[Rev. 2/27/2019 1:40:33 PM]
κ1985 Statutes of Nevada, Page 1235 (CHAPTER 435, AB 517)κ
the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge [granting the writ and discharging the applicant; but the appeal must be taken within 15 days from the day] within 30 days after the date of service of notice of the entry of the order.
5. Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court of Nevada, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter. When the appeal is docketed in the supreme court of Nevada, it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.
6. Any procedure provided by law for a change of judge in a civil proceeding before any court of this state, except the supreme court, applies to the proceedings set forth in this section.
Sec. 16. NRS 34.390 is hereby amended to read as follows:
34.390 Any judge empowered to grant a writ of habeas corpus applied for under this chapter, if it appear that the writ ought to issue, shall grant the [same] writ without delay [.] , except as otherwise provided in sections 2 to 12.5, inclusive, of this act. A writ of habeas corpus does not entitle a petitioner to be discharged from the custody or restraint under which he is held. The writ requires only the production of the petitioner to determine the legality of his custody or restraint.
Sec. 17. NRS 34.400 is hereby amended to read as follows:
34.400 The writ [shall] must be directed to the [officer or party having the] person who has the petitioner in custody or under restraint, commanding him to have the body of the [person, so imprisoned or detained as it is alleged by the petition, before the judge, at such time as the judge shall direct, specifying in the writ the place where the petition will be heard, to do and receive what shall then and there be considered concerning such person, together with the time and cause of his detention, and have then and there the writ.] petitioner produced before the district court or supreme court at a time which the judge or justice directs.
Sec. 18. NRS 34.430 is hereby amended to read as follows:
34.430 [The party upon whom the writ shall be duly served shall state in his return plainly and unequivocally:
1. Whether he]
1. Within the period specified in an order by the district court or supreme court pursuant to section 3 of this act, the respondent shall serve upon the petitioner and file with the court a return and an answer which must respond to the allegations of the petition.
κ1985 Statutes of Nevada, Page 1236 (CHAPTER 435, AB 517)κ
supreme court pursuant to section 3 of this act, the respondent shall serve upon the petitioner and file with the court a return and an answer which must respond to the allegations of the petition.
2. The return must state plainly and unequivocally whether the respondent has or has not the party in custody, or under his power or restraint.
[2. If he] If the respondent has the [party] petitioner in his custody or power, or under his restraint, he shall state the authority and cause of such imprisonment or restraint, setting forth [the same at large.] with specificity the basis for custody.
3. If the [party be] petitioner is detained by virtue of any judgment,writ, warrant or any other written authority, a certified or exemplified copy [thereof shall] must be annexed to the return . [, and the original shall be produced and exhibited to the judge on the hearing of such return.]
4. If the [officer or person upon whom the writ shall have been served shall have had the party] respondent has the petitioner in his power or custody [,] or under his restraint [, any time prior or subsequent to] before or after the date of the writ of habeas corpus, but [such officer or person] has transferred [such] custody or restraint to another, the return [shall] must state particularly to whom, at what time and place, for what cause, and by what authority [such] the transfer took place.
5. The return must be signed by the [person making the same, and, except when such person shall be a sworn public officer and shall make such return in his official capacity, it shall be verified by his oath or affirmation.] respondent and, unless the respondent is a sworn public officer who makes the return in his official capacity, verified under oath or affirmation.
Sec. 19. NRS 34.470 is hereby amended to read as follows:
34.470 1. The [party] petitioner brought before the judge on the return of the writ may deny or controvert any of the material facts or matters set forth in the return [, or except to] or answer, deny the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to his discharge.
2. The judge shall thereupon proceed in a summary way to hear such allegation and proof as may be produced against in favor of such imprisonment or detention, [or in favor of the same,] and to dispose of [such party as the justice of] the case as justice may require.
3. The judge [shall have full power and authority to require and] may compel the attendance of witnesses by process of subpena and attachment and [to do and] perform all other acts [and things] necessary to a full and fair hearing and determination of the case.
Sec. 20. NRS 34.500 is hereby amended to read as follows:
34.500 If it appears on the return of the writ of habeas corpus that the [prisoner] petitioner is in custody by virtue of process from any court of this state, or judge or officer thereof, [such prisoner] the petitioner may be discharged [,] in any one of the following cases:
κ1985 Statutes of Nevada, Page 1237 (CHAPTER 435, AB 517)κ
1. When the jurisdiction of [such] the court or officer has been exceeded.
2. When the imprisonment was at first lawful, yet by some act, omission or event, which has taken place afterwards, the [party] petitioner has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law, rendering [such process] it void.
4. When the process, though proper in form, has been issued in a case not allowed by law.
5. When the person having the custody of the [prisoner] petitioner is not the person allowed by law to detain him.
6. Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
7. Where [a party] the petitioner has been committed or indicted on a criminal charge, including a misdemeanor, except misdemeanor violations of chapter 484 of NRS or any ordinance adopted by a city or county to regulate traffic, without reasonable or probable cause.
8. Where [a party] the petitioner has been committed or indicted on any criminal charge under a statute or ordinance that is unconstitutional, or if constitutional on its face is unconstitutional in its application.
9. Where the court finds that there has been a specific denial of the petitioners constitutional rights with respect to his conviction or sentence in a criminal case.
Sec. 21. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.155, 176.223, 177.345, 178.465, 179.225 and 213.153 [,] and section 4 of this act,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the trust fund for insurance premiums is insufficient to pay the claims.
Sec. 22. NRS 34.460 is hereby repealed.
κ1985 Statutes of Nevada, Page 1238 (CHAPTER 435, AB 517)κ
Sec. 23. Section 21 of this act becomes effective at 12:02 a.m. on July 1, 1985.
________
Assembly Bill No. 182Committee on Government Affairs
CHAPTER 436
AN ACT relating to the licensing of occupations; authorizing the regulatory boards in each county to administer oaths, pay witnesses and appoint hearing officers; establishing qualifications for those hearing officers; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The chairman or clerk of the board of county commissioners to enforce NRS 244.335 to 244.340, inclusive, the chairman or clerk of the license board of the county to enforce NRS 244.345 and 244.347, and the chairman or clerk of the liquor board of the county to enforce NRS 244.350, 244.3501 and 244.351 may:
(a) Administer oaths and require testimony under oath;
(b) Pay witnesses a reasonable allowance for travel and subsistence; and
(c) Appoint hearing officers who may administer oaths and receive testimony given under oath.
2. Each hearing officer appointed pursuant to paragraph (c) of subsection 1 must be a resident of this state who is a graduate of:
(a) An accredited law school; or
(b) An accredited, 4-year college and has at least 5 years experience in public administration,
and who has completed a course of instruction in administrative law, relating to the provisions of this chapter, offered by the office of the district attorney for the county. This course must consist of at least 4 hours of instruction in a classroom.
3. Any notice given by the board must be served in the manner required for civil actions.
________
κ1985 Statutes of Nevada, Page 1239κ
Assembly Bill No. 609Committee on Commerce
CHAPTER 437
AN ACT relating to the state fire marshal; authorizing him to charge fees to recover the cost of the services he provides; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:
The state fire marshal shall by regulation adopt a schedule of fees for the services and regulatory activities performed by the state fire marshal division pursuant to the provisions of this chapter. The fees must approximate the cost of those services and activities.
________
Assembly Bill No. 695Assemblyman Stone (by request)
CHAPTER 438
AN ACT relating to forfeiture; adding equipment used to cheat in gambling; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, grand larceny or pandering or of a violation of NRS 465.070 to 465.085, inclusive, is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, are subject to forfeiture except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony [;] or such violation;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and
κ1985 Statutes of Nevada, Page 1240 (CHAPTER 438, AB 695)κ
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection 1.
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 588Committee on Government Affairs
CHAPTER 439
AN ACT relating to local governments; authorizing those governments to replace economic competition in certain areas of public services with regulated anticompetitive services; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.187 is hereby amended to read as follows:
244.187 [1. Any board of county commissioners may grant exclusive franchises to operate any of the following services outside the limits of incorporated cities within the county:
(a) Garbage and disposal.
(b) Fire protection and suppression.
(c) Ambulance service to pick up patients outside the limits of such incorporated cities.
2. Nothing in paragraph (c) of subsection 1 shall prevent any ambulance service from transporting patients from any county in which it is franchised to another county.
3. The board of county commissioners may, by ordinance, regulate such services and fix fees or rates to be charged by the franchiseholder.
4. A notice of the intention to grant any franchise shall be published once in a newspaper of general circulation in the county, and the franchise may not be granted until 30 days after such publication. The board of county commissioners shall give full consideration to any application or bid to supply such services, if received prior to the expiration of such 30-day period, and shall grant the franchise on terms most advantageous to the county and the persons to be served.
5. The provisions of chapter 709 of NRS shall not apply to any franchise granted under the provisions of this section.
6. Nothing in this section shall be construed to prevent any individual, partnership, corporation or association from hauling his or its own garbage subject to the regulations of the board of county commissioners promulgated under the provisions of this section.]
κ1985 Statutes of Nevada, Page 1241 (CHAPTER 439, AB 588)κ
garbage subject to the regulations of the board of county commissioners promulgated under the provisions of this section.] A board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the county and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in that county by an agency of the state.
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including but not limited to the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that county by an agency of the state.
6. Concessions on, over or under property owned or leased by the county.
7. Operation of landfills.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
A board of county commissioners may, outside the boundaries of incorporated cities:
1. Provide those services on an exclusive basis or, by ordinance, adopt a regulatory scheme for controlling the provision of those services or controlling development in those areas on an exclusive basis; or
2. Grant an exclusive franchise to any person to provide those services,
but in either case a person may dispose of his own garbage and other waste.
Sec. 3. NRS 266.295 is hereby amended to read as follows:
266.295 The city council may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad [or streetcar] in any public right of way.
2. Grant franchises to any person or corporation to operate a railroad [or streetcar] upon public rights of way and adjacent property.
3. Declare a nuisance and take up and remove, or cause to be taken up and removed, the tracks of any railway which have been laid upon, in, along, through or across any of the streets, alleys, avenues or public places of the city and which have not been operated with cars for public use for [a period of] 1 year after the laying thereof.
4. Subject to the provisions of NRS 704.300, condemn rights of way for any public purpose across any railroad right of way.
5. Prescribe the length of time any public right of way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
7. Require railroad companies to provide protection against injury to persons or property.
κ1985 Statutes of Nevada, Page 1242 (CHAPTER 439, AB 588)κ
8. Compel railroad companies to raise or lower their tracks to conform to any grade established by the city, so that tracks may be crossed at any place on any street, alley or avenue.
9. Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.
Sec. 4. NRS 268.081 is hereby amended to read as follows:
268.081 [An incorporated city may provide by lease, contract or franchise any of the following services which by charter or general law can be performed by the city itself within the corporate limits of the city:
1. Ambulance services.
2. Computer services.
3. Fire protection and suppression services.
4. Garbage and disposal services.
5. Police protection and watchman services.
6. Search and rescue services.
7. Specific city inspection services.
8. Any other service demanded by the inhabitants of the city which is within the power of the city by charter or law to provide.] The governing body of an incorporated city may, to provide adequate, economical and efficient services to the inhabitants of the city and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in that city by an agency of the state.
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including but not limited to the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that city by an agency of the state.
6. Concessions on, over or under property owned or leased by the city.
7. Operation of landfills.
8. Search and rescue.
9. Inspection required by any city ordinance otherwise authorized by law.
10. Any other service demanded by the inhabitants of the city which the city itself is otherwise authorized by law to provide.
Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of an incorporated city may:
1. Provide those services on an exclusive basis or, by ordinance, adopt a regulatory scheme for providing those services or controlling development on an exclusive basis within the boundaries of the city; or
2. Grant an exclusive franchise to any person to provide those services within the boundaries of the city.
κ1985 Statutes of Nevada, Page 1243 (CHAPTER 439, AB 588)κ
Sec. 6. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. A town board or board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the town and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in that town by an agency of the state.
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including but not limited to the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that town by an agency of the state.
6. Concessions on, over or under property owned or leased by the town.
7. Operation of landfills.
Sec. 8. A town board or board of county commissioners may:
1. Provide those services on an exclusive basis or, by ordinance, adopt a regulatory scheme for providing those services or controlling development on an exclusive basis within the boundaries of the town; or
2. Grant an exclusive franchise to any person to provide those services within the boundaries of the town.
Sec. 9. The following sections are hereby repealed:
1. NRS 496.095
2. Section 7.040 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 618.
3. Section 2.285 of the charter of Carson City, being chapter 690, Statutes of Nevada 1979, as last amended by chapter 313, Statutes of Nevada 1983, at page 756.
4. Section 7.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 313, Statutes of Nevada 1983, at page 758.
5. Section 7.030 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 491.
6. Section 7.040 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 400.
7. Section 7.050 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 419.
8. Section 2.340 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1405.
9. Section 7.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1226.
10. Section 7.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1981.
κ1985 Statutes of Nevada, Page 1244 (CHAPTER 439, AB 588)κ
11. Section 7.040 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 739.
12. Section 7.040 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 472.
13. Section 7.040 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 915.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 703Committee on Taxation
CHAPTER 440
AN ACT relating to the casino entertainment tax; exempting certain gratuities, service charges and entertainment; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.401 is hereby amended to read as follows:
463.401 1. In addition to any other license fees and taxes imposed by this chapter, a casino entertainment tax equivalent to 10 percent of all amounts paid for admission, food, refreshments and merchandise is hereby levied, except as provided in subsection 2, upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment, except instrumental or mechanical music alone or music by musicians who move constantly through the audience whether the music is vocal or instrumental or both, is provided to the patrons in connection with the serving or selling of food or refreshments, or the selling of any merchandise. Amounts paid for gratuities directly or indirectly remitted to employees of the licensee or for service charges collected and retained by persons other than the licensee are not taxable pursuant to this section.
2. A licensed gaming establishment is not subject to tax [under] pursuant to this section if :
(a) The establishment is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within [such] those respective limits;
(b) The entertainment is a charitable or nonprofit benefit, an exhibition in a museum, a sporting event, a trade show, a motion picture film , an outdoor concert or similar to any of these; or
(c) In other cases, if:
(1) No distilled spirits, wine or beer is served or permitted to be consumed;
(2) Only light refreshments are served;
(3) Where space is provided for dancing, no charge is made for dancing; and
κ1985 Statutes of Nevada, Page 1245 (CHAPTER 440, AB 703)κ
(4) Where music is provided or permitted, the music is:
(I) Provided without any charge to the owner, lessee or operator of the establishment or to any concessionaire;
(II) Mechanical or instrumental music alone; or
(III) Provided only by musicians who move constantly through the audience, whether the music is vocal or instrumental , or both.
3. The tax imposed by this section must be paid by the licensee of the establishment.
________
Senate Bill No. 366Committee on Judiciary
CHAPTER 441
AN ACT relating to veterinary medicine; changing the procedure for disciplinary action; allowing the board to regulate related personnel; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 32.5, inclusive, of this act.
Sec. 2. 1. The board or any of its members who becomes aware of any fact which may be any one or a combination of the grounds for initiating disciplinary action shall, and any other person who is so aware may, file with the board a verified written complaint specifying the relevant facts.
2. The board may, upon its own motion, and shall, upon receipt of such a complaint, investigate the actions of any applicant for a license or any holder of a license issued pursuant to the provisions of this chapter.
Sec. 3. 1. The board shall appoint one of its members to conduct the investigation of a complaint. The member conducting the investigation may request assistance from the attorney general or the executive secretary of the board, and may employ investigators, professional consultants, and any other personnel necessary to conduct the investigation.
2. Immediately after his appointment, the member conducting the investigation shall notify the person being investigated. The notice must describe the reasons for the investigation.
Sec. 4. If the member conducting the investigation determines that there is a reasonable basis for the complaint, he may:
1. Prepare and sign a statement of findings and recommend a formal hearing. If the board agrees with the recommendation it shall, by motion, fix a time and place for a hearing and so notify the person at least 20 days before the date of the hearing.
κ1985 Statutes of Nevada, Page 1246 (CHAPTER 441, SB 366)κ
least 20 days before the date of the hearing. The notice must include a copy of the statement of findings;
2. Recommend that the board conduct an informal hearing based on the allegations in the verified complaint and the results of the investigation; or
3. Submit his statement of findings to the person under investigation. If he agrees in writing to the findings of the member conducting the investigation, the board may adopt that report and take such disciplinary action as is necessary without conducting a hearing.
Sec. 5. At all hearings the attorney general, or an attorney employed by the board, shall represent the board.
Sec. 6. If the board issues an order summarily suspending the license of a veterinarian or an animal technician pending proceedings for disciplinary action, the court shall not stay that order unless the board fails to institute and determine such proceedings as promptly as practicable.
Sec. 7. 1. In addition to any other remedy provided by law, the board, through its president or the attorney general, may apply to a court to enjoin any unprofessional conduct of a veterinarian or animal technician, or to limit his practice or suspend his license.
2. The court may issue a temporary restraining order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and
(b) Pending proceedings for disciplinary action by the board. Such proceedings must be instituted and determined as promptly as practicable.
Sec. 8. 1. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
2. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 1 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 9. 1. Except as provided in this section, all information received by the board concerning an applicant for a license or a licensee, including the results of an investigation, is confidential.
2. If the board takes disciplinary action against an applicant or licensee, the complaint and the action taken are no longer required to be confidential.
3. If the board conducts any proceeding other than a disciplinary action regarding an applicant or licensee, its statement of findings and any order issued relating thereto are no longer required to be confidential.
κ1985 Statutes of Nevada, Page 1247 (CHAPTER 441, SB 366)κ
4. Information concerning an applicant or a licensee may be disclosed, pursuant to procedures established by regulation of the board, to a court or an agency of the Federal Government, any state or any political subdivision of this state. Notice of the disclosure and the contents of the information must be given to the applicant or licensee within 3 business days before the disclosure.
Sec. 10. 1. If the board has reason to believe that the conduct of any veterinarian or animal technician has raised a reasonable question as to his competence to practice veterinary medicine or to act as an animal technician with reasonable skill and safety to animals, it may order that person to undergo a mental or physical examination or an examination testing his competence to practice veterinary medicine or to act as an animal technician. The examination must be conducted by physicians or other persons designated by the board to assist it in determining the fitness of that person to practice veterinary medicine or to act as an animal technician.
2. Every veterinarian or animal technician who accepts a license issued pursuant to this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence when directed to do so in writing by the board.
3. If the board directs a licensee to submit to a mental or physical examination or an examination testing his competence, the examination must be held and the results returned to the board not later than 60 days after the board issues the order.
4. The testimony or reports of the examining physicians or other persons designated by the board are privileged communication, except as to proceedings conducted pursuant to this chapter.
5. Except in extraordinary circumstances, as determined by the board, the failure of a person licensed under this chapter to submit to an examination when directed as provided in this section constitutes grounds for the immediate suspension of his license.
Sec. 11. 1. If the board receives information that a veterinarian or animal technician is causing, allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it may, without a hearing, suspend his license or prohibit the use of certain procedures or any dangerous activity. The board shall notify the veterinarian or animal technician within 2 days after taking the action.
2. The board shall, within 14 days after notifying the veterinarian or animal technician, hold an informal hearing to determine if cause exists to extend the order. The veterinarian or animal technician may present evidence at that hearing. After the hearing the board may extend the order for no more than 60 days.
3. The issuance or extension of the order is not an adjudication on the merits. During the period of suspension, the board shall investigate further and if it decides it is necessary, hold a formal hearing which must take priority over any other proceeding before the board. If the board finds, after the formal hearing, that the licensee is causing, allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it shall issue an order stating its findings and the action taken.
κ1985 Statutes of Nevada, Page 1248 (CHAPTER 441, SB 366)κ
allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it shall issue an order stating its findings and the action taken.
Sec. 12. 1. Service of process made pursuant to and all notices required by this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the veterinarian, animal technician or applicant for a license, at his last known address, as indicated on the records of the board. If personal service cannot be made and if notice by mail is returned undelivered, the executive secretary of the board shall cause a notice of the hearing or action to be published one a week for 4 consecutive weeks in a newspaper published in the county of that persons last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made pursuant to this chapter must be filed with the executive secretary and recorded in the minutes of the board.
Sec. 13. In any proceeding before the board:
1. Proof of actual injury need not be established where the statement of findings charges deceptive or unethical professional conduct.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or animal technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.
Sec. 14. The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself must not delay or void the proceedings. The board may, for good cause shown:
1. Continue any hearing; or
2. Within 30 days after the hearing, reopen the proceedings and permit the person charged to submit evidence.
Sec. 15. If a veterinarian or animal technician does not agree with an order of the board imposing a sanction against him, or the information upon which the order is based, he shall submit a written statement to the board giving his position in detail, within 30 days after service of the order. The board shall review the statement, issue its decision and notify the licensee within 120 days after it receives the statement.
Sec. 16. 1. Any person against whom disciplinary action has been taken by the board is entitled to judicial review of the boards order.
2. Every order of the board imposing a sanction pursuant to NRS 638.147 is effective from the date the president and executive secretary certify the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided in NRS 233B.140.
3. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given priority by law.
κ1985 Statutes of Nevada, Page 1249 (CHAPTER 441, SB 366)κ
boards order priority over other civil matters which are not expressly given priority by law.
Sec. 17. 1. Any person:
(a) Whose practice of veterinary medicine has been limited; or
(b) Whose license to practice veterinary medicine has been suspended until further order or revoked,
by an order of the board, may apply to the board after a reasonable period for removal of the limitation or restoration of his license.
2. In hearing the application, the board:
(a) May require the person to submit to a mental or physical examination by physicians whom it designates or to an examination testing his competence by other persons whom it designates, and submit such other evidence of changed conditions and of fitness as it considers proper;
(b) Shall determine whether under all the circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind its order as the evidence warrants.
Sec. 18. The board, a veterinary society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning a veterinarian or animal technician, is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 19. The filing and review of a complaint, its dismissal without further action or its transmittal to the attorney general, and any subsequent disposition by the board, the attorney general or any reviewing court do not preclude any appropriate criminal prosecution by the attorney general or a district attorney based upon the same or other facts.
Sec. 20. The following acts, among others, are grounds for disciplinary action:
1. Fraud or misrepresentation to secure a license;
2. Conspiring to commit fraud, forgery or deception in connection with an examination for a license;
3. Swearing falsely in any testimony or affidavit relating to or in the course of the practice of veterinary medicine; and
4. Engaging in any professional conduct likely to deceive, defraud or harm the public.
Sec. 21. The following acts, among others, are grounds for disciplinary action:
1. Claiming or implying professional superiority over other licensees;
2. Accepting money to permanently cure a manifestly incurable disease;
3. Sharing fees for services with any person except a licensed veterinarian; and
4. Soliciting patronage directly or by employing solicitors.
Sec. 22. The following acts, among others, are grounds for disciplinary action:
κ1985 Statutes of Nevada, Page 1250 (CHAPTER 441, SB 366)κ
1. Allowing ones name to be used as a veterinarian or as an animal technician by another person who is not licensed or permitted to practice in this state;
2. Having professional association with or employing any person claiming to be a veterinarian or animal technician unlawfully; and
3. Failure to report, within 30 days, the revocation of a license to practice veterinary medicine or as an animal technician in another state, territory or district of the United States on grounds other than nonpayment of a fee.
Sec. 23. The following acts, among others, are grounds for disciplinary action:
1. Failure of a licensee to maintain his facilities and premises in a clean and sanitary condition;
2. Failure to maintain records relating to the diagnosis, treatment and care of an animal;
3. Altering the records of an animal;
4. Making or filing a report which the licensee knows to be false;
5. Willful failure to report any dangerous, infectious or contagious disease or the results of any medical test as required by law; or
6. Willfully committing any inhumane or cruel act on any animal.
Sec. 24. The board may request and obtain a search warrant from a magistrate upon a showing that the warrant is needed to carry out an order of the board or for an investigation or hearing being conducted by the board and that reasonable cause exists to issue the warrant.
Sec. 25. Every veterinarian or animal technician licensed pursuant to this chapter shall report to the board any claim for malpractice or negligence filed against him and its disposition within 90 days after the claim is filed and after its disposition.
Sec. 26. Any person who files with the board a verified complaint about the care given to his animal by a licensee may present the animal for a physical examination. The board may:
1. Schedule the examination at a reasonable time and place;
2. Notify the complainant at least 5 days before the examination; and
3. Pay the cost of the examination.
Sec. 27. 1. The board shall keep a record of:
(a) All charges filed against a licensee;
(b) The proceedings of any formal hearing conducted by the board or a hearing officer;
(c) Any order filed by the board; and
(d) All licenses issued by the board including the name of the holder of the license, his business and residential addresses, the date the license was issued and the serial number of the license.
2. The records of the board listed in subsection 1 must be open to the public at reasonable times and places.
Sec. 28. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by the decision of the officer or panel to impose any other disciplinary action may appeal that decision to the board.
κ1985 Statutes of Nevada, Page 1251 (CHAPTER 441, SB 366)κ
aggrieved by the decision of the officer or panel to impose any other disciplinary action may appeal that decision to the board.
Sec. 29. The president of the board, or in his absence, the vice president, may administer oaths in the performance of his duties.
Sec. 30. A court may award, costs and reasonable attorneys fees incurred by the board to:
1. Enforce a subpena if the court enters an order compelling compliance; or
2. Enforce the provisions of this chapter.
Sec. 31. The board, a member thereof or its authorized representative may inspect a facility in which veterinary medicine is practiced at any time during which the facility is open for business, to ensure compliance with the requirements of this chapter and the regulations of the board.
Sec. 32. Any person seeking to enjoin another person from acting as a veterinarian or animal technician without a license, need allege only that he did, on a specified date in this state, so act without having a license.
Sec. 32.5. A copy of the regulations of the board governing the sanitary conditions of facilities in which veterinary medicine is practiced must be furnished to each person to whom a license is issued for the practice of veterinary medicine pursuant to this chapter.
Sec. 33. NRS 638.020 is hereby amended to read as follows:
638.020 1. The Nevada state board of veterinary medical examiners is hereby created.
2. The board consists of seven members appointed by the governor.
3. Six of the members [appointed by the governor] must:
(a) Be residents of the State of Nevada.
(b) Be graduates of a veterinary college approved by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.
4. One member appointed by the governor must be a representative of the general public.
5. Any member may be removed from the board by the governor for good cause.
Sec. 34. NRS 638.050 is hereby amended to read as follows:
638.050 1. The board shall elect from its appointed members a president [,] and vice president . [and secretary-treasurer.] The officers serve at the pleasure of the board.
2. [The office of the president is the legal office of the board, but the] The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
3. [The secretary-treasurer] The board shall employ an executive secretary who shall maintain a copy of all [incoming and outgoing] correspondence.
κ1985 Statutes of Nevada, Page 1252 (CHAPTER 441, SB 366)κ
Sec. 35. NRS 638.060 is hereby amended to read as follows:
638.060 1. The board shall meet [annually, the time and place to concur with the annual meeting of the Nevada State Veterinary Association.
2. Whenever requested by any three members, the secretary- treasurer shall call a meeting of the board.
3.] at least annually and on the call of the president or any four of its members.
2. Four members of the board constitute a quorum.
Sec. 36. NRS 638.070 is hereby amended to read as follows:
638.070 [1.] The board may [adopt such regulations as it deems necessary] :
1. Adopt regulations:
(a) Necessary to carry out the provisions of this chapter [and not in conflict therewith.
2. The board may:
(a)] ;
(b) Concerning the rights and responsibilities of veterinary interns and externs and graduates of schools of veterinary medicine located outside the Unites States or Canada;
(c) Concerning the rights and responsibilities of a veterinarians employees who are not licensed nor working towards obtaining a license pursuant to this chapter and whose duties require them to spend a substantial portion of their time in direct contact with animals;
(d) Concerning requirements for continuing education; and
(e) Establishing procedures to approve schools which confer the degree of animal technician or its equivalent;
(f) Concerning the disposition of animals which are abandoned or left unclaimed at the office of a veterinarian; and
(g) Establishing sanitary requirements for facilities in which veterinary medicine is practiced, including, but not limited to, precautions to be taken to prevent the creation or spread of any infectious or contagious disease.
2. Employ attorneys, investigators , hearing officers for disciplinary hearings, and other professional consultants and clerical personnel necessary to the discharge of its duties.
[(b)] 3. Take and record evidence as to any matter cognizable by it.
[(c) Adopt regulations relating to continuing education requirements.]
Sec. 37. NRS 638.080 is hereby amended to read as follows:
638.080 1. The [secretary-treasurer shall be] executive secretary is the custodian of all the records and [funds] money of the board, and shall deposit [the funds] all money received by the board pursuant to the provisions of this chapter, except fines imposed by the board, in banks or savings and loan associations in the State of Nevada.
[2. All moneys received for licenses shall be subject to the order of the board. The moneys shall] The money must be used to meet the expenses of the board.
κ1985 Statutes of Nevada, Page 1253 (CHAPTER 441, SB 366)κ
[3.] 2. Payment of money [from the funds of the board shall] must be made upon the written order of the president countersigned by the [secretary-treasurer.] executive secretary.
Sec. 38. NRS 638.100 is hereby amended to read as follows:
638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada [shall] must make written application to the [secretary-treasurer] executive secretary of the board.
2. The application [shall] must include any information required by the board and must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) Has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine within the United States or Canada or, if the applicant is a graduate of a school of veterinary medicine located outside the United States or Canada, that he has received an educational certificate issued after December 31, 1972, by the Educational Committee on Foreign Veterinary Graduates of the American Veterinary Medical Association.
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States . [,
and by any other information which may be required by the board.]
3. The application [shall] must also be accompanied by a fee set by the board, not to exceed $200.
4. The board may refuse to issue a license upon satisfactory proof that the applicant [:
(a) Has been guilty of unprofessional conduct;
(b) Has been guilty of gross immorality;
(c) Is guilty of habitual drunkenness;
(d) Is addicted to the use of habit-forming drugs; or
(e) Has been convicted of a felony.] has committed an act which would be grounds for disciplinary action if the applicant were a licensee.
Sec. 39. NRS 638.122 is hereby amended to read as follows:
638.122 1. Any person who desires to secure a license as an animal technician [in the State of Nevada shall] must make written application to the [secretary-treasurer] executive secretary of the board.
2. The application [shall] must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) [Has] Except as provided in subsection 4 has received a diploma conferring the degree of animal technician, or its equivalent after having completed a college level course at a school [that conforms to the standards required for accreditation by the American Veterinary Medical Association.] approved by the board.
(c) Is a citizen of the United States or is [a lawful permanent resident of] lawfully entitled to remain and work in the United States.
κ1985 Statutes of Nevada, Page 1254 (CHAPTER 441, SB 366)κ
(d) Has furnished any other information required by the board.
3. The application [shall] must be accompanied by a fee to be set by the board in an amount not to exceed $200.
4. Any person who for a period of 5 full calendar years [prior to] before July 1, 1976, has been an employee of a veterinarian licensed to practice in this state may, upon presentation to the board of a certificate of the veterinarian with whom he worked certifying as to the applicants [work experience, be permitted to] experience, substitute this experience for the educational requirement of paragraph (b) of subsection 2. Any person who qualifies for an examination to be certified as an animal technician who does not successfully pass the required examination or reexamination must then comply with the specified educational requirements.
Sec. 40. NRS 638.127 is hereby amended to read as follows:
638.127 1. On or before January 1 of each even-numbered year, the [secretary-treasurer] executive secretary shall mail to each person licensed under the provisions of this chapter an application form for the biennial renewal of his license.
2. Each applicant for renewal [shall] must complete the form and return it to the [secretary-treasurer,] executive secretary, accompanied by the renewal [license] fee, before March 1 of such year. The renewal [license] fee may be set by the board in an amount not to exceed $200.
3. Upon receipt of the application and fee, the board shall issue to [such] that person a certificate of renewal.
4. Any person who fails to renew his license on or before May 1 of such year forfeits his license.
5. When a person has forfeited his license in the manner provided in subsection 4, the board may reinstate [such person] the license and issue a certificate of renewal upon payment of the renewal [license] fee and delinquency penalty of $10 for each month or fraction thereof the license [remained unrenewed] was not renewed after March 1.
6. If a licensee does not practice for more than 12 consecutive months, the board may require him to take an examination to determine his competency before renewing his license.
Sec. 41. NRS 638.140 is hereby amended to read as follows:
638.140 The following acts [constitute cause] , among others, are grounds for disciplinary action [under NRS 638.147:
1. Unprofessional conduct resulting from the violation] :
1. Violation of regulations adopted by the board;
2. [Gross immorality;
3.] Habitual drunkenness;
[4.] 3. Addiction to the use of a controlled substance as defined in chapter 453 of NRS;
[5.] 4. Conviction of or a plea of nolo contendere to a felony, [a misdemeanor] or any offense involving moral turpitude [or conviction for violation of any provision of this chapter;
6.] ;
κ1985 Statutes of Nevada, Page 1255 (CHAPTER 441, SB 366)κ
5. Incompetence, gross negligence, or other malpractice pertaining to veterinary medicine [;
7. Fraud or misrepresentation in connection with the securing of a license;
8. Practicing or aiding and abetting in the practice of fraud, forgery, deception, collusion or conspiracy in connection with an examination for a license;
9. Swearing falsely in any testimony or affidavit relating to or in the course of the practice of veterinary medicine, surgery or dentistry;
10. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
11. The claiming or inferring of professional superiority over other veterinary practitioners;
12. Procuring any fee or recompense on the assurance that a manifestly incurable diseased condition of the body of an animal can be permanently cured;
13. Sharing fees with any person except the licensed veterinarian for services actually performed;
14. Soliciting patronage directly or by employing solicitors directly or indirectly;
15. Willful failure to report any dangerous, infectious or contagious disease as required by law;
16. Willful failure to report the results of any medical tests as required by law;
17. Willfully committing any inhumane or cruel act on any animal;
18. Lending ones name to be used as a veterinarian by another person who is not licensed or permitted to practice in this state;
19. Having professional association with or employing any person practicing veterinary medicine unlawfully;
20. Revocation of a license to practice veterinary medicine in another state, territory or district of the United States on grounds other than nonpayment of registration fee; or
21. Failing to maintain their facilities and premises in a clean and sanitary condition.] as evidenced by a claim of malpractice settled against the holder of a license;
6. Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS; or
7. Willful failure to comply with any provision of this chapter, a regulation, subpena or order of the board, or an order of a court.
Sec. 42. NRS 638.144 is hereby amended to read as follows:
638.144 1. The board , or a member assigned to investigate a complaint, may issue subpenas to compel the attendance of witnesses and the production of books [and papers.] , records, papers and any other article related to the practice of veterinary medicine.
2. If any witness refuses to attend or testify or produce any [books and papers] article as required by the subpena, the board may report to the district court in [and for] the county in which the hearing is pending, by petition setting forth that:
κ1985 Statutes of Nevada, Page 1256 (CHAPTER 441, SB 366)κ
to the district court in [and for] the county in which the hearing is pending, by petition setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the [books and papers;] required articles;
(b) The witness has been subpenaed [by the board] pursuant to this section; and
(c) The witness has failed or refused to attend or produce the [books and papers] articles required by the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify [or produce the books and papers] before the board [.] or produce the articles as required by the subpena.
3. Upon receiving the petition, the court may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified [or produced the books or papers] before the board [.] or produced the articles as required by the subpena. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required [books or papers,] articles, and upon failure to obey the order the witness may be dealt with as for contempt of court.
Sec. 43. NRS 638.145 is hereby amended to read as follows:
638.145 The board shall not refuse to issue a license to an applicant or [suspend, revoke or refuse to renew the license of any licensed veterinarian] take any disciplinary action except upon satisfactory proof that the applicant or licensee has engaged in one or more of the practices prohibited by the provisions of this chapter.
Sec. 44. NRS 638.147 is hereby amended to read as follows:
638.147 1. If the board determines that any applicant for a license [as a veterinarian or a licensed veterinarian] or any person licensed pursuant to this chapter has committed any of the acts which [constitute cause] are grounds for disciplinary action, the board may:
(a) Refuse to issue a license.
(b) Refuse to renew a license.
(c) Revoke a license.
(d) Suspend a license for a definite period [of time.] or until further order of the board.
(e) Impose a [civil administrative sanction] fine in an amount not to exceed [$1,000.] $5,000 for each act which constitutes a ground for disciplinary action.
(f) Place a licensee on probation [.] subject to any reasonable conditions imposed by the board, including requiring courses in continuing education or a periodic or continuous review of his practice.
(g) Administer a public or private reprimand.
κ1985 Statutes of Nevada, Page 1257 (CHAPTER 441, SB 366)κ
(h) Limit his practice to specified branches of veterinary medicine.
(i) Require him to take a competency examination or a mental or physical examination.
2. Any money collected by the board pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
Sec. 45. NRS 638.170 is hereby amended to read as follows:
638.170 [Any violation]
1. Except as provided in subsections 2 and 3, any person who violates any of the provisions of this chapter [shall constitute] is guilty of a misdemeanor.
2. Any person who practices veterinary medicine, without a license issued pursuant to the provisions of this chapter, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who practices as an animal technician, without a license issued pursuant to the provisions of this chapter, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
Sec. 46. NRS 638.141 and 638.143 are hereby repealed.
________
Assembly Bill No. 675Assemblymen Bergevin and Nicholas
CHAPTER 442
AN ACT relating to the Nevada Tahoe regional planning agency; changing the composition of the governing body; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.792 is hereby amended to read as follows:
278.792 1. The Nevada Tahoe regional planning agency is hereby created as a separate legal entity.
2. The governing body of the agency consists of:
(a) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and must reside in the territorial jurisdiction of the governmental body making the appointment.
(b) [One member] Two members appointed by the governor [of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee.
κ1985 Statutes of Nevada, Page 1258 (CHAPTER 442, AB 675)κ
Nevada or his designee. A member who is appointed or designated pursuant to this paragraph must not be a resident of the region and shall represent the public at large within the State of Nevada.
(c) One member appointed for a 1-year term by the six other members. If at least four members are unable to agree upon the selection of a seventh member within 30 days after this section becomes effective or the occurrence of a vacancy, the governor shall make the appointment. The member appointed pursuant to this paragraph may but is not required to be a resident of the region.] of this state.
(c) One member appointed by the speaker of the assembly, and one member appointed by the majority leader of the senate, of this state.
3. If any appointing authority fails to make an appointment within 30 days after the effective date of this section or the occurrence of a vacancy on the governing body, the governor shall make the appointment.
4. The position of any member of the governing body shall be deemed vacant if the member is absent from three consecutive meetings of the governing body in any calendar year.
5. Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing body or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this section, economic interest means:
(a) Any business entity operating in the region in which the member has a direct or indirect investment worth more than $1,000 ; [.]
(b) Any real property located in the region in which the member has a direct or indirect interest worth more than $1,000 ; [.]
(c) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(d) Any business entity operating in the region in which the member is a director, officer, partner, trustee, employee or holds any position of management.
No member or employee of the agency may make or attempt to influence [an agency decision] a decision of the agency in which he knows or has reason to know he has a financial interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interest of the member or employee.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. All other sections of this act become effective 1 minute after a proclamation by the governor of the amendment of Article III(a)(2) of the Tahoe Regional Planning Compact as proposed by Assembly Bill No.
κ1985 Statutes of Nevada, Page 1259 (CHAPTER 442, AB 675)κ
the Tahoe Regional Planning Compact as proposed by Assembly Bill No. 433 of this session.
________
Assembly Bill No. 503Assemblymen Zimmer, DuBois, Stone, Coffin, Lambert, Roberts, Collins, ODonnell, Tebbs, Jeffrey, Spriggs, Horne, Humke and Thomas
CHAPTER 443
AN ACT relating to retail installment contracts; requiring the time price differential to be limited to the declining balance when the time balance is prepaid; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 97.225 is hereby amended to read as follows:
97.225 1. Notwithstanding the provisions of any retail installment contract to the contrary, and if the rights of the [purchaser] buyer have not been terminated or forfeited under the terms of the contract, [any] the buyer may prepay in full the unpaid time balance thereof at any time before its final due date and, if he does so, and if the contract is not in default under any term or condition of the contract more than 2 months, he is entitled to a refund of the unearned portion of the time price differential for the prepayment. The amount of the refund must be [at least as great a proportion of the original time price differential, after deducting therefrom a minimum charge of not more than $25, as the sum of the periodic time balances for each period beginning 1 period after the prepayment is made bears to the sum of all the periodic time balances under the schedule of payments in the contract. Where the amount of the refund is less than $1, no refund need be made.] computed by applying the agreed rate of the time price differential to the unpaid time balance. Any greater amount of the time price differential which may have been precomputed and included in the balance due must be refunded.
2. This section does not preclude the imposition of any penalty for prepayment to which the parties may agree when the contract is executed.
________
κ1985 Statutes of Nevada, Page 1260κ
Senate Bill No. 268Committee on Commerce and Labor
CHAPTER 444
AN ACT relating to real estate brokers and salesmen; revising various requirements for licensing; clarifying the requirements for recovery from the real estate education, research and recovery fund; providing penalties; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. Business means the tangible assets and goodwill of an existing enterprise.
Sec. 4. A person shall not accept an advance fee listing unless he is licensed as a real estate broker, broker-salesman or salesman pursuant to this chapter.
Sec. 5. NRS 645.002 is hereby amended to read as follows:
645.002 [As used in this chapter, advance] Advance fee means a fee contracted for, claimed, demanded, charged, received or collected for an advance fee listing, advertisement or offer to sell or lease property, issued for the purpose of promoting the sale or lease of a business [opportunities] or real estate or for referral to a business [opportunity] or real estate brokers or salesmen , or both, [prior to] before the last printing or other last issuance thereof, other than by a newspaper of general circulation.
Sec. 6. NRS 645.004 is hereby amended to read as follows:
645.004 [As used in this chapter, advance]
1. Advance fee listing includes, but is not limited to:
[1.] (a) The name or a list of the names of the owners, landlords, exchangers or lessors, or the location of property [,] or a business, or of an interest [in property,] therein, offered for rent, sale, lease or exchange.
[2.] (b) The name, or a list of the names, or the location at which prospective or potential purchasers, buyers, lessees, tenants or changers of property may be communicated with or found.
[3.] (c) An agreement by which a person who is engaged in the business of promoting the sale or lease of [business opportunities] businesses or real estate agrees to render to an owner or lessee of the property any services, to promote the sale or lease of the property, for an advance fee. [To engage in that business, the person must be licensed as a real estate broker, broker-salesman or salesman pursuant to this chapter.
κ1985 Statutes of Nevada, Page 1261 (CHAPTER 444, SB 268)κ
licensed as a real estate broker, broker-salesman or salesman pursuant to this chapter.
4.] (d) An agreement by which a person [who is engaged in the business of finding, locating or promoting] agrees to locate or promote the sale or lease of [business opportunities] a business or real estate [agrees,] for an advance fee . [, to circularize, notify or refer business opportunity or real estate brokers or salesmen, or both, to the property which is offered for sale or lease. To engage in that business, the person must be licensed as a real estate broker, broker-salesman or salesman pursuant to this chapter.
Advance fee listing]
2. The term does not include publications intended for general circulation.
Sec. 7. NRS 645.030 is hereby amended to read as follows:
645.030 1. [Within the meaning of this chapter, a real] Real estate broker [is any] means a person who, for another and for compensation or with the intention or expectation of receiving compensation:
(a) Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any business or real estate or the improvements thereon or any modular homes or other housing offered or conveyed with any interest in real estate; or
(b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
2. Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter.
Sec. 8 and 9. (Deleted by amendment.)
Sec. 10. NRS 645.120 is hereby amended to read as follows:
645.120 The administrator shall:
1. Possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.
2. Not be interested in any real estate firm or brokerage firm, nor shall he act as a broker or salesman or agent therefor.
Sec. 11. NRS 645.130 is hereby amended to read as follows:
645.130 1. The real estate division may employ:
(a) Legal counsel, investigators and other professional consultants without regard to the provisions of chapter 284 of NRS.
(b) Such other employees as are necessary to the discharge of its duties.
κ1985 Statutes of Nevada, Page 1262 (CHAPTER 444, SB 268)κ
2. No employee of the real estate division may be interested in any real estate firm or brokerage firm, nor may any employee act as a broker or salesman or agent therefor.
Sec. 12. NRS 645.230 is hereby amended to read as follows:
645.230 1. It is unlawful for any person, [copartnership,] partnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a real estate broker, real estate broker-salesman or real estate salesman within the State of Nevada without first obtaining the appropriate license from the real estate division as provided for in this chapter.
2. The real estate division may prefer a complaint for violation of this section before any court of competent jurisdiction; and the real estate division may assist in presenting the law or facts upon any trial for a violation of this section.
3. The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur, unless prosecuted by the attorney general. Upon the request of the administrator the attorney general shall prosecute any violation of this section in lieu of the district attorney.
Sec. 13. NRS 645.240 is hereby amended to read as follows:
645.240 1. The provisions of this chapter do not apply to, and the terms real estate broker and real estate salesman do not include, any person who, as owner or lessor, performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For the purposes of this subsection, management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. [Management] The term does not include sales activities.
2. The provisions of this chapter do not apply to:
(a) Any bank, trust company , savings and loan association or any [land] mortgage or farm loan association [organized] licensed under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its [corporate powers.] license.
(b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.
(c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.
(d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
κ1985 Statutes of Nevada, Page 1263 (CHAPTER 444, SB 268)κ
(e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
(f) The purchase, sale or locating of mining claims or options thereon or interests therein.
(g) The State of Nevada or a political subdivision thereof.
Sec. 14. NRS 645.260 is hereby amended to read as follows:
645.260 Any person, [copartnership,] partnership, association or corporation who, for another, in consideration of compensation by fee, commission, salary or otherwise, or with the intention or expectation of receiving compensation, does, offers or attempts or agrees to do, engages in, or offers or attempts or agrees to engage in, either directly or indirectly, any single act or transaction contained in the definition of a real estate broker in NRS 645.030, whether the act [be] is an incidental part of a transaction, or the entire transaction, [shall constitute such person, copartnership, association or corporation] is acting in the capacity of a a real estate broker or real estate salesman within the meaning of this chapter.
Sec. 15. NRS 645.270 is hereby amended to read as follows:
645.270 No person, [copartnership,] partnership, association or corporation engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in NRS 645.030 without alleging and proving that [such person, copartnership,] the person, partnership, association or corporation was a [duly] licensed real estate broker or real estate salesman at the time the alleged cause of action arose.
Sec. 16. NRS 645.280 is hereby amended to read as follows:
645.280 1. It is unlawful for any licensed real estate broker, or broker-salesman or salesman to offer, promise, allow, give or pay, directly or indirectly, any part or share of his commission , [or] compensation or finders fee arising or accruing from any real estate transaction to any person who is not a licensed real estate broker, broker-salesman or salesman, in consideration of services performed or to be performed by the unlicensed person. A licensed real estate broker may pay a commission to a licensed broker of another state.
2. A real estate broker-salesman or salesman shall not be associated with or accept compensation from any person other than the broker or owner-developer under whom he is at the time licensed.
3. It is unlawful for any licensed real estate broker-salesman or salesman to pay a commission to any person except through the broker or owner-developer under whom he is at the time licensed.
Sec. 17. NRS 645.330 is hereby amended to read as follows:
645.330 1. The division may approve an application for a license for a person who meets all the following requirements:
(a) Has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a broker, broker-salesman or salesman in a manner which safeguards the interest of the public, and who offers proof of those qualifications satisfactory to the division.
κ1985 Statutes of Nevada, Page 1264 (CHAPTER 444, SB 268)κ
salesman in a manner which safeguards the interest of the public, and who offers proof of those qualifications satisfactory to the division.
(b) 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 in any court of competent jurisdiction in the United States or elsewhere. The untrustworthiness of an applicant and a conviction of a crime listed in this subsection may be sufficient ground for refusal of a license. The division may deny a license to any person who has been convicted of engaging in a real estate business without a license.
(c) Has not made a false statement of material fact on his application.
(d) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.
(e) Has passed the examination.
2. Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within [1 year] 10 years before the date of the application is grounds for refusal to grant a license.
3. A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a brokers license.
Sec. 18. NRS 645.340 is hereby amended to read as follows:
645.340 1. The division shall not approve an application for a brokers or salesmans license of any person unless he is a bona fide resident of the State of Nevada.
2. The requirements of subsection 1 are applicable to each member of a [copartnership] partnership or association and to each officer or director of a corporation who will actively engage in the real estate business.
Sec. 19. NRS 645.350 is hereby amended to read as follows:
645.350 1. Application for license as a real estate broker, broker-salesman or salesman must be made in writing to the division upon blanks prepared or furnished by the division.
2. Every application for a real estate brokers, broker-salesmans or salesmans license must set forth the following information:
(a) The name, age and address of the applicant. If the applicant is a [copartnership] partnership or an association which is doing business as a real estate broker, the name and address of each member thereof. If the application is for a corporation which is doing business as a real estate salesman, real estate broker-salesman or real estate broker, the name and address of each officer and director thereof.
(b) In the case of a broker, the name under which the business is to be conducted.
κ1985 Statutes of Nevada, Page 1265 (CHAPTER 444, SB 268)κ
be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicants firm, [copartnership] partnership or association. Except as provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) In the case of a broker, the place or places, including the street number, the city and county where the business is to be conducted.
(d) The business or occupation engaged in by the applicant for [a period of] at least 2 years immediately preceding the date of the application, and the location thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty or nolo contendere to a charge of felony, and if so, the nature of the felony.
(g) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.
(h) Whether the applicant has been refused a real estate brokers, broker-salesmans or salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state [.
(h)] , district or territory of the United States or any other country.
(i) If the applicant is a member of a [copartnership] partnership or association, or an officer of a corporation, the name and [office] address of the [copartnership,] office of the partnership, association or corporation of which the applicant is a member or officer.
3. An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicants activities as a licensee.
4. If a [copartnership] partnership or association is to do business as a real estate broker, the application for a brokers license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.
Sec. 20. NRS 645.370 is hereby amended to read as follows:
645.370 1. Every [copartnership] partnership doing business as a real estate broker must designate [and appoint] one of its members, and every corporation doing business as a real estate broker must designate [and appoint] one of its officers, to submit an application for a brokers license.
κ1985 Statutes of Nevada, Page 1266 (CHAPTER 444, SB 268)κ
and every corporation doing business as a real estate broker must designate [and appoint] one of its officers, to submit an application for a brokers license.
2. Upon such members or officers successfully passing the examination, and upon compliance with all other requirements of law by the [copartnership] partnership or corporation, as well as by the designated member or officer, the division shall issue a brokers license to the member or officer on behalf of the corporation or [copartnership,] partnership, and thereupon the member or officer so designated is entitled to perform all the acts of a real estate broker contemplated by this chapter; except:
(a) That the license entitles the member or officer so designated to act as a real estate broker only as officer or agent of the [copartnership] partnership or corporation, and not on his own behalf, except as provided in NRS 645.385; and
(b) That if in any case the person so designated is refused a license by the real estate division, or in case he ceases to be connected with the [copartnership] partnership or corporation, the [copartnership] partnership or corporation may designate another person who shall make application and qualify as in the first instance.
Sec. 21. NRS 645.380 is hereby amended to read as follows:
645.380 Each member or officer of a [copartnership] partnership or corporation who will perform or engage in any of the acts specified in NRS 645.030, other than the member or officer designated for such purpose by the [copartnership] partnership or corporation in the manner provided in NRS 645.370, shall make application for and take out a separate brokers license in his own name individually. The license issued to any such member or officer of a [copartnership] partnership or corporation entitles the member or officer to act as a real estate broker only as an officer or agent of the [copartnership] partnership or corporation and not on his own behalf.
Sec. 22. NRS 645.385 is hereby amended to read as follows:
645.385 The division may waive the requirements of NRS 645.370 and 645.380 by adopting regulations authorizing real estate brokers to act on their own behalf as well as on the behalf of a corporation or [copartnership.] partnership.
Sec. 23. NRS 645.410 is hereby amended to read as follows:
645.410 Every application for examination for a license as a real estate broker, broker-salesman or salesman under the provisions of this chapter must be accompanied by the examination fee prescribed by this chapter. The applicant shall pay the original license fee and the fee for the real estate education, research and recovery fund [fee within 90 days after he is notified in writing by the division that] at the time he files his application for a license . [has been approved. If an applicant fails to pay the prescribed fees within 90 days after notification, no license may be issued to him except upon another original application, except that within 1 year of the due date a license may be issued upon payment of a fee one and one-half times the amount otherwise required for a license.]
κ1985 Statutes of Nevada, Page 1267 (CHAPTER 444, SB 268)κ
Sec. 24. NRS 645.440 is hereby amended to read as follows:
645.440 1. If the division, after an application for a license in proper form has been filed with it, accompanied by the proper fee, denies an application, the division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.
2. Upon written request from the applicant, filed within 30 days after receipt of that notice by the applicant, the president of the commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicants request if the request contains allegations which, if true:
(a) Qualify the applicant for a license; or
(b) Would entitle the applicant to a waiver of the education requirements of NRS 645.343.
3. The hearing must be held at such time and place as the commission prescribes. At least 15 days before the date set for the hearing, the division shall notify the applicant and shall accompany the notification with an exact copy of any protest filed, together with copies of all communications, reports, affidavits or depositions in possession of the division relevant to the matter in question. Written notice of the hearing may be served by delivery personally to the applicant, or by mailing it by certified mail to the last known [business] address of the applicant.
4. The hearing may be held by the commission or a majority thereof, and a hearing must be held, if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the division of the reasonable cost of transcription.
5. The commission shall render a written decision on any appeal within 60 days from the final hearing and shall notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.
6. Where an applicant has made a false statement of material fact on his application, the false statement may in itself be sufficient ground for refusal of a license.
Sec. 25. NRS 645.577 is hereby amended to read as follows:
645.577 1. [Any licensee whose license has been placed] The division may place a license on inactive status [by the division] for any of the following reasons : [must apply for and obtain reinstatement of his license before he may be placed on active status:]
(a) At the request of the licensee.
(b) If a brokers license or a corporate officers license, for failure to immediately notify the division in writing of any change in the name of his firm or its business location.
(c) If a broker-salesmans license or a salesmans license, for failure to notify the division of a change in the broker or owner-developer with whom he will be associated within 30 days after his previous association was terminated.
κ1985 Statutes of Nevada, Page 1268 (CHAPTER 444, SB 268)κ
(d) For failure to apply and pay the fee for renewal before the license expired.
(e) If inactivated upon the placing of the broker under whose supervision the licensee worked in an inactive status.
(f) As a result of a formal disciplinary proceeding.
2. Any licensee whose license has been placed on inactive status may not engage in the business of a real estate broker, broker-salesman or salesman until he has met all of the requirements for reinstatement of his license to active status.
Sec. 26. NRS 645.590 is hereby amended to read as follows:
645.590 If any real estate broker licensed under the provisions of this chapter as a member of a [copartnership or association,] partnership, or as an officer of a corporation, [should discontinue] discontinues his connections with [such copartnership, association] the partnership or corporation, and thereafter [desire] desires to act as an individual real estate broker, or become associated with any other [copartnership, association] partnership or corporation, the broker [shall be required to] must file an application and pay a transfer fee of $20 for a new license as an individual broker or as a member of [such new copartnership] the new partnership or association, or as an officer of [such] the new corporation. The payment of such a fee does not extend or otherwise alter the original license period.
Sec. 27. NRS 645.630 is hereby amended to read as follows:
645.630 The commission may require a licensee or owner-developer to pay an administrative fine of not more than $500 for each violation he commits or suspend, revoke or [reissue subject to] place conditions upon his license or registration, or do both, at any time if the licensee or owner-developer has, by false or fraudulent representation, obtained a license or registration, or where the licensee or owner-developer, whether or not acting as such, is found guilty of:
1. Making any material misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.
4. Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.
5. Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.
6. Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.
7. Commingling the money or other property of his principals with his own or converting the money of others to his own use.
κ1985 Statutes of Nevada, Page 1269 (CHAPTER 444, SB 268)κ
8. In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.
9. Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.
10. Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.
11. Inducing any party to a contract, sale or lease to break it in order to substitute a new contract, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.
Sec. 28. NRS 645.633 is hereby amended to read as follows:
645.633 The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
1. Willfully using any trade name, service mark or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
2. Violating any of the provisions of this chapter, chapter 119 , 119A or 645A of NRS or of any regulation adopted [under either chapter.] thereunder.
3. Paying a commission , [or] compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
4. A felony, or has entered a plea of guilty or nolo contendere to a charge of felony [.] or any crime involving fraud, deceit, misrepresentation or moral turpitude.
5. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
6. Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.
7. Failure to include a fixed date of expiration in any written listing agreement or to leave a copy of the agreement with the principal.
8. Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a principal.
9. Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter [.] or chapter 119 or 119A of NRS.
κ1985 Statutes of Nevada, Page 1270 (CHAPTER 444, SB 268)κ
10. Any other conduct which constitutes [improper,] deceitful, fraudulent or dishonest dealing.
11. Any conduct which took place before his being licensed, which was in fact unknown to the [commission] division and which would have been grounds for denial of a license had the [commission] division been aware of the conduct.
12. Acting in the dual capacity of agent and undisclosed principal in any transaction.
13. Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
Action may also be taken pursuant to NRS 645.630 against a person subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
Sec. 29. NRS 645.635 is hereby amended to read as follows:
645.635 The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
1. Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent.
2. Negotiating a sale, exchange or lease of real estate directly with an owner or lessor if he knows that the owner has a written contract in force in connection with the property granting an exclusive agency or an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.
3. Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser [and] or to the seller.
4. Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his files. The furnishing of those statements by an escrow holder relieves the brokers, broker-salesmans or salesmans responsibility and must be deemed to be compliance with this provision.
5. Representing to any lender, guaranteeing agency or any other interested party, either verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.
6. Failure to produce any document, book or record in his possession or under his control, concerning any real estate transaction under investigation by the division.
7. Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing.
κ1985 Statutes of Nevada, Page 1271 (CHAPTER 444, SB 268)κ
8. Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance.
9. Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.
10. Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.
Sec. 30. NRS 645.660 is hereby amended to read as follows:
645.660 1. Any unlawful act or violation of any of the provisions of this chapter by any licensee is not cause for the suspension or revocation of a license of any person associated with the licensee, unless it appears to the satisfaction of the commission that the associate knew or should have known thereof. A course of dealing shown to have been persistently and consistently followed by any licensee constitutes prima facie evidence of such knowledge upon the part of the associate.
2. If it appears that a registered owner-developer knew or should have known of any unlawful act or violation on the part of a real estate broker, broker-salesman or salesman employed by him, in the course of his employment, the commission may suspend or revoke his registration [.] and may assess a civil penalty of not more than $500.
3. The commission may suspend or revoke the license of a real estate broker and may assess a civil penalty of not more than $500 against him if it appears he has failed to maintain adequate supervision of a salesman or broker-salesman associated with him and that person commits any unlawful act or violates any of the provisions of this chapter.
Sec. 31. NRS 645.670 is hereby amended to read as follows:
645.670 In the event of the revocation or suspension of the license issued to any member of a [copartnership] partnership or to any officer of a corporation, the [copartnership] partnership or corporation may not conduct business unless the member whose license has been revoked is severed and his interest in the [copartnership] partnership and his share in its activities brought to an end, or if a corporation, the offending officer is discharged and has no further participation in its activities. The discharged or withdrawing member or officer of such [copartnership] a partnership or corporation may reassume his connection with, or be reengaged by [such copartnership] the partnership or corporation upon termination of the suspension or upon reinstatement of his license.
Sec. 32. NRS 645.680 is hereby amended to read as follows:
645.680 1. The procedure set forth in this section and NRS 645.690 must be followed before the revocation or suspension of any license.
2. Upon the initiation of a complaint by the administrator, the matter must be set for a hearing by the administrator, who shall schedule a hearing before the commission, and the licensee is entitled to be heard thereon in person or by counsel.
κ1985 Statutes of Nevada, Page 1272 (CHAPTER 444, SB 268)κ
hearing before the commission, and the licensee is entitled to be heard thereon in person or by counsel.
3. The commission shall hold the hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may be continued upon the motion of the commission or at the discretion of the commission, upon the written request of the licensee or of the division for good cause shown.
4. The licensee must be given at least 30 days notice in writing by the division of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the division relevant to the complaint. The division may present evidence obtained after the notice only if the division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee and that the evidence was given or communicated to the licensee immediately after it was obtained.
5. [The notice may be served by] Notice is complete upon delivery personally to the licensee, or by mailing by certified mail to the last known [business] address of the licensee. If the licensee is a broker-salesman or salesman, the division shall also notify the broker with whom he is associated, or the owner-developer by whom he is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or brokers last known [business] address.
Sec. 33. NRS 645.685 is hereby amended to read as follows:
645.685 1. [Within 20 days after service of the notice upon him, the] The licensee shall file an answer to the charges with the commission. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely.
2. The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding for the suspension or revocation of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission, except:
(a) If the charges are based upon a misrepresentation [,] or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation [;] or failure to disclose; and
(b) Whenever any action or proceeding is instituted to which the division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke the license is suspended during the pendency of the action or proceeding.
κ1985 Statutes of Nevada, Page 1273 (CHAPTER 444, SB 268)κ
Sec. 34. NRS 645.690 is hereby amended to read as follows:
645.690 1. The hearing on the charges must be held at such time and place as the commission prescribes. The hearing may be held by the commission or a majority thereof, and the hearing must be held, if the licensee so requests in writing, within the [county where] northern or southern district, as set forth in NRS 645.100, within which the licensees principal place of business is situated.
2. At the hearing, a stenographic transcript of the proceedings must be made if requested or required for judicial review. Any party to the proceedings desiring a transcript must be furnished with a copy upon payment to the division of the reasonable cost of transcription.
Sec. 35. NRS 645.740 is hereby amended to read as follows:
645.740 1. The commission shall render [a] an informal decision on any complaint within 15 days after the final hearing thereon and shall give notice in writing of the ruling or decision to the applicant or licensee affected thereby within 60 days after [it is made] the final hearing thereon by certified mail to the last known address of the person to whom the notice is sent.
2. If the ruling is adverse to the licensee, the commission shall also state in the notice the date upon which the ruling or decision becomes effective, which date must not be less than 30 days after the date of the notice.
3. The decision of the commission may not be stayed by any appeal in accordance with the provisions of NRS 645.760, unless the district court so orders upon motion of the licensee, notice to the division of the motion and opportunity for the division to be heard.
4. An appeal from a decision of the district court affirming the revocation or suspension of a license does not stay the order of the commission unless the district or appellate court, in its discretion and upon petition of the licensee, after notice and hearing orders such stay, and upon the filing of a bond for costs in the amount of $1,000.
Sec. 36. NRS 645.760 is hereby amended to read as follows:
645.760 1. A ruling or decision of the commission in any disciplinary action is final when in favor of the licensee.
2. If a ruling or decision is against the licensee, the licensee may within 30 days [from] after the date of the decision appeal therefrom to the district court in and for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by filing in the district court and serving upon the administrator personally or by certified mail a notice of [such] the appeal, a written petition for review and a demand in writing for a certified transcript and copies of all the papers on file in the office of the division affecting or relating to the decision, and [all] the evidence taken [on] at the hearing . [, and paying not more than $1 for the certification thereof.] Thereupon, the division shall, within 30 days, make and certify the transcript [, and the appellant shall, within 5 days after receiving it, file it and the notice of appeal] and the copies and file them with the clerk of the court.
κ1985 Statutes of Nevada, Page 1274 (CHAPTER 444, SB 268)κ
them with the clerk of the court. The petition for review need not be [certified] verified but must set forth in specific detail any ground for the appeal, including any errors which the licensee contends that the commission committed at the hearing. The commission is a party to review proceedings. [The petition may be served upon the administrator by delivery or by certified mail. The petition must be filed in the district court.]
3. The appellants opening brief must be filed in the district court within 30 days after the date on which the transcript is filed with the court. The respondents answering brief must be filed within 30 days after the appellants opening brief is filed. If the appellant chooses to file a reply brief, it must be filed within 10 days after the respondents answering brief is filed. Failure to file a brief within the time prescribed in this subsection constitutes a waiver of the right to file that brief, unless an extension is granted by the court upon a showing of good cause.
4. Upon the hearing of the appeal, the burden of proof [shall be upon] is on the appellant, and the court shall consider the action of the commission from which the appeal is taken, and is limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the commission in making [such] the decision.
Sec. 37. NRS 645.830 is hereby amended to read as follows:
645.830 1. The following fees must be charged by and paid to the division:
For each real estate salesmans or brokers examination............................. $55
For each original real estate brokers, broker- salesmans or corporate brokers license...................................................................................................................... 130
For each original real estate salesmans license............................................ 100
For each original branch office license........................................................... 100
For real estate education, research and recovery to be paid at the time [of issuance of each original license or renewal] an application for a license is filed or at the time a license is renewed......................................................................... 40
For each penalty assessed for failure of an applicant for an original brokers, broker-salesmans or corporate brokers license to file within 90 days after notification...................................................................................................................... 65
For each penalty assessed for failure of an applicant for an original salesmans license to file within 90 days after notification...................................... 50
For each renewal of a real estate brokers, broker-salesmans or corporate brokers license.......................................................................................................... 130
For each renewal of a real estate salesmans license.................................... 100
For each renewal of a real estate branch office license................................ 100 For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license....................... 65
κ1985 Statutes of Nevada, Page 1275 (CHAPTER 444, SB 268)κ
For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license................................................................................ 65
For each penalty for late filing of a renewal for a salesmans license........ 50
For each change of name or address.............................................................. 10
For each transfer of a real estate salesmans or broker-salesmans license and change of association or employment.......................................................................... 10
For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof.................................................................................... 10
For each change of status from broker to broker- salesman, or the reverse 10
For each reinstatement to active status of an inactive real estate brokers, broker-salesmans or salesmans license.................................................................... 10
For each reinstatement of a real estate brokers license when the licensee fails to give immediate written notice to the division of a change of name or business location .............................................................................................................................. 20
For each reinstatement of a real estate salesmans or broker-salesmans license when he fails to notify the division of a change of broker within 30 days of termination by previous broker.................................................................................................. 20
For each original registration of an owner-developer.................................. [40] 65
For each annual renewal of a registration of an owner-developer............. [40] 65
For each enlargement of the area of an owner- developers registration.. 15
For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof................................................................................................... 40
For each original accreditation of a course of continuing education........ 50
For each renewal of accreditation of a course of continuing education... 10
2. The fees prescribed for courses of continuing education do not apply to any university or college of the University of Nevada System.
Sec. 37.5. NRS 645.843 is hereby amended to read as follows:
645.843 1. Upon [issuance] application for or renewal of every real estate brokers, broker-salesmans and salesmans license, every licensed broker, broker-salesman and salesman shall pay in addition to the original or renewal fee, a fee for real estate education, research and recovery. The additional fee must be deposited in the state treasury for credit to the real estate education, research and recovery fund, and must be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.
2. Owner-developers need not contribute to the fund.
κ1985 Statutes of Nevada, Page 1276 (CHAPTER 444, SB 268)κ
Sec. 38. NRS 645.844 is hereby amended to read as follows:
645.844 1. [When] Except as otherwise provided in subsection 2, when any person obtains a final judgment in any court of competent jurisdiction against any licensee or licensees under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter, that person, upon termination of all proceedings, including appeals in connection with any judgment, may file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of the unpaid actual damages included in the judgment, but not more than $10,000 per [claimant.] judgment. The liability of the fund does not exceed $20,000 for any [licensee.] person licensed pursuant to this chapter, whether he is licensed as a partnership, association or corporation or as a natural person, or both. The petition must state the grounds which entitle the person to recover from the fund.
2. [A copy of the petition] A person who is licensed pursuant to this chapter may not recover from the fund for damages which are related to a transaction in which he acted in his capacity as a licensee.
3. A copy of the:
(a) Petition;
(b) Judgment;
(c) Complaint upon which the judgment was entered; and
(d) Writ of execution which was returned unsatisfied,
must be served upon the administrator and the judgment debtor and [an affidavit] affidavits of service must be filed with the court.
3. [The court shall act upon the petition within 30 days after service and, upon] Upon the hearing [thereof,] on the petition, the petitioner shall show that:
(a) He is not the spouse of the debtor, or the personal representative of that spouse.
(b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof, the amount owing thereon at the date of the petition, and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.
(d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
κ1985 Statutes of Nevada, Page 1277 (CHAPTER 444, SB 268)κ
(f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
4. The provisions of this section do not apply to owner-developers.
Sec. 39. NRS 645.845 is hereby amended to read as follows:
645.845 1. Whenever the court proceeds upon a petition as provided in NRS 645.844, the administrator may answer and defend any such action against the fund on behalf of the fund [and in the name of the defendant] and may use any appropriate method of review on behalf of the fund. The judgment debtor may answer and defend any such action on his own behalf.
2. [The] Unless the judgment was entered by default, consent or stipulation or the case was uncontested, the judgment set forth in the petition [shall be considered as] is prima facie evidence [only and] but the findings of fact therein [shall not be] are not conclusive for the purposes of NRS 645.841 to 645.8494, inclusive.
3. The administrator may, subject to court approval, compromise a claim based upon the application of a petitioner. He shall not be bound by any prior compromise of the judgment debtor.
Sec. 40. NRS 645.847 is hereby amended to read as follows:
645.847 If the administrator pays from the fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensee, his license issued pursuant to chapter 119 of NRS and this chapter must be automatically suspended upon the effective date of an order by the court [as set forth herein] authorizing payment from the fund. [No such] The license of the broker, broker-salesman or salesman may not be reinstated and no other license may be granted to him pursuant to this chapter until he has repaid in full, plus interest at the rate of [8] 12 percent per annum, the amount paid from the fund on his account. Interest is computed from the date payment from the fund was made by the administrator.
Sec. 41. NRS 645.848 is hereby amended to read as follows:
645.848 1. Whenever claims are filed against the fund which total more than the maximum liability for the acts of one licensee, the maximum liability of the fund for each licensee must be distributed among the claimants in a ratio that their respective claims bear to the total of all claims, or in any other manner that the court may find equitable.
2. The distribution must be made without regard to the order of priority in which claims were filed or judgments entered.
3. Upon petition of the administrator, the court may require all claimants and prospective claimants to be joined in one action so that the respective rights of all claimants may be equitably determined.
4. If, at any time, the money deposited in the fund and allotted for satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the administrator shall, when sufficient money has been deposited in the fund, satisfy the unpaid claims or portions thereof, in the order that the claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum.
κ1985 Statutes of Nevada, Page 1278 (CHAPTER 444, SB 268)κ
money has been deposited in the fund, satisfy the unpaid claims or portions thereof, in the order that the claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum. Any sums received by the division pursuant to NRS [645.841 to 645.8494, inclusive,] 645.847 and 645.8491 must be deposited in the state treasury [and credited to] for credit to the account for education and research in the fund.
Sec. 42. NRS 645.8491 is hereby amended to read as follows:
645.8491 When the administrator has paid from the fund any [sum] money to the judgment creditor, the administrator is subrogated to all other rights of the judgment creditor [and the judgment creditor shall assign all his right, title and interest in the judgment to the administrator] to the extent of the amount paid and any amount and interest so recovered by the administrator on the judgment [shall] must be deposited in the state treasury for credit to the fund.
Sec. 43. NRS 645.850 is hereby amended to read as follows:
645.850 1. Any person who:
(a) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud; or
(b) Sells or attempts to sell in this state any interest in real property by means of intentional misrepresentation, deceit or fraud,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Any licensee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $500 [.
2.] for each offense.
3. Any person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a [copartnership,] partnership, association or corporation, shall be punished by a fine of not more than $2,500.
[3.] 4. Any officer or agent of a corporation, or member or agent of a [copartnership] partnership or association, who personally participates in or is an accessory to any violation of this chapter by the [copartnership,] partnership, association or corporation, is subject to the penalties [herein] prescribed in this section for natural persons.
[4.] 5. Nothing in this section releases any person from civil liability or criminal prosecution under the general laws of this state.
[5.] 6. The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
[6.] 7. Any court of competent jurisdiction may try any violation of this chapter, and upon conviction the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.
κ1985 Statutes of Nevada, Page 1279 (CHAPTER 444, SB 268)κ
Sec. 44. 1. NRS 645.8493 is hereby repealed.
2. Section 217 of Senate Bill No. 59 of this session is hereby repealed.
________
Assembly Bill No. 246Assemblymen Sader and Stone
CHAPTER 445
AN ACT relating to limited partnerships; adopting the revised version of the Uniform Limited Partnership Act; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 66, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Certificate of limited partnership means the certificate referred to in section 8 of this act, and the certificate as amended.
2. Contribution means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.
3. Event of withdrawal of a general partner means an event that causes a person to cease to be a general partner as provided in section 23 of this act.
4. Foreign limited partnership means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.
5. General partner means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.
6. Limited partner means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement and named in the certificate of limited partnership as a limited partner.
7. Limited partnership and domestic limited partnership mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
8. Partner means a limited or general partner.
9. Partnership agreement means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.
κ1985 Statutes of Nevada, Page 1280 (CHAPTER 445, AB 246)κ
10. Partnership interest means a partners share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.
11. Person means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association or corporation.
12. State means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
Sec. 3. The name of each limited partnership as set forth in its certificate of limited partnership:
1. Must contain without abbreviation the words limited partnership;
2. May not contain the name of a limited partner unless:
(a) It is also the name of a general partner or the corporate name of a corporate general partner; or
(b) The business of the limited partnership had been carried on under that name before the admission of that limited partner;
3. May not contain any word or phrase indicating or implying that it is organized other than for a purpose stated in its certificate of limited partnership; and
4. May not be the same as, or deceptively similar to, the name of any corporation or limited partnership organized under the laws of this state or licensed or registered as a foreign corporation or limited partnership in this state, unless the corporation or limited partnership already bearing that name files with the secretary of state its written consent to the use of the same or a similar name by the limited partnership whose certificate is offered for filing.
Sec. 4. 1. The exclusive right to the use of a name may be reserved by:
(a) Any person intending to organize a limited partnership under this chapter and to adopt that name;
(b) Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name;
(c) Any foreign limited partnership intending to register in this state and adopt that name; and
(d) Any person intending to organize a foreign limited partnership and intending to have it registered in this state and adopt that name.
2. The reservation must be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name. If the secretary of state finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve the name for the exclusive use of the applicant for a period of 120 days. Once having so reserved a name, the same applicant may not again reserve the same name until more than 60 days after the expiration of the last 120-day period for which that applicant reserved that name. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
κ1985 Statutes of Nevada, Page 1281 (CHAPTER 445, AB 246)κ
executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
Sec. 5. Each limited partnership shall continuously maintain in this state:
1. An office, which may but need not be a place of its business in this state, at which must be kept the records required by section 6 of this act to be maintained; and
2. An agent for service of process on the limited partnership, who must be a natural person resident of this state, a domestic corporation or a foreign corporation authorized to do business in this state.
Sec. 6. Each limited partnership shall keep at the office referred to in subsection 1 of section 5 of this act the following:
1. A current list of the full name and last known business address of each partner set forth in alphabetical order;
2. A copy of the certificate of limited partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed;
3. Copies of the limited partnerships federal, state, and local income tax returns and reports, if any, for the 3 most recent years; and
4. Copies of any then effective written partnership agreements and of any financial statements of the limited partnership for the 3 most recent years.
Those records are subject to inspection and copying at the reasonable request, and at the expense, of any partner during ordinary business hours.
Sec. 7. Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner.
Sec. 8. 1. In order to form a limited partnership two or more persons must execute a certificate of limited partnership. The certificate must be filed in the office of the secretary of state and set forth:
(a) The name of the limited partnership;
(b) The general character of its business;
(c) The address of the office and the name and address of the agent for service of process required to be maintained by section 5 of this act;
(d) The name and the business address of each partner, specifying separately the general partners and limited partners;
(e) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute in the future;
(f) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;
(g) Any power of a limited partner to grant the right to become a limited partner to an assignee of any part of his partnership interest, and the terms and conditions of the power;
(h) If agreed upon, the time at which or the events on the happening of which a partner may terminate his membership in the limited partnership and the amount of, or the method of determining, the distribution to which he may be entitled respecting his partnership interest, and the terms and conditions of the termination and distribution;
κ1985 Statutes of Nevada, Page 1282 (CHAPTER 445, AB 246)κ
of which a partner may terminate his membership in the limited partnership and the amount of, or the method of determining, the distribution to which he may be entitled respecting his partnership interest, and the terms and conditions of the termination and distribution;
(i) Any right of a partner to receive distributions of property, including cash from the limited partnership;
(j) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partners contribution;
(k) Any time at which or events upon the happening of which the limited partnership is to be dissolved and its affairs wound up;
(l) Any right of the remaining general partners to continue the business on the happening of an event of withdrawal of a general partner; and
(m) Any other matters the partners determine to include therein.
2. A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
Sec. 9. 1. A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the secretary of state. The certificate must set forth:
(a) The name of the limited partnership;
(b) The date of filing of the certificate; and
(c) The amendment to the certificate.
2. Within 30 days after the happening of any of the following events an amendment to a certificate of limited partnership reflecting the occurrence of the event or events must be filed:
(a) A change in the amount or character of the contribution of any partner, or in any partners obligation to make a contribution;
(b) The admission of a new partner;
(c) The withdrawal of a partner; or
(d) The continuation of the business under section 43 of this act after an event of withdrawal of a general partner.
3. A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate, but an amendment to show a change of address of a limited partner need be filed only once every 12 months.
4. A certificate of limited partnership may be amended at any time for any other proper purpose the general partners may determine.
5. No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection 2 if the amendment is filed within the 30-day period specified in subsection 2.
κ1985 Statutes of Nevada, Page 1283 (CHAPTER 445, AB 246)κ
Sec. 10. A certificate of limited partnership must be canceled upon the dissolution and the commencement of winding up of the partnership or at any other time there are no limited partners. A certificate of cancellation must be filed in the office of the secretary of state and set forth:
1. The name of the limited partnership;
2. The date of filing of its certificate of limited partnership;
3. The reason for filing the certificate of cancellation;
4. The effective date, which must be a date certain, of cancellation if it is not to be effective upon the filing of the certificate; and
5. Any other information the general partners filing the certificate determine.
Sec. 11. 1. Each certificate required by sections 8 to 16, inclusive, of this act to be filed in the office of the secretary of state must be executed in the following manner:
(a) An original certificate of limited partnership must be signed by all partners named therein;
(b) A certificate of amendment must be signed by at least one general partner and by each other partner designated in the certificate as a new partner or whose contribution is described as having been increased; and
(c) A certificate of cancellation must be signed by all general partners.
2. Any person may sign a certificate by an attorney in fact, but a power of attorney to sign a certificate relating to the admission, or increased contribution, of a partner must specifically describe the admission or increase.
3. The execution of a certificate by a general partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true.
Sec. 12. If a person required by section 11 of this act to execute a certificate of amendment or cancellation fails or refuses to do so, any other partner, and any assignee of a partnership interest, who is adversely affected by the failure or refusal, may petition the district court to direct the amendment or cancellation. If the court finds that the amendment or cancellation is proper and that any person so designated has failed or refused to execute the certificate, it shall order the secretary of state to record an appropriate certificate of amendment or cancellation.
Sec. 13. 1. Two signed copies of the certificate of limited partnership and of any certificates of amendment or cancellation or of any judicial decree of amendment or cancellation must be delivered to the secretary of state. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law he shall:
κ1985 Statutes of Nevada, Page 1284 (CHAPTER 445, AB 246)κ
(a) Endorse on each duplicate original the word Filed and the day, month and year of the filing thereof;
(b) File one duplicate original in his office; and
(c) Return the other duplicate original to the person who filed it or his representative.
2. Upon the filing of a certificate of amendment or judicial decree of amendment in the office of the secretary of state, the certificate of limited partnership is amended as set forth therein, and upon the effective date of a certificate of cancellation or a judicial decree thereof, the certificate of limited partnership is canceled.
Sec. 14. If any certificate of limited partnership or certificate of amendment or cancellation contains a false statement, one who suffers loss by reliance on the statement may recover damages for the loss from:
1. Any person who executes the certificate, or causes another to execute it on his behalf, and knew, and any general partner who knew or should have known, the statement to be false at the time the certificate was executed; and
2. Any general partner who thereafter knows or should have known that any arrangement or other fact described in the certificate has changed, making the statement inaccurate in any respect within a sufficient time before the statement was relied upon reasonably to have enabled that general partner to cancel or amend the certificate, or to file a petition for its cancellation or amendment under section 12 of this act.
Sec. 15. The fact that a certificate of limited partnership is on file in the office of the secretary of state is notice that the partnership is a limited partnership and the persons designated therein as limited partners are limited partners, but it is not notice of any other fact.
Sec. 16. Upon the return by the secretary of state pursuant to section 13 of this act of a certificate marked Filed, the general partners shall promptly deliver or mail a copy of the certificate of limited partnership and each certificate of amendment or cancellation to each limited partner unless the partnership agreement provides otherwise.
Sec. 17. 1. After the filing of a limited partnerships original certificate of limited partnership, a person may be admitted as an additional limited partner:
(a) In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all partners; and
(b) In the case of an assignee of a partnership interest of a partner who has the power, as provided in section 41 of this act, to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power.
κ1985 Statutes of Nevada, Page 1285 (CHAPTER 445, AB 246)κ
2. In each case under subsection 1, the person acquiring the partnership interest becomes a limited partner only upon amendment of the certificate of limited partnership reflecting that fact.
Sec. 18. Subject to section 19 of this act, the partnership agreement may grant to all or a specified group of the limited partners the right to vote on a per capita or other basis upon any matter.
Sec. 19. 1. Except as provided in subsection 4, a limited partner is not liable for the obligations of a limited partnership unless he is also a general partner or, in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business. However, if the limited partners participation in the control of the business is not substantially the same as the exercise of the powers of a general partner, he is liable only to persons who transact business with the limited partnership with actual knowledge of his participation in control.
2. A limited partner does not participate in the control of the business within the meaning of subsection 1 solely by doing one or more of the following:
(a) Being a contractor for or an agent or employee of the limited partnership or of a general partner;
(b) Consulting with and advising a general partner with respect to the business of the limited partnership;
(c) Acting as surety for the limited partnership;
(d) Approving or disapproving an amendment to the partnership agreement; or
(e) Voting on one or more of the following matters:
(1) The dissolution and winding up of the limited partnership;
(2) The sale, exchange, lease, mortgage, pledge or other transfer of all or substantially all of the assets of the limited partnership other than in the ordinary course of its business;
(3) The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business;
(4) A change in the nature of the business; or
(5) The removal of a general partner.
3. The enumeration in subsection 2 does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by him in the business of the limited partnership.
4. A limited partner who knowingly permits his name to be used in the name of the limited partnership, except under circumstances permitted by subsection 2 of section 3 of this act, is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner.
Sec. 20. 1. Except as provided in subsection 2, a person who makes a contribution to a business enterprise and erroneously but in good faith believes that he has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a limited partner, if, on ascertaining the mistake, he:
κ1985 Statutes of Nevada, Page 1286 (CHAPTER 445, AB 246)κ
its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a limited partner, if, on ascertaining the mistake, he:
(a) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed; or
(b) Withdraws from future equity participation in the enterprise by executing and filing in the office of the secretary of state a certificate declaring withdrawal under this section.
2. A person who makes a contribution of the kind described in subsection 1 is liable as a general partner to any third party who transacts business with the enterprise:
(a) Before the person withdraws and an appropriate certificate is filed to show withdrawal; or
(b) Before an appropriate certificate is filed to show his status as a limited partner and, in the case of an amendment, after expiration of the 30-day period for filing an amendment relating to the person as a limited partner under section 9 of this act, but in either case only if the third party actually believed in good faith that the person was a general partner at the time of the transaction.
Sec. 21. Each limited partner has the right to:
1. Inspect and copy any of the partnership records required to be maintained by section 6 of this act; and
2. Obtain from the general partners from time to time upon reasonable demand:
(a) True and full information regarding the state of the business and financial condition of the limited partnership;
(b) Promptly after becoming available, a copy of the limited partnerships federal, state and local income tax returns for each year; and
(c) Other information regarding the affairs of the limited partnership as is just and reasonable.
Sec. 22. After the filing of a limited partnerships original certificate of limited partnership, additional general partners may be admitted only with the specific written consent of each partner.
Sec. 23. Except as approved by the specific written consent of all partners at the time, a person ceases to be a general partner of a limited partnership upon the happening of any of the following events:
1. The general partner withdraws from the limited partnership as provided in section 32 of this act;
2. The general partner ceases to be a member of the limited partnership as provided in section 39 of this act;
3. The general partner is removed as a general partner in accordance with the partnership agreement;
4. Unless otherwise provided in the certificate of limited partnership, the general partner:
(a) Makes an assignment for the benefit of creditors;
(b) Files a voluntary petition in bankruptcy;
(c) Is adjudicated a bankrupt or insolvent;
(d) Files a petition or answer seeking for himself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation;
κ1985 Statutes of Nevada, Page 1287 (CHAPTER 445, AB 246)κ
arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation;
(e) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him in any proceeding of this nature; or
(f) Seeks, consents to or acquiesces in the appointment of a trustee, receiver or liquidator of the general partner or of all or any substantial part of his properties;
5. Unless otherwise provided in the certificate of limited partnership, 120 days after the commencement of any proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his consent or acquiescence of a trustee, receiver or liquidator of the general partner or of all or any substantial part of his properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any such stay, the appointment is not vacated;
6. In the case of a general partner who is a natural person:
(a) His death; or
(b) The entry by a court of competent jurisdiction adjudicating him incompetent to manage his person or his estate;
7. In the case of a general partner who is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee;
8. In the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of the separate partnership;
9. In the case of a general partner that is a corporation, the filing of a certificate of dissolution, or its equivalent, for the corporation or the revocation of its charter; or
10. In the case of an estate, the distribution by the fiduciary of the estates entire interest in the partnership.
Sec. 24. 1. Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers and is subject to the restrictions of a partner in a partnership without limited partners.
2. Except as provided in this chapter, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to persons other than the partnership and the other partners. Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to the partnership and to the other partners.
Sec. 25. A general partner of a limited partnership may make contributions to the partnership and share in the profits and losses of, and in distributions from, the limited partnership as a general partner. A general partner also may make contributions to and share in profits, losses and distributions as a limited partner.
κ1985 Statutes of Nevada, Page 1288 (CHAPTER 445, AB 246)κ
losses and distributions as a limited partner. A person who is both a general partner and a limited partner has the rights and powers, and is subject to the restrictions and liabilities, of a general partner and, except as provided in the partnership agreement, also has the powers, and is subject to the restrictions, of a limited partner to the extent of his participation in the partnership as a limited partner.
Sec. 26. The partnership agreement may grant to all or certain identified general partners the right to vote on a per capita or any other basis, separately or with all or any class of the limited partners, on any matter.
Sec. 27. The contribution of a partner may be in cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services.
Sec. 28. 1. Except as provided in the certificate of limited partnership, a partner is obligated to the limited partnership to perform any promise to contribute cash or property or to perform services, even if he is unable to perform because of death, disability or any other reason. If a partner does not make the required contribution of property or services, he is obligated at the option of the limited partnership to contribute cash equal to that portion of the value, as stated in the certificate of limited partnership, of the stated contribution that has not been made.
2. Unless otherwise provided in the partnership agreement, the obligation of a partner to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all the partners. Notwithstanding the compromise, a creditor of a limited partnership who extends credit, or whose claim arises, after the filing of the certificate of limited partnership or an amendment thereto which, in either case, reflects the obligation, and before the amendment or cancellation thereof to reflect the compromise, may enforce the original obligation.
Sec. 29. The profits and losses of a limited partnership must be allocated among the partners, and among classes of partners, in the manner provided in the partnership agreement. If the partnership agreement does not so provide, profits and losses must be allocated on the basis of the value, as stated in the certificate of limited partnership, of the contributions made by each partner to the extent they have been received by the partnership and have not been returned.
Sec. 30. Distributions of cash or other assets of a limited partnership must be allocated among the partners, and among classes of partners, in the manner provided in the partnership agreement. If the partnership agreement does not so provide, distributions must be made on the basis of the value, as stated in the certificate of limited partnership, of the contributions made by each partner to the extent they have been received by the partnership and have not been returned.
κ1985 Statutes of Nevada, Page 1289 (CHAPTER 445, AB 246)κ
Sec. 31. Except as provided in sections 31 to 38, inclusive, of this act, a partner is entitled to receive distributions from a limited partnership before his withdrawal from the limited partnership and before the dissolution and winding up thereof:
1. To the extent and at the times or upon the happening of the events specified in the partnership agreement; and
2. If any distribution constitutes a return of any part of his contribution under subsection 3 of section 38 of this act, to the extent and at the times or upon the happening of the events specified in the certificate of limited partnership.
Sec. 32. A general partner may withdraw from a limited partnership at any time by giving written notice to the other partners, but if the withdrawal violates the partnership agreement, the limited partnership may recover from the withdrawing general partner damages for breach of the partnership agreement and offset the damages against the amount otherwise distributable to him.
Sec. 33. A limited partner may withdraw from a limited partnership at the time or upon the happening of events specified in the certificate of limited partnership and in accordance with the partnership agreement. If the certificate does not specify the time or the events upon the happening of which a limited partner may withdraw or a definite time for the dissolution and winding up of the limited partnership, a limited partner may withdraw upon not less than 6 months prior written notice to each general partner at his address on the books of the limited partnership at its office in this state.
Sec. 34. Except as provided in sections 31 to 38, inclusive, of this act, upon withdrawal any withdrawing partner is entitled to receive any distribution to which he is entitled under the partnership agreement and, if not otherwise provided in the agreement, he is entitled to receive, within a reasonable time after withdrawal, the fair value of his interest in the limited partnership as of the date of withdrawal based upon his right to share in distributions from the limited partnership.
Sec. 35. Except as provided in the certificate of limited partnership, a partner, regardless of the nature of his contributions, has no right to demand and receive any distribution from a limited partnership in any form other than cash. Except as provided in the partnership agreement, a partner may not be compelled to accept a distribution of any asset in kind from a limited partnership to the extent that the percentage of the asset distributed to him exceeds a percentage of that asset which is equal to the percentage in which he shares in distributions from the limited partnership.
Sec. 36. At the time a partner becomes entitled to receive a distribution, he has the status of, and is entitled to all remedies available to, a creditor of the limited partnership with respect to the distribution.
Sec. 37. A partner may not receive a distribution from a limited partnership to the extent that, after giving effect to the distribution, all liabilities of the limited partnership, other than liabilities to partners on account of their partnership interests, exceed the fair value of the partnership assets.
κ1985 Statutes of Nevada, Page 1290 (CHAPTER 445, AB 246)κ
account of their partnership interests, exceed the fair value of the partnership assets.
Sec. 38. 1. If a partner has received the return of any part of his contribution without violation of the partnership agreement or this chapter, he is liable to the limited partnership for a period of 1 year thereafter for the amount of the returned contribution, but only to the extent necessary to discharge the limited partnerships liabilities to creditors who extended credit to the limited partnership during the period the contribution was held by the partnership.
2. If a partner has received the return of any part of his contribution in violation of the partnership agreement or this chapter, he is liable to the limited partnership for a period of 6 years thereafter for the amount of the contribution wrongfully returned.
3. A partner receives a return of his contribution to the extent that a distribution to him reduces his share of the fair value of the net assets of the limited partnership below the value, as set forth in the certificate of limited partnership, of his contribution which has not been distributed to him.
Sec. 39. Except as provided in the partnership agreement, a partnership interest is assignable in whole or in part. An assignment of a partnership interest does not dissolve a limited partnership or entitle the assignee to become or to exercise any rights of a partner. An assignment entitles the assignee to receive, to the extent assigned, only the distribution to which the assignor would be entitled. Except as provided in the partnership agreement, a partner ceases to be a partner upon assignment of all his partnership interest.
Sec. 40. On application to a court of competent jurisdiction by any judgment creditor of a partner, the court may charge the partnership interest of the partner with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the partnership interest. This chapter does not deprive any partner of the benefit of any exemption laws applicable to his partnership interest.
Sec. 41. 1. An assignee of a partnership interest, including an assignee of a general partner, may become a limited partner if and to the extent that:
(a) The assignor gives the assignee that right in accordance with authority described in the certificate of limited partnership; or
(b) All other partners consent.
2. An assignee who has become a limited partner has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a limited partner under the partnership agreement and this chapter. An assignee who becomes a limited partner also is liable for the obligations of his assignor to make and return contributions as provided in sections 31 to 38, inclusive, of this act. However, the assignee is not obligated for liabilities unknown to the assignee at the time he became a limited partner and which could not be ascertained from the certificate of limited partnership.
κ1985 Statutes of Nevada, Page 1291 (CHAPTER 445, AB 246)κ
3. If an assignee of a partnership interest becomes a limited partner, the assignor is not released from his liability to the limited partnership under sections 14 and 28 of this act.
Sec. 42. If a partner who is a natural person dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the partners executor, administrator, guardian, conservator or other legal representative may exercise all of the partners rights for the purpose of settling his estate or administering his property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, trust or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.
Sec. 43. A limited partnership is dissolved and its affairs must be wound up upon the happening of the first to occur of the following:
1. At the time or upon the happening of events specified in the certificate of limited partnership;
2. Written consent of all partners;
3. An event of withdrawal of a general partner unless at the time there is at least one other general partner and the certificate of limited partnership permits the business of the limited partnership to be carried on by the remaining general partner and that partner does so, but the limited partnership is not dissolved and is not required to be wound up by reason of any event of withdrawal if, within 90 days after the withdrawal, all partners agree in writing to continue the business of the limited partnership and to the appointment of one or more additional general partners if necessary or desired; or
4. Entry of a decree of judicial dissolution under section 44 of this act.
Sec. 44. On application by or for a partner the district court may decree dissolution of a limited partnership whenever it is not reasonably practicable to carry on the business in conformity with the partnership agreement.
Sec. 45. Except as provided in the partnership agreement, the general partners who have not wrongfully dissolved a limited partnership or, if none, the limited partners, may wind up the limited partnerships affairs; but the district court may wind up the limited partnerships affairs upon application of any partner, his legal representative or assignee.
Sec. 46. Upon the winding up of a limited partnership, the assets must be distributed as follows:
1. To creditors, including partners who are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distributions to partners under section 31 or 34 of this act;
2. Except as provided in the partnership agreement, to partners and former partners in satisfaction of liabilities for distributions under section 31 or 34 of this act; and
κ1985 Statutes of Nevada, Page 1292 (CHAPTER 445, AB 246)κ
3. Except as provided in the partnership agreement, to partners, first, for the return of their contributions and second, respecting their partnership interests, in the proportions in which the partners share in distributions.
Sec. 47. Subject to the constitution of this state:
1. The laws of the state under which a foreign limited partnership is organized govern its organization and internal affairs and the liability of its limited partners; and
2. A foreign limited partnership may not be denied registration by reason of any difference between those laws and the laws of this state.
Sec. 48. Before transacting business in this state, a foreign limited partnership shall register with the secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and setting forth:
1. The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this state;
2. The state and date of its formation;
3. The general character of the business it proposes to transact in this state;
4. The name and address of any agent for service of process on the foreign limited partnership whom the foreign limited partnership elects to appoint; the agent must be a natural person who is a resident of this state, a domestic corporation or a foreign corporation having a place of business in, and authorized to do business in this state;
5. A statement that the secretary of state is appointed the agent of the foreign limited partnership for service of process if no agent has been appointed pursuant to subsection 4 or, if appointed, the agents authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence;
6. The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership; and
7. If the certificate of limited partnership filed in the foreign limited partnerships state of organization is not required to include the names and business addresses of the partners, a list of the names and addresses.
Sec. 49. 1. If the secretary of state finds that an application for registration conforms to law and all requisite fees have been paid, he shall:
(a) Endorse on the application the word Filed, and the month, day and year of the filing thereof;
(b) File in his office a duplicate original of the application; and
(c) Issue a certificate of registration to transact business in this state.
2. The certificate of registration, together with a duplicate original of the application, must be returned to the person who filed the application or his representative.
κ1985 Statutes of Nevada, Page 1293 (CHAPTER 445, AB 246)κ
Sec. 50. A foreign limited partnership may register with the secretary of state under any name, whether or not it is the name under which it is registered in its state of organization, that includes without abbreviation the words limited partnership and that could be registered by a domestic limited partnership.
Sec. 51. If any statement in the application for registration of a foreign limited partnership was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the foreign limited partnership shall promptly file in the office of the secretary of state a certificate, signed and sworn to by a general partner, correcting such statement.
Sec. 52. A foreign limited partnership may cancel its registration by filing with the secretary of state a certificate of cancellation signed and sworn to by a general partner. A cancellation does not terminate the authority of the secretary of state to accept service of process on the foreign limited partnership with respect to causes of action arising out of the transactions of business in this state.
Sec. 53. 1. A foreign limited partnership transacting business in this state may not maintain any action, suit or proceeding in any court of this state until it has registered in this state.
2. The failure of a foreign limited partnership to register in this state does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit or proceeding in any court of this state.
3. A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this state without registration.
4. A foreign limited partnership, by transacting business in this state without registration, appoints the secretary of state as its agent for service of process with respect to causes of action arising out of the transaction of business in this state.
Sec. 54. The attorney general may bring an action to restrain a foreign limited partnership from transacting business in this state in violation of sections 47 to 54, inclusive, of this act.
Sec. 55. A limited partner may bring an action in the right of a limited partnership to recover a judgment in its favor if general partners with authority to do so have refused to bring the action or if an effort to cause those general partners to bring the action is not likely to succeed.
Sec. 56. In a derivative action, the plaintiff must be a partner at the time of bringing the action and:
1. At the time of the transaction of which he complains; or
2. His status as a partner had devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction.
Sec. 57. In a derivative action, the complaint must set forth with particularity the effort of the plaintiff to secure initiation of the action by a general partner or the reasons for not making the effort.
κ1985 Statutes of Nevada, Page 1294 (CHAPTER 445, AB 246)κ
Sec. 58. If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorneys fees, and shall direct him to remit to the limited partnership the remainder of those proceeds received by him.
Sec. 59. The legislature intends that this chapter be so applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Sec. 60. In any case not provided for in this chapter, the provisions of chapter 87 of NRS govern.
Sec. 61. The secretary of state may microfilm any document which is filed in his office by or relating to a limited partnership pursuant to this chapter and may return the original document to the filer.
Sec. 62. 1. Each limited partnership organized under the laws of this state shall, on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs in each year, file with the secretary of state a list of its general partners and a designation of its agent in this state for service of process, certified by a general partner of the limited partnership. The list must, after the name of each general partner listed thereon, set forth his post office box or street address.
2. If addresses are not thus stated for all listed partners on any list offered for filing, the secretary of state may refuse to file it, and the limited partnership for which the list has been offered for filing is subject to all the provisions relating to failure to file such a list within or at the times specified, unless such a list is subsequently submitted for filing conformably to the provisions of section 63 of this act.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited partnership required to comply with the provisions of this section which has not become delinquent the blank forms to be completed and filed with the secretary of state. Failure of any limited partnership to receive the forms does not excuse it from the penalty imposed by section 63 of this act.
Sec. 63. 1. When the annual fee for filing the list has been paid, the canceled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
2. Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.
3. For default there must be added to the amount of the fee a penalty of $10, and unless the filings are made and the fee and penalty are paid on or before the 1st day of the 9th month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits:
κ1985 Statutes of Nevada, Page 1295 (CHAPTER 445, AB 246)κ
which filing was required, the defaulting limited partnership, by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
Sec. 64. 1. On or before the 15th day of the 3rd month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting limited partnerships, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. Immediately after the 1st day of the 9th month following the month in which filing was required, the secretary of state shall compile a complete list containing the names of all limited partnerships whose right to do business has been forfeited. The secretary of state shall notify each limited partnership of the forfeiture of its certificate.
3. In case of forfeiture of the certificate and of the right to transact business thereunder, all the property and assets of the defaulting domestic limited partnership are held in trust by the general partners, and the same proceedings may be had with respect thereto as for the judicial dissolution of a limited partnership. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the limited partnership the proceedings must at once be dismissed and all property restored to the general partners.
Sec. 65. 1. Subject to the provisions of subsection 3, the secretary of state may:
(a) Reinstate any limited partnership which has forfeited its right to transact business; and
(b) Restore to the limited partnership its right to carry on business in this state, and to exercise its privileges and immunities,
upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its certificate, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation, and also all filing fees, licenses and penalties which have accrued since the revocation.
2. When payment is made and the secretary of state reinstates the limited partnership to its former rights he shall:
(a) Immediately issue and deliver to the limited partnership a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand, issue to the limited partnership one or more certified copies of the certificate of reinstatement.
3. The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation occurred only by reason of failure to pay the fees, penalties and costs.
Sec. 66. The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the following fees:
1. For filing a certificate of limited partnership, $75.
2. For filing a certificate of amendment of limited partnership, $50.
3. For filing a reinstated certificate of limited partnership, $75.
κ1985 Statutes of Nevada, Page 1296 (CHAPTER 445, AB 246)κ
4. For filing the annual list of general partners and designation of resident agent, $30.
5. For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, $5.
6. For certifying an authorized printed copy of the limited partnership law, $5.
7. For certifying the reservation of a limited partnership name, $5.
8. For executing any other certificate, $10.
9. For comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 100 words of each document or paper compared.
10. For copies made at the office of the secretary of state from microfiche, $1 per page.
Sec. 67. NRS 88.300 is hereby amended to read as follows:
88.300 1. A limited partnership formed under any statute of this state prior to July 1, 1931, may become a limited partnership under this chapter by complying with the provisions of [NRS 88.030; provided] this chapter if the certificate sets forth:
(a) The amount of the original contribution of each limited partner, and the time when the contribution was made; and
(b) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners.
2. A limited partnership formed under any statute of this state prior to July 1, 1931, until or unless it becomes a limited partnership under this chapter, shall continue to be governed by the provisions of chapter 60, Laws of Nevada Territory 1862, entitled An Act to authorize the formation of Limited Partnerships, approved December 19, 1862, except that such a partnership [shall] must not be renewed unless so provided in the original agreement.
Sec. 68. NRS 463.4865 is hereby amended to read as follows:
463.4865 Limited partnership interest means the right of a general or limited partner to receive from a limited partnership:
1. A share of the profits;
2. Any other compensation by way of income; or
3. A return of any or all of his contribution to capital of the limited partnership [; or
4. The] ,
or the right to exercise any of the rights or powers [enumerated in NRS 88.100 and 88.110,] provided in chapter 88 of NRS, whether directly or indirectly.
Sec. 69. NRS 520.260 is hereby amended to read as follows:
520.260 Nothing contained in NRS 520.160 to 520.250, inclusive, [shall prevent] prevents persons described in NRS 520.160 from forming a partnership under either [the Uniform Partnership Act (chapter 87 of NRS) or the Uniform Limited Partnership Act (chapter 88 of NRS).]
κ1985 Statutes of Nevada, Page 1297 (CHAPTER 445, AB 246)κ
forming a partnership under either [the Uniform Partnership Act (chapter 87 of NRS) or the Uniform Limited Partnership Act (chapter 88 of NRS).] chapter 87 or chapter 88 of NRS.
Sec. 70. NRS 88.020 to 88.290, inclusive, are hereby repealed.
Sec. 71. 1. All county recorders shall submit by September 1, 1986, to the secretary of state a complete list of all foreign and domestic limited partnerships on file, containing:
(a) The name; and
(b) The address of principal place of business,
and a similar list on October 1, November 1, December 1 and January 1 for the preceding month.
2. The secretary of state shall reserve the names of all limited partnerships on the recorders lists until July 1, 1987, when the reservation expires unless an application is filed under section 4, or a certificate is filed under section 8, of this act.
3. On or before January 31, 1987, the secretary of state shall mail a notice to all limited partnerships on the recorders lists at their principal places of business that each must comply with the provisions of this act by July 1, 1987. Except as provided in subsection 4, failure so to comply bars such a limited partnership from maintaining any action, suit or proceeding in any court of this state until it has complied.
4. Any limited partnership which has, before January 1, 1987, recorded a certificate in a county of this state, but to which a notice is not timely mailed pursuant to subsection 3, shall be deemed to be in compliance with the provisions of this act for 60 days after it receives actual notice of the requirements for compliance with the provisions of this act.
5. The secretary of state and all county recorders are not civilly liable for any act or omission in carrying out any duty imposed by this section.
Sec. 72. 1. This section and section 71 of this act become effective on July 1, 1985, to require the secretary of state to prepare for his duties under the act and the respective county recorders to perform their duties under section 71.
2. Except as provided in subsection 3, sections 1 to 70, inclusive, of this act become effective on January 1, 1987.
3. Sections 1 to 70, inclusive, of this act become effective on July 1, 1987, with respect to each limited partnership whose name appears on one of the lists submitted pursuant to section 71.
________
κ1985 Statutes of Nevada, Page 1298κ
Assembly Bill No. 499Committee on Judiciary
CHAPTER 446
AN ACT relating to support of children; creating a statutory duration for the obligation; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.510 is hereby amended to read as follows:
125.510 1. In determining custody of a minor child in an action brought under this chapter, the court may:
(a) During the pendency of the action, [or] at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.
The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the courts own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.
4. All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS.
5. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered [under] pursuant to this section ceases [upon] :
(a) Upon the death of the person to whom the order was directed [.] ; or
(b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.
________
κ1985 Statutes of Nevada, Page 1299κ
Senate Bill No. 452Committee on Judiciary
CHAPTER 447
AN ACT relating to gambling; authorizing a requirement for certain casinos to report all transactions involving cash; providing a penalty; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission may, for the purpose of obtaining an exemption from the requirements of the Department of Treasury on reporting and keeping of records by casinos, require nonrestricted licensees with an annual gross revenue of $1,000,000 or more to report and keep records of all transactions involving cash.
Sec. 2. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall make appropriate investigations:
(a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.
(e) As directed by the commission.
2. If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
κ1985 Statutes of Nevada, Page 1300 (CHAPTER 447, SB 452)κ
4. After the provisions of subsections 1, 2 and 3 have been complied with, the commission may:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS [,] :
(1) Not less than $10,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to section 1 of this act which is the subject of an initial or subsequent complaint; or
(2) Except as otherwise provided in subparagraph 1 of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter, chapter 464, or chapter 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.
All fines must be paid to the state treasurer for deposit in the state general fund.
5. For the second violation of any [provisions] provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.
6. If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.
7. Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315 to 463.318, inclusive.
Sec. 3. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to [such] the violator, or be issued to any person for the room or premises in which [such] the violation occurred, for 1 year after the date of [such] the revocation.
κ1985 Statutes of Nevada, Page 1301 (CHAPTER 447, SB 452)κ
person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to [such] the violator, or be issued to any person for the room or premises in which [such] the violation occurred, for 1 year after the date of [such] the revocation.
2. Any person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Except as provided in subsection 4, any person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, by a fine of not more than $50,000, or by both fine and imprisonment.
4. A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.270 and 463.310 and in any applicable ordinance of the county, city or town.
5. Any person who willfully violates any provision of a regulation adopted pursuant to section 1 of this act shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
6. The violation of any of the provisions of this chapter, the penalty for which is not specifically fixed in this chapter, is a gross misdemeanor.
________
Senate Bill No. 354Committee on Natural Resources
CHAPTER 448
AN ACT relating to geothermal resources; clarifying the powers and duties of the state engineer and the director of the department of minerals; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, all [such] water may be appropriated for beneficial use as provided in this chapter and not otherwise.
κ1985 Statutes of Nevada, Page 1302 (CHAPTER 448, SB 354)κ
appropriated for beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.
[3. The use of ground water for its energy, including heat and pressure, is a beneficial use of the groundwater, whether it is accomplished through an actual diversion, for which a water right must be obtained, or a process which is not diversionary but extracts heat, for which a water right may be obtained to protect utilization of the energy produced by groundwater.]
Sec. 2. NRS 534.010 is hereby amended to read as follows:
534.010 1. As used in this chapter.
(a) Aquifer means a geological formation or structure that transmits water.
(b) Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
(c) Domestic use extends to culinary and household purposes, in a single-family dwelling, the watering of a family garden, lawn, and the watering of domestic animals. [The term also includes the use of geothermal resources for domestic heating purposes.]
(d) Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
(e) Person includes any municipal corporation, power district, political subdivision of this or any state, or an agency of the United States Government.
(f) Waste [is defined as] means causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
(g) Well driller means any person who drills a well or wells, for compensation or otherwise.
(h) Well drilling or drilling a well are synonymous, and mean drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.
2. As used in this chapter, the terms underground water and ground water are synonymous.
Sec. 3. NRS 534.180 is hereby amended to read as follows:
534.180 1. Except as provided in subsection 2 and as to the furnishing of any information required by the state engineer, this chapter does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed a daily maximum of 1,800 gallons.
κ1985 Statutes of Nevada, Page 1303 (CHAPTER 448, SB 354)κ
2. The state engineer may designate any ground water basin or portion thereof as a basin in which the registration of a well is required if the well is drilled for the development and use of underground water for domestic purposes. A driller who drills such a well shall register the information required by the state engineer within 10 days after the completion of the well. The state engineer shall make available forms for the registration of such wells and shall maintain a register of those wells.
3. The state engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:
(a) A political subdivision of this state; or
(b) A public utility whose rates and service are regulated by the public service commission of Nevada,
but only if the charge for making the connection to the service is less than $200.
[4. Geothermal wells are not subject to the provisions of this chapter or the regulations of the state engineer, except as provided in chapter 534A of NRS.]
Sec. 4. NRS 534A.031 is hereby amended to read as follows:
534A.031 Exploration and subsurface information obtained as a result of a geothermal project [shall] must be filed with the [state engineer] department of minerals within 30 days after it is accumulated. The information is confidential for a period of 5 years [from] after the date of filing and [shall] may not be disclosed during that time without the express written consent of the operator of the project [.] , except that it must be made available by the department to the state engineer or any other agency of the state upon request. The state engineer or other agency shall keep the information confidential.
Sec. 5. NRS 534A.040 is hereby amended to read as follows:
534A.040 Any consumptive use of water brought to the surface outside of a geothermal well is subject to the appropriation procedures of chapters 533 and 534 of NRS [.] , except for:
1. Any water removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources if the water is returned to or reinjected in the same aquifer or reservoir; or
2. The reasonable loss of water during a test of a geothermal well or because of the temporary failure of a system for reinjection.
Sec. 6. NRS 534A.060 is hereby amended to read as follows:
534A.060 1. No person may drill or operate a geothermal well or drill an exploratory well without first obtaining a permit from the executive director of the department of minerals and complying with the conditions of the permit.
2. An application must contain such information as the executive director requires by regulation.
κ1985 Statutes of Nevada, Page 1304 (CHAPTER 448, SB 354)κ
Sec. 7. NRS 534A.070 is hereby amended to read as follows:
534A.070 1. [Upon approval by the state engineer,] The executive director of the department of minerals shall approve or reject an application for a permit to drill an exploratory well within 10 days after he receives the application in proper form. Such a permit must not be effective for more than 2 years, but may be extended by the executive director.
2. Upon receipt of an application for a permit to drill or operate a geothermal well, the executive director shall transmit copies of the application to the state engineer, the administrator of the division of environmental protection of the state department of conservation and natural resources and the director of the department of wildlife. After consultation with the state engineer, the administrator and the director, respectively, the executive director [of the department of minerals] may issue a permit to drill or operate a geothermal well if [he determines] it is determined that issuance of a permit is consistent with:
(a) The policies specified in NRS 445.132 and 445.401;
(b) The purposes of chapters 533 and 534 of NRS; and
(c) [The limitations established pursuant to NRS 445.247.
2.] The purposes specified in chapter 501 of NRS.
3. The executive director shall approve or reject the application to drill or operate a geothermal well within 60 days after he receives it in proper form, unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4. Notice of the conflict or need for a public hearing must be provided to the applicant within the 60-day period.
4. The state engineer and the executive director of the department of minerals may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to guard properly the public interest.
5. A permit issued pursuant to this section must include any conditions:
(a) Deemed necessary by the executive director to carry out the purposes of this section; and
(b) Imposed by the state engineer [.] consistent with chapters 533 and 534 of NRS.
Sec. 8. NRS 534A.080 is hereby amended to read as follows:
534A.080 1. The commission on mineral resources shall impose and collect a fee [from persons who have been granted permits to drill or operate geothermal wells.] for examining and filing an application for a permit to drill or operate a geothermal well or to drill an exploratory well. The fee must be deposited in the fund for regulation of geothermal wells, which is hereby created in the state treasury as a special revenue fund.
2. The fee may be based in part on the number of acres of land being used by the person who holds the permit.
3. The commission and the department of minerals may use the money in the fund to administer the provisions of this chapter.
κ1985 Statutes of Nevada, Page 1305 (CHAPTER 448, SB 354)κ
Sec. 9. NRS 362.100 is hereby amended to read as follows:
362.100 1. The department shall:
(a) Investigate and determine the net proceeds of all operating mines and assess them as provided in NRS 362.100 to 362.240, inclusive.
(b) Appraise and assess all reduction, smelting and milling works, plants and facilities, whether or not associated with a mine, and all supplies, machinery, equipment, apparatus, facilities, buildings, structures and other improvements used in connection with any mining, reduction, smelting or milling operation as provided in chapter 361 of NRS.
2. As used in this section, net proceeds of all operating mines includes the proceeds of all:
(a) Operating mines;
(b) Operating oil and gas wells;
(c) Operations extracting geothermal [steam] resources for profit [;] , except an operation which uses natural hot water to enhance the growth of animal or plant life; and
(d) Operations extracting minerals from natural solutions.
Sec. 10. NRS 534A.020 is hereby repealed.
Sec. 11. This act becomes effective upon passage and approval.
________
Senate Bill No. 256Committee on Finance
CHAPTER 449
AN ACT relating to higher education; creating a committee to study methods of funding; providing for its organization, powers and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The committee to study the funding of higher education, consisting of nine voting members and five nonvoting members, is hereby created.
2. The following persons shall serve as voting members of the committee:
(a) Three members of the senate of the 63rd session of the Nevada legislature, appointed by the majority leader of the senate;
(b) Three members of the assembly of the 63rd session of the Nevada legislature, appointed by the speaker of the assembly; and
(c) Three members of the board of regents, appointed by the chairman of that board.
3. The governor shall appoint the following persons to serve as the nonvoting members of the committee:
(a) One person who represents the governor;
κ1985 Statutes of Nevada, Page 1306 (CHAPTER 449, SB 256)κ
(b) One person who is employed in the budget division of the department of administration; and
(c) Three persons who are employed by the University of Nevada System.
4. The chairman of the legislative commission shall designate one of the members as chairman of the committee.
5. The director of the legislative counsel bureau shall provide the necessary professional staff and a secretary for the committee.
6. The voting members of the committee who are legislators are entitled to receive a salary for each day or portion of a day of attendance at a meeting of the committee in an amount equal to the salary established for the members of the legislative commission and the travel expenses and per diem allowance provided by law for members of the standing committees of the legislature. The three members of the board of regents are entitled to receive travel expenses and a per diem allowance at the rates established in NRS 396.070.
Sec. 2. The committee shall:
1. Compare the existing method of funding higher education in Nevada with the methods used in other states; and
2. Determine whether the other methods would be appropriate and useful in Nevada.
Sec. 3. The committee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in higher education an opportunity to present relevant information and recommendations.
Sec. 4. The committee may employ such education and financial consultants as it deems necessary for this study.
Sec. 5. The committee may accept and use all gifts and grants which it receives to further its work.
Sec. 6. 1. There is hereby appropriated from the state general fund to the legislative commission the sum of $55,000 for the purpose of conducting a study of the funding of higher education as provided in this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 1986, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 7. The committee shall submit to the legislative commission a report of its findings and recommendations for legislation before the commencement of the 64th session of the legislature.
Sec. 8. This act expires by limitation on January 1, 1987.
________
κ1985 Statutes of Nevada, Page 1307κ
Senate Bill No. 83Senators Mello and Townsend
CHAPTER 450
AN ACT relating to the City of Sparks; amending the charter of the City of Sparks; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.540 is hereby amended to read as follows:
268.540 1. [The] Unless prohibited by its charter the city may provide that proceeds from the sale of bonds and special funds from the revenues of the project [shall] be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as [may be] provided in the proceedings under which the bonds are authorized to be issued, including but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by commercial banks, including banks domiciled outside of the United States of America.
2. The city may also provide that such proceeds or funds or investments and the payments payable under the lease, the agreement of sale or the financing agreement [shall] be received, held and disbursed by one or more banks or trust companies located within or out of this state.
Sec. 2. Chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto new sections to be designated as sections 1.015, 1.125, 2.125 and 9.065 respectively, to read as follows:
κ1985 Statutes of Nevada, Page 1308 (CHAPTER 450, SB 83)κ
Sec. 1.015 Definitions: Gender, number, tense.
1. Except as otherwise expressly provided in a particular section of this charter or required by the context:
(a) The masculine gender includes the feminine and neuter genders.
(b) The singular number includes the plural number, and the plural includes the singular.
(c) The present tense includes the future tense.
2. The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty. The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty.
Sec. 1.125 Employees as volunteers: Attendance at meetings during working hours. The city manager may authorize any employee who volunteers to serve on any board or commission of the city to attend meetings of the board or commission during his normal working hours.
Sec. 2.125 Contracts: Approval by city council and mayor, attestation by city clerk. The city council shall designate, by ordinance the contracts which require the approval of the council. Every contract entered into after July 1, 1985, on behalf of the city by the city council must be signed by the mayor and attested by and filed with the city clerk. Any contract which does not comply with these requirements is void.
Sec. 9.065 Vacancies; promotional examinations.
1. Vacancies in positions must, if consistent with the best interests of the city, be filled by employees holding positions in lower classes. Lists of employees eligible for promotion must be established for this purpose.
2. Examinations may be held for applicants to be appointed to the civil service and for applicants who are not eligible for promotion, if open competition, in the judgment of the civil service commission, produces a list of applicants who are more highly skilled and qualified and is in the best interests of the city. Examinations may also be both open and for employees who are eligible for promotion.
3. The civil service commission may restrict examinations for promotion to employees of a single department or several specified departments or all employees.
4. Examinations for promotion in the fire and police departments must be restricted to employees of those departments, unless fewer than three employees are qualified for promotion.
Sec. 3. Section 1.060 of chapter 470, Statutes of Nevada 1975, as last amended by chapter 412, Statutes of Nevada 1983, at page 1028, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1309 (CHAPTER 450, SB 83)κ
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Five [councilmen.] members of the council.
(c) A city clerk.
(d) A city attorney.
(e) Municipal judges, the number to be determined pursuant to section 4.010.
2. All elective officers of the city, except the city attorney, must be:
(a) Bona fide residents of the city for at least 30 days [prior to] immediately preceding the last day for filing a declaration of candidacy for such office.
(b) Residents of the city during their term of office [.] , and, in the case of a member of the council, a resident of the ward the member represents.
(c) [Qualified electors] Registered voters within the city.
3. No person may be elected or appointed [to the office of councilman] as a member of the council who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days [prior to] immediately preceding the last day for filing a declaration of candidacy for such office, or, in the case of appointment, 30 days [prior to] immediately preceding the day the office became vacant.
4. The city attorney must be a [qualified elector of] registered voter in the State of Nevada and a licensed member of the State Bar of Nevada.
5. Each elective officer [shall] is entitled to receive a salary in an amount fixed by the city council. At any time before January 1 of the year in which a general municipal election is held, the city council shall enact an ordinance fixing the initial salary for each elective office for the [4-year] term beginning on the 1st Monday [in July] following that election. This ordinance may not be amended to increase or decrease the salary for any office during the term. If the city council fails to enact such an ordinance [prior to] before January 1 of the election year, the succeeding elective officers must receive the same salaries as their respective predecessors.
Sec. 4. Section 1.080 of chapter 470, Statutes of Nevada 1975, as amended by chapter 457, Statutes of Nevada 1979, at page 851, is hereby amended to read as follows:
Sec. 1.080 Appointive [offices and officers.] positions.
1. The mayor of the city must appoint a city manager, subject to confirmation by the city council.
2. The city council may establish [by ordinance] such other appointive [offices] positions as it [may deem] considers necessary for the operation of the city [.
κ1985 Statutes of Nevada, Page 1310 (CHAPTER 450, SB 83)κ
appointive [offices] positions as it [may deem] considers necessary for the operation of the city [.
3.] by designating the position by ordinance. A copy of the description of duties must be filed in the personnel office.
3. Appointive positions are limited to:
(a) The head of each department and division;
(b) Positions within the office of the city manager who report directly to him and possess peculiar and exceptional qualifications of a scientific or professional nature;
(c) Other positions appointed by the city manager which require special qualifications considered necessary by him, but the total number of such positions must not exceed 3 percent of the total permanent employees of the city; and
(d) In the fire and police departments, the chief and one technical assistant, who may not supervise any other employees.
Appointment [of those officers] to these positions must be made by the city manager, subject to ratification of the city council.
Sec. 5. Section 1.090 of chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 713, is hereby amended to read as follows:
Sec. 1.090 Appointive [officers:] positions: Miscellaneous provisions.
1. [All appointive officers] Employees holding appointive positions shall perform such duties as may be directed by the city manager and such other duties as may be designated by ordinance.
2. The city council may require from all [officers and] employees of the city [constituted or] appointed under this charter, sufficient security for the [faithful and] honest performance of their respective duties . [, and the] The cost of [such bond shall] the bond must be paid by the city.
3. A person appointed by the city manager to any [office] position may be removed from [office for cause] that position by the city manager. The officer so removed has the right of appeal to the mayor and city council and may demand [written charges to be made and] a hearing [held] before the city council. [Any such demand shall] The demand must be made within 10 days after the removal. The decision and action of the city council upon [such] the hearing is final.
Sec. 6. Section 1.100 of chapter 470, Statutes of Nevada 1975, at page 726, is hereby amended to read as follows:
Sec. 1.100 Mayor and councilmen not to hold other office.
1. The mayor and [councilmen shall] a member of the council may not:
(a) Hold any other elective office with the State of Nevada, Washoe County, the City of Sparks or any other city, except as provided by law . [or as a member of a board or commission for which no compensation is received.]
(b) Be [elected or] appointed to any [office] position created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
κ1985 Statutes of Nevada, Page 1311 (CHAPTER 450, SB 83)κ
or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 [shall automatically forfeit] automatically forfeits his office as mayor or [councilman.] member of the council.
Sec. 7. Section 1.110 of chapter 470, Statutes of Nevada 1975, at page 726, is hereby amended to read as follows:
Sec. 1.110 Oath of office. Every person elected or appointed under the provisions of sections 1.060 to [1.080,] 1.090, inclusive, shall subscribe to the official oath as provided by the city council. [Every such] Each person shall swear [and] or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
Sec. 8. Section 1.140 of chapter 470, Statutes of Nevada 1975, at page 728, is hereby amended to read as follows:
Sec. 1.140 Charter committee: Appointment; terms; qualifications [.] ; compensation.
1. The charter committee [shall consist of 11 members,] must be appointed as follows:
(a) One by each [councilman.] member of the council.
(b) [Two] One by the mayor.
(c) One by each member of the senate and assembly delegation representing the residents of the city.
2. Each member shall:
(a) Serve during the term of [his appointer;] the person by whom he was appointed;
(b) Be a registered voter of the city; and
(c) Reside in the city during his term of office.
3. Members of the committee are entitled to receive compensation, in an amount set by ordinance of the city council, for each full meeting of the charter committee they attend.
Sec. 9. Section 1.150 of chapter 470, Statutes of Nevada 1975, at page 728, is hereby amended to read as follows:
Sec. 1.150 Charter committee : Meetings; duties. The charter committee shall:
1. Meet at least once every 2 years immediately before the beginning of each regular session of the legislature and when requested by the city council or the chairman of the committee.
2. Prepare recommendations to be presented to the legislature on behalf of the city concerning all necessary amendments to the city charter.
[2.] 3. Recommend to the city council the [amount of] salary to be paid [to the mayor and to the councilmen] all elective officers for the ensuing term.
[3.] 4. Perform all functions and do all things necessary to accomplish the purposes for which it is established, including but not limited to holding meetings and public hearings, and obtaining assistance from city [officials.]
κ1985 Statutes of Nevada, Page 1312 (CHAPTER 450, SB 83)κ
not limited to holding meetings and public hearings, and obtaining assistance from city [officials.] officers.
Sec. 10. Section 1.160 of chapter 470, Statutes of Nevada 1975, at page 728, is hereby amended to read as follows:
Sec. 1.160 Charter committee members: Removal; grounds.
1. Any member who misses three successive regular meetings or who ceases to meet any qualification for appointment to the committee may be removed by a majority vote of the remaining members of the committee.
2. [Any member of the committee may be removed for any cause by an eight-eleventh vote of the committee.
3.] In case of removal, a replacement [shall] must be appointed by the officer who appointed the removed member.
Sec. 11 Section 1.170 of chapter 470, Statutes of Nevada 1975, at page 728, is hereby amended to read as follows:
Sec. 1.170 Salaries for [mayor and councilmen. For the term of 4 years beginning on the 1st Monday in July, 1975, the following salaries shall be paid:
1. To the mayor, per year................................................................ $12,000
2. To each councilman, per year.................................................... 6,000]
attorney, clerk and judge. For the term ending in June 1987, the following salaries must be paid:
1. To the city attorney, per year................................................... $44,000
2. To the city clerk, per year......................................................... 39,000
3. To the municipal judge, per year............................................. 39,000
Sec. 12. Section 2.020 of chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 715, is hereby amended to read as follows:
Sec. 2.020 City council: Discipline of members, other persons; subpena power.
1. The city council may:
(a) Provide [for the punishment of any member for disorderly conduct committed in its presence.] , by resolution or ordinance, for the discipline of any elected or appointed officer of the city for unethical conduct.
(b) Subpena any witness to appear and testify and subpena any evidence in the possession of any person relating to any business before the city council.
2. Any subpena issued by the city council [shall] must be signed by the city clerk [,] and served in the same manner as a subpena issued by the district court, and [shall] must contain a notice that failure to obey the subpena may subject the person subpenaed to prosecution for a misdemeanor or may result in his being in contempt of the district court.
3. If any person subpenaed to appear before the city council fails to obey such subpena:
(a) He may be prosecuted in the municipal court for a misdemeanor.
κ1985 Statutes of Nevada, Page 1313 (CHAPTER 450, SB 83)κ
(b) The city council may apply to the district court and the district court may issue an order requiring the person to comply with the subpena. If the person does not comply with the order of the district court, the court may, upon application by the city council, order the person to show cause why he should not be held in contempt of the court. After a hearing upon the matter, the court may adjudge the person guilty of contempt and punish him accordingly.
Sec. 13. Section 2.030 of chapter 470, Statutes of Nevada 1975, as last amended by chapter 457, Statutes of Nevada 1979, at page 853, is hereby amended to read as follows:
Sec. 2.030 Meetings: Regular; special; quorum.
1. The city council shall hold regular meetings [on the second and fourth Mondays of each month at a time and place convenient to the council and the public. If a second or fourth Monday of a month falls on a national holiday, or other holiday designated as such by the governor, the council may, at the meeting which immediately precedes the regular meeting, provide for another regular meeting time on a day as soon after the regular meeting day as is practicable.] at least twice each month at times it designates by ordinance. When a regular meeting falls on a holiday, the council must hold the meeting on the next business day.
2. Special meetings may be held on a call of the mayor or by a majority of the council. Reasonable effort must be made to give notice of a special meeting to each member of the council, the mayor, city clerk, city attorney, city manager and to any other person who has submitted a request for notice to the city clerk. Notice is not required if the mayor has declared an emergency.
3. At a special meeting, unless the entire city council otherwise consents:
(a) Or unless notice of the meeting is published in a newspaper of general circulation in the city at least 1 day before the meeting, a contract or claim involving the expenditure of money may not be approved;
(b) Only emergency ordinances may be passed; and
(c) Only that business which was stated in the call of the meeting may be discussed.
[3.] 4. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess [from time to time,] and compel the attendance of the absent members.
[4.] 5. No meeting of the city council may be held for the purpose of conducting or discussing city business except as provided in this section.
Sec. 14. Section 2.040 of chapter 470, Statutes of Nevada 1975, at page 729, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1314 (CHAPTER 450, SB 83)κ
Sec. 2.040 [Rules.] Proceedings; participation of citizens.
1. The city council may adopt rules for the [government of its members and] conduct of its proceedings.
2. Any person, personally or through counsel, may present grievances or offer suggestions for the improvement of municipal affairs at any regular meeting of the council.
Sec. 15. Section 2.080 of chapter 470, Statutes of Nevada 1975, as last amended by chapter 160, Statutes of Nevada 1983, at page 373, is hereby amended to read as follows:
Sec. 2.080 Ordinances: Enactment procedure; emergency ordinances.
1. When first proposed, all bills must be read to the city council by title , [and referred to a committee for consideration,] after which an adequate number of copies of the proposed bill must be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified [pursuant to the provisions of chapter 238 of NRS, as amended from time to time,] to publish legal notices, and published at least 10 days before the adoption of the ordinance.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of a bill [and its reference to committee, the committee shall report the bill back to the city council. Thereafter, it] , the title of the bill must be read as first introduced . [, or as amended, and thereupon] Thereupon the bill must be finally voted upon or action thereon postponed. The proposed ordinance and any amendments thereto must be read in full when it is adopted only if so requested by a member of the council.
3. In cases of emergency or where the bill is of a kind specified in section 7.030, by not less than four-fifths of all the members of the city council , [(] excluding from any such computation any vacancy on the council [)] , final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed bill with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the [councilmen] members of the council voting for or against passage, in a newspaper qualified [pursuant to the provisions of chapter 238 of NRS, as amended from time to time,] to publish legal notices, and published for at least one publication, before the ordinance becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances together with the affidavits of publication by the publisher.
Sec. 16. Section 3.010 of chapter 470, Statutes of Nevada 1975, at page 732, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1315 (CHAPTER 450, SB 83)κ
Sec. 3.010 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
(a) Preside over the meetings of the city council and he may vote only in case of a tie. The mayor may not vote on any proposed ordinance.
(b) [Be recognized] Act as the head of the [city] government of the city for all purposes.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.
2. The mayor may [exercise the right of veto upon] veto all matters passed by the city council [provided he give] if he gives notice in writing to the city clerk within 10 days of the action taken by the city council. [Such vetoes] A veto may be overturned only by a vote of at least four-fifths of the city council. An action requiring the expenditure of money is not effective without the approval of the mayor, unless he does not disapprove [such] the action within 10 days after it is taken by the city council, or the city council by a four-fifths majority [has approved or] approves such expenditure at a regular meeting.
3. The city council shall elect one of its members to be mayor pro tempore. [Such person] He shall:
(a) Hold [such] the office and title during the term for which he was elected without additional compensation, except as provided in paragraph (c).
(b) Perform the duties of mayor during the temporary absence or disability of the mayor [.] without loss of his rights and powers as a member of the council.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant and [shall] draw the salary of mayor. His salary and position as [councilman shall] a member of the council cease.
Sec. 17. Section 3.020 of chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 717, is hereby amended to read as follows:
Sec. 3.020 City manager: Duties [.] ; residence.
1. The city manager [shall be] is responsible to the council for the efficient administration of all the affairs of the city. He shall:
[1.] (a) Exercise a careful supervision of the citys general affairs.
[2. See that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and may sue in the proper court to enforce them.]
(b) Enforce all laws and all acts of the council which are subject to enforcement by him or by persons under his supervision.
κ1985 Statutes of Nevada, Page 1316 (CHAPTER 450, SB 83)κ
[3.] (c) Exercise control over all departments of the city government and [the] its officers and employees , [thereof, except:
(a) Any] except any department whose chief executive officer is not appointed by the city manager.
[(b) As otherwise provided by law.
4.] (d) Attend all meetings of the council and its committees, except when the council is considering his removal, with the right to take part in discussions, but without power to vote. [He shall receive notice of all special meetings.]
[5.] (e) Recommend to the council the adoption of such measures and bills as he [may deem] considers necessary or expedient.
[6.] (f) Make investigations into:
[(a)] (1) The affairs of the city;
[(b)] (2) Any department or division [thereof;] of the city;
[(c)] (3) Any contract; or
[(d)] (4) The proper performance of any obligation owed to the city.
[7.] (g) Prepare and submit to the council the annual budget.
[8.] (h) Keep the council fully informed as to the financial condition and needs of the city.
[9.] (i) Submit to the council, at least once each month, a summary of all claims and bills approved for payment by him.
[10. Devote his entire time to the duties and interests of the city.
11.] (j) Not engage in any other business or occupation without the approval of the city council.
(k) Perform such other duties as [may be] prescribed by this charter or be required by ordinance or resolution of the council.
2. The city manager must establish his residence within the city within 90 days after his appointment, unless the period is extended by the council. He must reside in the city during his term of office.
Sec. 18. Section 3.040 of chapter 470, Statutes of Nevada 1975, at page 733, is hereby amended to read as follows:
Sec. 3.040 City clerk: Duties . [; deputies.
1.] The city clerk shall:
[(a)] 1. Keep the corporate seal and all [books and papers belonging to the city.
(b)] public records.
2. Supervise the central filing system for all departments of the city.
3. Attend all regular, special and emergency meetings of the city council, and may attend all executive sessions concerning public officers . [as provided in chapter 241 of the Nevada Revised Statutes.
(c)] 4. Keep an accurate journal of all regular, special and emergency meetings of the city council, including a record of all ordinances, bylaws and resolutions [passed or] adopted by it.
κ1985 Statutes of Nevada, Page 1317 (CHAPTER 450, SB 83)κ
[(d)] 5. Attest the journal after approval at each meeting of the city council and after it has been signed by the mayor.
[(e)] 6. Enter the result of the vote of the city council upon all official business in the journal.
[(f)] 7. Perform such other duties as [may be] designated by ordinance.
[2. The city clerk may appoint deputies as may be necessary subject to the approval of the city council.]
8. Not engage in any other business or occupation without the approval of the city council.
Sec. 19. Section 3.050 of chapter 470, Statutes of Nevada 1975, at page 734, is hereby amended to read as follows:
Sec. 3.050 City attorney: Duties; [deputies.] assistants.
1. The city attorney shall:
(a) Be the legal officer of the city.
(b) Represent the city and any officer or employee or former officer or employee of the city, for any act arising out of his employment or duties, in any action or proceeding in which the city or such officer or employee is concerned or is a party.
(c) Perform such duties as may be designated by ordinance.
[(c)] (d) Attend all regular, special and emergency meetings of the city council, and may attend executive sessions concerning public officers . [as provided in chapter 241 of the Nevada Revised Statutes.]
(e) Approve any contract made by and any bond or security given to the city endorsing his approval in writing on the document.
(f) Prepare all proposed ordinances and review all resolutions and amendments to the ordinances or resolutions.
(g) Not engage in any other business or occupation nor in the private practice of law without the approval of the city council.
2. The city attorney may appoint [such deputies as may be necessary subject to the approval of the city council.] and remove or discharge assistants pursuant to ordinances adopted relating thereto. The city council may appropriate the money it considers proper to compensate such assistants.
3. A person appointed by the city attorney to any position may be removed from that position by the city attorney. The person so removed has the right of appeal to the mayor and city council and may demand a hearing before the city council. The demand must be made within 10 days after the removal. The decision of the city council upon the hearing is final.
Sec. 20. Section 3.100 of chapter 470, Statutes of Nevada 1975, at page 735, is hereby amended to read as follows:
Sec. 3.100 Interference by city council.
1. The mayor or [councilmen] members of the council shall not [dictate] demand the appointment, suspension or removal of any [city] administrative officer or employee appointed by the city manager or his subordinates unless the [city] mayor or members of the council fully [and freely discusses] discuss the matter with the city manager.
κ1985 Statutes of Nevada, Page 1318 (CHAPTER 450, SB 83)κ
[city] administrative officer or employee appointed by the city manager or his subordinates unless the [city] mayor or members of the council fully [and freely discusses] discuss the matter with the city manager. No person covered by the [rules and] regulations of the civil service commission may be appointed, suspended or removed except as provided in [such rules and] those regulations.
2. The [city] mayor or members of the council shall not direct the activity of any appointed [officer or] employee on a matter pertaining to city business, but [shall] must deal through the city manager.
Sec. 21. Section 3.120 of chapter 470, Statutes of Nevada 1975, at page 735, is hereby amended to read as follows:
Sec. 3.120 Salaries. [The city council shall annually fix the salaries of all appointive officers of the city. Any officer whose salary is reduced may demand that a bill of particulars giving the reasons for such reduction be heard at the next regular meeting of the city council.] Employees in appointive positions are entitled to receive the salary designated by the city manager within the range established for each position by the city council.
Sec. 22. Section 4.020 of chapter 470, Statutes of Nevada 1975, at page 735, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Judge. [The municipal court shall be presided over by a municipal judge.] A municipal judge shall not engage in any other business or occupation without the approval of the city council.
Sec. 23. Section 5.010 of chapter 470, Statutes of Nevada 1975, as amended by chapter 412, Statutes of Nevada 1983, at page 1029, is hereby amended to read as follows:
Sec. 5.010 General municipal elections.
1. A general municipal election must be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year after 1986.
2. Except as provided in subsection 3, the elective officers of the city shall serve terms of 4 years and until their successors have been elected and qualified.
3. The persons who, on June [7,] 2, 1987, are elected to serve as:
(a) The [councilmen] members of the city council from the first, third and fifth wards;
(b) The city attorney; and
(c) The municipal judge for the first department of the court which was established,
shall serve terms of 2 years and until their successors have been elected and qualified.
4. All candidates at the general municipal election must be voted upon by the electors of the city at large.
Sec. 24. Section 5.020 of chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1319 (CHAPTER 450, SB 83)κ
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 file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the 1st Tuesday after the 1st Monday in May [next preceding such] preceding the general election.
2. If for any general municipal election there are three or more candidates for the offices of mayor, city clerk, city attorney or municipal judge, or three or more candidates from each ward [for the office of councilman,] to represent the ward as a member of the city council, a primary election for [any such office shall] that office must be held on the 1st Tuesday after the 1st Monday in May preceding [such] the general election.
3. Candidates for the offices of mayor, city clerk, city attorney and municipal judge [shall] must be voted upon by the registered voters of the city at large. Candidates [for the office of councilman shall] 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 clerk, city attorney and municipal judge and the names of the two candidates [for city councilman] 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 [shall] must be placed on the ballot for the general election.
Sec. 25. Section 5.100 of chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to read as follows:
Sec. 5.100 Election returns: Canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election [shall] must be filed with the city clerk, who shall immediately place [such] the returns in a safe or vault . [, and no person is permitted to] No person may handle, inspect or in any manner interfere with [such] the returns until canvassed by the city council.
2. The city council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns [shall] must then be sealed and kept by the city clerk for 6 months, and no person [shall] may have access [thereto] to them except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue a certificate of election to each person elected. The officers elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday [in July next] following their election.
4. If any election results in a tie, the city council shall summon the candidates who receive the tie vote and determine the tie by lot.
κ1985 Statutes of Nevada, Page 1320 (CHAPTER 450, SB 83)κ
the candidates who receive the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.
Sec. 26. Section 6.010 of chapter 470, Statutes of Nevada 1975, as amended by chapter 361, Statutes of Nevada 1983, at page 876, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city , [and in its name,] without any election, may [from time to time] acquire, improve, equip, operate and maintain [:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.] underground facilities for electricity and communication.
Sec. 27. Section 7.030 of chapter 470, Statutes of Nevada 1975, as amended by chapter 482, Statutes of Nevada 1981, at page 975, is hereby amended to read as follows:
Sec. 7.030 Borrowing money.
[1.] Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city [,] and for such purpose may issue bonds or other securities. [The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except securities issued under section 6.020.
2. Any property tax levied to pay the principal of or interest on indebtedness must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive.
3. Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.] The proceeds from the sale of bonds must be deposited in a fund separate from all other funds of the city. The proceeds and any interest earned thereon may not be invested or used for any purpose other than that for which the bonds were issued.
κ1985 Statutes of Nevada, Page 1321 (CHAPTER 450, SB 83)κ
Sec. 28. Section 9.010 of chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 718, is hereby amended to read as follows:
Sec. 9.010 Civil service commission: Appointment; removal; compensation.
1. There [shall be] is a civil service commission [of the City of Sparks, Nevada,] consisting of [three] five residents of the city who [shall] must be appointed by the mayor, subject to confirmation by the city council. [The persons so appointed] They shall serve terms as established by ordinance.
2. Every person appointed as a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file [the same, duly] it, certified by the officer administering it, with the clerk of the city.
3. Any member of the commission who misses three successive regular meetings of the commission or who ceases to meet any qualification for appointment to the commission as provided by the city council, may be removed by majority vote of the commission.
4. Vacancies on the civil service commission from whatever cause [shall] must be filled by appointment by the mayor, subject to confirmation by the city council.
[4.] 5. The council shall provide for such employees as [shall be] necessary to enable the civil service commission to carry out properly [the duties prescribed herein.
5. Each] its duties.
6. The city council shall provide by ordinance the amount of compensation each member of the civil service commission [shall receive as compensation for his services the sum of $10] is entitled to receive for each full meeting [attended by him.] he attends.
Sec. 29. Section 9.020 of chapter 470, Statutes of Nevada 1975, at page 741, is hereby amended to read as follows:
Sec. 9.020 Civil service commission: [Rules and regulations.] Regulations.
1. The commission shall [prepare and adopt rules and] adopt regulations to govern the selection and appointment of all employees of the city within the provisions of this article . [and such rules and regulations shall] The regulations must be designed to secure the best service for the public.
2. [Such rules and regulations shall] The regulations must provide for:
(a) Ascertaining [, as far as possible, physical qualifications, habits, reputation, standing] the qualifications and experience of all applicants [for positions;
(b) Competitive examination of some or all applicants in such subjects as proper for the purpose of best determining their qualifications for a position;
κ1985 Statutes of Nevada, Page 1322 (CHAPTER 450, SB 83)κ
(c) Disciplinary, suspension, demotion and dismissal proceedings;
(d) Promotions and advancements; and
(e)] ;
(b) Recruitment, examination and placement of applicants;
(c) Proceedings for discipline, removal and promotion of employees;
(d) Classification of positions;
(e) Probationary appointments for which the period of probation may not exceed 1 year;
(f) A procedure to confirm employees as permanent employees;
(g) Any emergency, temporary or provisional appointments it considers necessary; and
(h) Such other matters as the commission [may deem] considers necessary.
3. A copy of all [rules and] regulations made by the commission and all changes [therein shall] to them must be filed in the office of the city clerk.
4. [The commission shall by rule provide for a probationary period of 6 months during which any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department or by the city manager without hearing or other action by the commission.
5.] The commission shall cause the [rules and] regulations [so prepared and] adopted, and all changes [therein,] to them to be printed or otherwise reproduced and distributed as they [shall deem] consider necessary . [, and the expense thereof shall] The expense must be certified by the commission and paid by the city.
[6. All selections of persons for employment or appointment or promotion,]
5. All appointments or promotions in any department of the city within the provisions of this article, [shall] must be made in accordance with [such rules and regulations.] the regulations of the commission.
Sec. 30. Section 9.040 of chapter 470, Statutes of Nevada 1975, at page 741, is hereby amended to read as follows:
Sec. 9.040 Examinations. [All examinations by the commission are public and free to all citizens of the United States with proper limitations as to residence, age, health, habits and moral character. The examinations shall be practical in their character and shall relate to those matters which will fairly test the relative capacity of the candidate to discharge the duties of the position in which they seek employment, or to which they seek to be appointed, and]
1. The commission shall conduct examinations for employment with the city and prepare a list of eligible applicants. The examinations must be:
(a) Competitive;
κ1985 Statutes of Nevada, Page 1323 (CHAPTER 450, SB 83)κ
(b) Open to all applicants who meet the announced minimum requirements, unless restricted by the commission to employees holding positions in a lower classification;
(c) Publicized in advance; and
(d) Practical and test fairly the ability of each applicant to perform the duties of the position for which the test is given.
2. The examination may include tests of [manual skill and physical strength.] physical ability if required for the position for which the test is given.
3. The commission [shall] must give due regard to the experience of [the individual] each candidate in the department in which he is seeking promotion.
4. All examinations [shall] must be given under the control of the commission.
Sec. 31. Section 9.050 of chapter 470, Statutes of Nevada 1975, at page 742, is hereby amended to read as follows:
Sec. 9.050 Reports of employee performance. The head of any city department to which the provisions of this article [are applicable shall maintain at all times in full force and effect and in operation within his respective department the rules and] apply shall comply with the regulations adopted by the commission and applicable to [such] the department. Such [rules and regulations, in the discretion of the commission,] regulations may provide for regular efficiency reports of the members of any department, for courses, tests or examinations to be required within the department, and for any other [act or thing] action or procedure necessary or desirable to bring about advancement or promotion within the department [of the members thereof,] according to merit, to bring about efficiency within the department so that it may be better qualified to serve the public, and to bring about a full and complete operation within the department of the civil service system.
Sec. 32. Section 9.060 of chapter 470, Statutes of Nevada 1975, at page 742, is hereby amended to read as follows:
Sec. 9.060 Eligibility lists.
1. Whenever a new [positions are] position is created by city ordinance within any department subject to the provisions of this article, or whenever [vacancies occur] a vacancy occurs within any such department, a list of not less than the three most highly qualified applicants, when that number is available, [shall] must be submitted by the civil service commission to the head of the department. The head [or chief of such] of the department shall appoint from the list the applicant [deemed] considered by him to be most suitable.
2. If there are less than three qualified applicants, the position may be filled by any qualified applicant.
3. All such appointments [shall be] are subject to confirmation of the [city council] civil service commission after successful completion of the probationary period.
κ1985 Statutes of Nevada, Page 1324 (CHAPTER 450, SB 83)κ
Sec. 33. Section 9.070 of chapter 470, Statutes of Nevada 1975, at page 742, is hereby amended to read as follows:
Sec. 9.070 Probational employees. [All employees of the City of Sparks who have been so employed for 6 or more months prior to the effective date of this charter are confirmed in their present positions. All employees of the City of Sparks who have been so employed for less than 6 months prior to the effective date of this charter shall be considered to be in a probationary period, and may, after the completion of 6 months employment, be considered for confirmation as provided in this article. All employees of the City of Sparks hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period shall hold their respective positions and employment at the pleasure of the city manager, subject to hearing, as provided in this article. All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion.]
1. Probationary appointments must be made only as the result of examination as authorized in this article.
2. An employee dismissed during the period of probation may not appeal the dismissal.
3. If an employee who was promoted is dismissed during the period of probation for any reason other than misconduct, he must be restored to the classification from which he was promoted.
4. The provisions of this article [shall not] apply to persons employed on a temporary basis or for a period not to exceed 6 months during any calendar year.
Sec. 34. Section 9.080 of chapter 470, statutes of Nevada 1975, as amended by chapter 457, Statutes of Nevada 1979, at page 853, is hereby amended to read as follows:
Sec. 9.080 Prohibited acts.
1. No employee of the city within the provisions of this article may be suspended, demoted or discharged except as provided in this article.
2. [A person shall not willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this article, or in any manner commit or attempt to commit any fraud to prevent the impartial execution of the provisions of this article or act in any manner to prevent the impartial execution of the rules and regulations adopted pursuant to section 9.020.] An appointment to or removal of an employee within the provisions of this article must not be affected by his:
(a) Membership or nonmembership in an employee organization;
(b) Marital status; or
(c) Physical or visual handicap except when the commission has determined that the handicap is a necessary qualification or disqualification for a specific position.
κ1985 Statutes of Nevada, Page 1325 (CHAPTER 450, SB 83)κ
determined that the handicap is a necessary qualification or disqualification for a specific position.
3. A person shall not commit any fraud, deception or other action which would prevent the impartial application of this article.
Sec. 35. Section 9.100 of chapter 470, Statutes of Nevada 1975, at page 743, is hereby amended to read as follows:
Sec. 9.100 Disciplinary authority of city manager; appeal to the commission.
1. The city manager may suspend for a period [of] not exceeding 30 days or discharge or demote any employee of the city within the provisions of this article for [the betterment of the service or for other] justifiable cause . [and] Justifiable cause is:
(a) The inability or failure of an employee, for any reason, to perform the duties of his position properly and efficiently;
(b) Any action by an employee which reduces the employees effectiveness or which brings discredit to the city service; or
(c) The violation by an employee of any provision of this article or of the regulations of the commission.
2. The city manager shall immediately report his action to the secretary of the commission and deliver to the commission a copy of the complaint setting forth the reason for discharge, suspension or demotion and the name of the complainant, if other than the city manager.
3. Within 10 days after [such] the discharge, suspension or demotion, the employee so discharged, suspended or demoted may appeal to the commission by filing with the secretary [thereof] a notice of appeal in the following or similar form: To the Civil Service Commission of Sparks, Nevada: Please take notice that I appeal the order of the city manager of the City of Sparks, dated ___________________ 19______, (demoting, discharging or suspending) me. The notice of appeal [shall] must be signed by the employee demoted, discharged or suspended and [shall] clearly state [the] his name and [the address of such employee.] address.
Sec. 36. Section 9.140 of chapter 470, Statutes of Nevada 1975, at page 743, is hereby amended to read as follows:
Sec. 9.140 Commission hearings.
1. The employee [shall be] is entitled to a postponement or adjournment of the hearing for [not to exceed a period of] no more than 20 days. The complaint is not entitled to adjournment or postponement.
2. In the course of any hearing or investigation each member of the commission has the power:
(a) To administer oaths;
(b) To secure by subpena the attendance of witnesses and the production of books and papers relevant to [such] the hearing or investigation;
(c) To compel witnesses to answer; and
(d) To punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing.
κ1985 Statutes of Nevada, Page 1326 (CHAPTER 450, SB 83)κ
for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing.
3. Any hearing, in the discretion of the commission, may be closed to the public and all witnesses shall be under oath.
4. The employee [shall have full opportunity to be] is entitled to:
(a) Be heard in his own defense [, and is entitled to secure] ;
(b) Secure the attendance of all witnesses necessary for his defense [and may appear] ; and
(c) Appear in person and by attorney.
5. All [evidence] testimony at any hearing [shall be taken by stenographic reporter who shall be first sworn to perform the duties of a stenographic reporter in taking evidence in such matter fully and fairly to the best of his ability. The transcript shall be typewritten and filed with the commission, and the cost of such stenographic reporting shall be paid by the city.] must be reported by a shorthand reporter certified pursuant to chapter 656 of NRS, and may be transcribed, if necessary, for the deliberation of the commission or for an appeal to the district court. The cost of a transcript ordered by the commission must be paid by the city.
Sec. 37. Section 9.150 of chapter 470, Statutes of Nevada 1975, at page 744, is hereby amended to read as follows:
Sec. 9.150 Findings of the commission.
1. [Within 15 days after a transcript of the proceedings is filed with the commission, the commission shall, by a majority vote of its members, determine whether by a preponderance of the evidence the charges where true and made in good faith for the purpose of improving the public service or whether they were made solely for religious, political or personal reasons.
2. If the charges are found to be untrue or were made solely for religious, political or personal reasons the employee shall be immediately reinstated to his former position without prejudice.
3. If the charges are found to be true and were made in good faith for the purpose of improving the public service, the commission may sustain the disciplinary action theretofore taken, or may impose such other disciplinary action as to the commission shall seem just and proper.
4.] Within 30 days after the end of the hearing, the commission shall, by majority vote, make its decision.
2. The action taken by the city manager may be affirmed, modified or revoked by the commission. If the commission finds his action is not based on a justifiable cause, it must revoke or modify the action. Reinstatement of an employee must be without prejudice. The decision and findings of the commission [shall] must be in writing and [shall be filed with the transcript of the evidence] filed with the secretary of the commission.
Sec. 38. Section 9.190 of chapter 470, Statutes of Nevada 1975, at page 745, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1327 (CHAPTER 450, SB 83)κ
Sec. 9.190 Applicability.
1. This article [shall apply] applies to all employees of the City of Sparks, except:
(a) Elected [officials] officers of the city;
(b) The city manager;
(c) [Appointed officials of the city;] Persons in appointive positions; and
(d) Temporary employees . [provided for in section 9.070.]
2. Any employee of the city who has been confirmed in his position by the city council and who accepts a position as a department head or [accepts appointment as an appointed official] accepts an appointive position under the provisions of this chapter [shall,] must, upon his removal from such office [,] or position, be restored to his former position within the department [, only] if there is a position available.
Sec. 39. 1. Section 6.020 of chapter 470, Statutes of Nevada 1975, at page 738, is hereby repealed.
2. Article VII-A of chapter 457, Statutes of Nevada 1979, at page 839, is hereby repealed.
3. Section 9.180 of chapter 470, Statutes of Nevada 1975, at page 744, is hereby repealed.
Sec. 40. Section 19 of Assembly Bill No. 202 of this session is hereby amended to read as follows:
Sec. 19. 1. NRS 266.540, 266.545, 266.560 and 266.580 are hereby repealed.
2. Sections 125 and 126 of the charter of Boulder City are hereby repealed.
3. Section 4.010 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 65, is hereby repealed.
4. Section 4.010 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 614, is hereby repealed.
5. Section 4.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 304, is hereby repealed.
6. Section 4.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby repealed.
7. Section 4.010 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 396, is hereby repealed.
8. Section 4.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby repealed.
9. Section 4.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1222, is hereby repealed.
10. [Section 4.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 735, is hereby repealed.
κ1985 Statutes of Nevada, Page 1328 (CHAPTER 450, SB 83)κ
chapter 470, Statutes of Nevada 1975, at page 735, is hereby repealed.
11.] Section 4.010 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 468, and section 4.020 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 212, are hereby repealed.
[12.] 11. Section 4.010 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 911, is hereby repealed.
Sec. 41. Any employee holding an appointive position that exceeds the 3-percent limitation established in paragraph (c) of subsection 3 of section 4 of this act may retain his position on and after July 1, 1985, until he is dismissed pursuant to section 1.090 of chapter 470, Statutes of Nevada 1975, as amended by this act, resigns or retires. At that time or upon his death, the position must be abolished.
Sec. 42. This section and section 40 become effective upon passage and approval.
________
Assembly Bill No. 302Committee on Judiciary
CHAPTER 451
AN ACT relating to the private investigators licensing board; establishing standards for the regulation of polygraphic examiners; revising procedures and fees in connection with the investigation and licensing of persons subject to the authority of the board; increasing the penalties for unauthorized or improper conduct; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. Intern means a person who is involved in the study of polygraphic examinations and their administration.
Sec. 3. License means a license or certificate issued pursuant to the provisions of this chapter.
Sec. 4. Polygraph means an instrument or electronic or mechanical device which records or measures physiological effects of psychological stimuli to permit the examiner or intern to form an opinion concerning the veracity of statements made by the person examined.
Sec. 5. Polygraphic examination means the procedure by which an examiner or intern renders his expert opinion as to the veracity of statements made by the person examined.
Sec. 6. Polygraphic examiner or examiner means a person who by virtue of his education, training and experience, is capable of conducting a valid and reliable polygraphic examination.
Sec. 7. (Deleted by amendment.)
κ1985 Statutes of Nevada, Page 1329 (CHAPTER 451, AB 302)κ
Sec. 8. 1. An applicant must answer all the questions and provide all the information required by the application. The applicant may include additional information on plain paper. If the secretary determines that the application is incomplete, improperly completed or illegible, the application, together with all associated documents and any fees paid, must be returned to the applicant without further action.
2. An application is valid for 6 months after the date of filing with the board. It is the responsibility of the applicant to comply with all procedures and necessary appearances in connection with an application before the expiration of the 6 months. The board may, for good cause shown, extend the period.
3. The board may summarily deny any application for a license which is still pending before the board 6 months after the date of filing.
4. The applicant has the burden of proving his qualifications and suitability for the license.
5. By filing an application with the board, an applicant accepts the risk of adverse public notice, embarrassment, criticism or other action with respect to his application, and expressly waives any claim for damages as a result thereof.
Sec. 9. An unlicensed person who performs a single act for which a license is required has engaged in the business for which the license is required and, unless exempt from licensing, has violated NRS 648.060.
Sec. 10. 1. A license as a polygraphic examiner or intern is not required under this chapter of a person who conducts polygraphic examinations solely in the performance of official duties for a federal, state, county or municipal law enforcement or investigative agency.
2. Persons who are exempt pursuant to subsection 1 shall comply with all other provisions of this chapter.
3. Persons who are exempt and who meet the requirements of this chapter for a license as a polygraphic examiner or intern may apply to the board for certification of their qualifications for a license in the same manner as prescribed for licensing.
Sec. 11. The board may issue a license to any person who is licensed as a polygraphic examiner in another state if:
1. The requirements for the license in that jurisdiction at the time the license was issued are deemed by the board to be equivalent to the requirements for a license in this state;
2. The jurisdiction extends the same privileges to a person licensed in this state; and
3. The person submits the application and undergoes the investigation required for licensing.
Sec. 12. Upon receiving written notification of a suspension, revocation or refusal to renew a license, the holder of the license shall immediately surrender his license to the board.
Sec. 13. Except as provided in NRS 648.100 and section 15 of this act, a person who wishes to obtain information possessed by the board that is declared by law to be confidential must apply to the district court for an order directing the release of the information.
κ1985 Statutes of Nevada, Page 1330 (CHAPTER 451, AB 302)κ
for an order directing the release of the information. The person shall give the board, the attorney general, and each person who may be affected by the order 10 days written notice of his intention to make the application. The notice must include a copy of the motion and all papers that will be offered in support of the application. The notice to persons other than the board and the attorney general may be made by personal delivery or by certified mail to the persons last known address.
Sec. 14. Except in a proceeding brought by the state, the board may refuse to reveal the identity of an informant or the information obtained from the informant.
Sec. 15. 1. The board shall maintain a public record of:
(a) The business it transacts at its regular and special meetings; and
(b) The applications received by it together with the record of the disposition of each application.
2. Information obtained by the board from other than public sources concerning the:
(a) Financial condition; or
(b) Criminal record,
of an applicant or a licensee is confidential and may be revealed only to the extent necessary for the proper administration of the provisions of this chapter.
3. The board may release information described in subsection 2 to an agency of the Federal Government, of a state or of a political subdivision of this state.
4. The board shall adopt by regulation a procedure for notifying the applicant or licensee of the release of confidential information pursuant to subsections 2 and 3. The board shall release information described in subsection 2 concerning an applicant or licensee to the applicant or licensee upon request.
Sec. 16. (Deleted by amendment.)
Sec. 17. In any matter involving the well-being, employment or liability of a person, another person shall not consider or accept into evidence an opinion resulting from a polygraphic examination unless the examination:
1. Meets the minimum standards established by this chapter; and
2. Was administered by a person who holds a valid license as a polygraphic examiner or intern or is qualified as a polygraphic examiner or intern and exempt from the requirement of licensing.
Sec. 18. 1. Each instrument used to conduct a polygraphic examination must be of a type approved by the board. The board shall approve instruments which:
(a) Are of commercial manufacture;
(b) Visually, permanently and simultaneously record on a moving graph, physiological effects, including cardiovascular activity, respiratory activity and changes in skin resistance, as well as any other activity which the board deems relevant to the purposes of a polygraphic examination; and
κ1985 Statutes of Nevada, Page 1331 (CHAPTER 451, AB 302)κ
(c) Meet the minimum standards of accuracy and reliability adopted by the board.
2. Nothing in this chapter restricts the development of instruments or electronic or mechanical devices to record physiological events for the purpose of forming an opinion concerning the veracity of a statement made by the person examined.
3. The board may grant conditional approval to instruments for use in research.
Sec. 19. Except in the case of an investigation of its own affairs conducted by a law enforcement agency, an examiner or intern shall, before beginning a polygraphic examination, inform the person examined that he has the right to refuse to answer any questions if his answer would tend to incriminate or degrade him.
Sec. 20. A polygraphic examination must not be conducted:
1. Unless the person examined is advised of the purpose of the examination.
2. Unless the person examined consents to it in writing.
3. For the purpose of interfering with or preventing lawful activities of organized labor.
4. If the person examined is less than 18 years of age, unless the written consent of a parent or legal guardian has been obtained after the parent or guardian has been informed of the nature of the examination and the matters to be covered.
5. To circumvent or in defiance of the law.
Sec. 21. In conducting a polygraphic examination, an examiner or intern shall use only standard and widely accepted techniques based on comparison of the reaction to relevant questions and to questions asked as a control or techniques based on comparison of peaks of tension. All questions used during the examination must be reviewed with the person examined before being used. Minor modification of technique, not affecting its integrity, may be used when necessary or appropriate for the issue under investigation.
Sec. 22. During a polygraphic examination, the examiner or intern shall not make inquiries into the religion, political affiliations, affiliations with labor organizations or sexual activities of the person examined unless his religion or those affiliations or activities are germaine to the issue under investigation and the inquiries are made at the request of the person examined.
Sec. 23. 1. An examiner or intern shall not render a written or oral opinion based upon his analysis of polygraphic charts without administering two or more charts with the same questions on at least two of the charts.
2. An examiner or intern shall not render an opinion based upon analysis of polygraphic charts without affording the person examined an opportunity to explain any physiological effects recorded on those charts which indicate deception on the part of the person examined.
κ1985 Statutes of Nevada, Page 1332 (CHAPTER 451, AB 302)κ
3. The opinion of an examiner or intern with regard to a polygraphic examination may refer only to truth or deception on the part of the person examined. An examiner or intern may not give an opinion as to the guilt or innocence of the person examined. An examiner or intern may indicate the persons knowledge of elements of an act as shown by analysis of polygraphic charts obtained during the conduct of examinations which measure peaks of tension.
4. An examiner or intern shall advise the person examined of his opinion concerning the persons veracity within a reasonable time after the examination.
Sec. 24. 1. Each examiner or intern shall maintain a chronological log of all polygraphic examinations which he administers. The log must include the date of each examination, the name of the person examined, and an identifying case or file number.
2. All polygraphic charts must be identified with the name of the person examined, the date of the examination, an identifying case or file number and the signature or initials of the examiner or intern.
3. The records of a polygraphic examination, including the written consent of the person examined, the questions asked, notes and charts obtained during the examination, must be maintained in a manner which protects their confidentiality by the examiner or intern or his employer, for a period of not less than 3 years.
4. Except when ordered to do so by a court of competent jurisdiction, or as otherwise provided by law, a person who possesses the results of a polygraphic examination or information obtained during a polygraphic examination shall not release the results or the information obtained without the written consent of the person examined.
Sec. 25. An examiner or intern may make charts and other records of an examination available to another polygraphic examiner or intern or group of polygraphic examiners or interns, including the board and its representatives, for the purpose of consultation or review under conditions which ensure the confidentiality of the examination and its results.
Sec. 26. In addition to the causes specified in NRS 648.150, the board may discipline an intern or polygraphic examiner if he has:
1. Demonstrated incompetence or a physical or emotional disability which prevents him from properly functioning as an intern or polygraphic examiner;
2. Willfully made a false report of the results of a polygraphic examination; or
3. Accepted a fee contingent upon the outcome of a polygraphic examination.
Sec. 27. NRS 648.005 is hereby amended to read as follows:
648.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 648.006 to 648.015, inclusive, and sections 2 to 6, inclusive, of this act, have the meanings ascribed to them in [NRS 648.006 to 648.015, inclusive.] those sections.
κ1985 Statutes of Nevada, Page 1333 (CHAPTER 451, AB 302)κ
Sec. 28. NRS 648.0065 is hereby amended to read as follows:
648.0065 Dog handler means any person who, for compensation, handles [watchdogs.] , supplies or trains dogs for the protection or safety of persons or property.
Sec. 29. NRS 648.007 is hereby amended to read as follows:
648.007 Licensee means any person [licensed under] who holds a license or certificate issued pursuant to the provisions of this chapter.
Sec. 30. NRS 648.012 is hereby amended to read as follows:
648.012 Private investigator means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining, information with reference to:
1. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;
2. The location, disposition or recovery of lost or stolen property;
3. The cause or responsibility for fires, libels, losses, accidents or damage or injury to persons or to property; [or]
4. Securing evidence to be used before any court, board, officer or investigating committee [.] ; or
5. The prevention, detection and removal of surreptitiously installed devices for eavesdropping or observation.
Sec. 31. NRS 648.013 is hereby amended to read as follows:
648.013 Private patrolman means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen, uniformed traffic-control officers , bodyguards or other [individuals] persons for the purpose of protecting persons or property, to prevent the theft, loss or concealment of property of any kind or to investigate the theft, loss or concealment of property he has been hired to protect.
Sec. 32. NRS 648.014 is hereby amended to read as follows:
648.014 Process server means a person, other than a peace officer of the State of Nevada, who engages in the business of serving legal [papers in any civil matter.] process within this state.
Sec. 33. NRS 648.020 is hereby amended to read as follows:
648.020 1. The private investigators licensing board, consisting of the attorney general or his deputy and four members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) One member who is a private investigator.
(b) One member who is a private patrolman.
(c) One member who is a [process server or a polygraph] polygraphic examiner.
(d) One member who is a representative of the general public.
3. The chairman of the board is the attorney general or a deputy attorney general designated by the attorney general to act in that capacity.
κ1985 Statutes of Nevada, Page 1334 (CHAPTER 451, AB 302)κ
attorney general designated by the attorney general to act in that capacity.
4. Members of the board are entitled to receive per diem expenses and travel allowances as provided by law.
5. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
Sec. 34. NRS 648.030 is hereby amended to read as follows:
648.030 1. The board shall from time to time adopt regulations to enable it to carry out the provisions of this chapter.
2. The board shall classify licensees according to the type of business in which they are engaged and may limit the field and scope of the operations of a licensee to those in which he is classified.
3. The board may by regulation fix qualifications of licensees and of the directors and officers of corporate licensees necessary to promote the public welfare.
4. The board may by regulation require licensees and their employees to attend courses in firearm safety conducted by instructors approved by the board. The board may require a licensee or his employee to complete a certain amount of training in firearm safety before he may be permitted to carry a firearm in the course of his duties.
Sec. 35. NRS 648.040 is hereby amended to read as follows:
648.040 1. [Except as provided in subsection 4, all amounts] All money received pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the attorney generals special fund and must be used by the board for the administration of this chapter and to pay the expenses and salary of members , agents and employees of the board.
2. Any amount remaining in the fund at the end of a fiscal year must be carried forward into the next fiscal year.
3. The board through majority vote controls exclusively the expenditures from the fund. The board may not make expenditures or incur liabilities in a total amount greater than the amount of money actually available in the fund.
4. The money in this fund may be used to:
(a) Pay the expenses of the board in connection with the investigation of the background of an applicant;
(b) Finance a substantive investigation of a licensee or of unlicensed activity; and
(c) Pay the operational and administrative expenses of the board and its secretary,
and for such other expenses as the board deems appropriate to regulate the persons subject to its supervision.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in the state treasury for credit to the attorney generals special fund.
κ1985 Statutes of Nevada, Page 1335 (CHAPTER 451, AB 302)κ
[4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.]
Sec. 36. NRS 648.060 is hereby amended to read as follows:
648.060 No person, unless he is licensed under this chapter, may:
1. Engage in the business of private investigator, private patrolman, process server, repossessor , [or] dog handler [;] or polygraphic examiner or intern; or
2. Advertise his business as such, irrespective of the name or title actually used.
Sec. 37. NRS 648.070 is hereby amended to read as follows:
648.070 Every applicant for a license [under] pursuant to the provisions of this chapter [shall] must file with the board a written application accompanied by a nonrefundable fee of [$50.] $100 for each examination that the applicant wishes to take. The written application must be in accordance with the following provisions:
1. If the applicant is a natural person the application must be signed and verified by him.
2. If the applicant is a firm or partnership the application must be signed and verified by each natural person composing or intending to compose the firm or partnership.
3. If the applicant is a corporation:
(a) The application must be signed and verified by the president, the secretary and the treasurer thereof, and must specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporations outstanding paid-up capital stock.
(4) Whether this stock was paid for in cash or property, and if in property, the nature and description of the property.
(5) The name of the person or persons affiliated with the corporation who possess the qualifications required for a license under this chapter.
(b) The application must be accompanied by a certified copy of the corporations certificate of incorporation together with a certification from the secretary of state that the corporation is in good standing and, if the corporation is a foreign corporation, a certification from the secretary of state that the corporation is qualified to do business in this state.
(c) The successor to every such officer or a director shall, before entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribes for an individual signatory to an application [.]
κ1985 Statutes of Nevada, Page 1336 (CHAPTER 451, AB 302)κ
entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribes for an individual signatory to an application [.] and shall transmit the statement to the board.
(d) In the event of the death, resignation or removal of such an officer [,] or a director, notice of that fact must [forthwith] be given in writing to the [chairman of the board.] board within 10 days after the death, resignation or removal. The board shall conduct such an investigation of the successor pursuant to NRS 648.100 as it deems necessary to verify the successors qualifications.
4. If the applicant fails to pass the examination required by NRS 648.100 he must not be reexamined until he has paid another fee of [$50] $100 to cover [costs] the cost of reexamination.
5. If the applicant is applying for a license as a dog handler, the application must be accompanied by an additional fee of [$25] $100 to cover the costs of an examination in the field. If the applicant fails to pass the examination or cancels the examination within 48 hours before the time scheduled for it, he may not be reexamined in the field until he has paid an additional fee of [$25. The board may charge a fee of $10 for instructions for applying for a license.] $100.
The forms for applications, including the instructions, may be obtained from the office of the board. The board shall, by regulation, charge a fee to cover the cost of the preparation of the forms and instructions.
Sec. 38. NRS 648.080 is hereby amended to read as follows:
648.080 Every application for a license [shall state all of the following:
1. The full name, age, residence, present and previous occupations of each signatory.
2. That each signatory is a citizen of the United States.] must contain:
1. A detailed statement of the applicants personal history on the form specified by the board. If the applicant is a corporation, the application must include such a statement concerning each officer and director.
2. A statement of the applicants financial condition on the form specified by the board. If the applicant is a corporation, the application must include such a statement concerning each officer and director.
3. A specific description of the location of the principal place of business of the applicant , [and] the business in which he intends to engage [.] and the category of license he desires.
4. A full set of fingerprints and a recent photograph [.] of the applicant or, if the applicant is a corporation, of each officer and director.
5. [That the applicant has had the necessary years of experience to qualify prior to an application for a license.
6. That the applicant has been a bona fide resident of the State of Nevada for a period of 6 months immediately preceding the filing of the application.
κ1985 Statutes of Nevada, Page 1337 (CHAPTER 451, AB 302)κ
7. The classification or classifications of work in which the applicant desires to be licensed.
8.] Evidence supporting the qualifications of the applicant in meeting the requirements for the license for which he is applying.
6. If the applicant is [a person other than an individual, ] not a natural person, the full name and residence address of each of its partners, officers, directors and manager, and a certificate of filing of a fictitious name.
[9.] 7. Such other facts as may be required by the board to show the good character, competency and integrity of each signatory.
Sec. 39. NRS 648.100 is hereby amended to read as follows:
648.100 1. The board shall require an applicant to [take] pass a written examination for an initial license and may require an applicant to [take] pass an oral examination. Examinations must be given at least four times a year . [at such times and places as the board fixes by regulation.]
2. The board shall conduct such investigation of an applicant , including the directors and officers of a corporate applicant, as it considers necessary. An applicant shall deposit with the board at the time of making [the] an initial application for any license a fee of [$500,] $750 for the first category of license and $250 for each additional category of license for which application is made, which must be applied to the cost of conducting the investigation. The applicant is liable for the entire cost of the investigation up to a maximum cost of [$750,] $1,500 for the first category of license and $500 for each additional category of license for which application is made, and must pay the entire fee before taking an examination.
3. The board may refuse to grant a license if it determines that the applicant has:
(a) Committed any act which if committed by a licensee would be a ground for the suspension or revocation of a license under this chapter.
(b) Committed any act constituting dishonesty or fraud.
(c) Demonstrated untruthfulness or a lack of integrity.
(d) Been refused a license under this chapter or had a license revoked.
(e) Been an officer, director, partner or manager of any firm, partnership, association or corporation which has been refused a license under this chapter or whose license has been revoked.
(f) While unlicensed, performed any act for which a license is required by this chapter.
(g) Knowingly made any false statement in his application.
4. The board shall provide the applicant with a copy of the report of the investigation within a reasonable time after it receives the completed report.
Sec. 40. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the board grants any license, the applicant , including each director and officer of a corporate applicant, must:
κ1985 Statutes of Nevada, Page 1338 (CHAPTER 451, AB 302)κ
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(c) Be of good moral character and temperate habits.
(d) [Be a resident of the State of Nevada for at least 6 months.
(e)] Have no conviction of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
[(f)] 2. Each applicant, or the qualifying agent of a corporate applicant, must:
(a) If an applicant for a private investigators license, have at least 5 years experience as an investigator, or the equivalent thereof, as determined by the board.
[(g)] (b) If an applicant for a repossessors license, have at least 5 years experience as a repossessor, or the equivalent thereof, as determined by the board.
[(h)] (c) If an applicant for a private patrolmans license, have at least 5 years experience as a private patrolman, or the equivalent thereof, as determined by the board.
[(i)] (d) If an applicant for a process servers license, have at least 2 years experience as a process server, or the equivalent thereof, as determined by the board.
[(j)] (e) If an applicant for a dog handlers license, demonstrate to the satisfaction of the board his ability to handle , supply and train watchdogs.
[(k)] (f) If an applicant for a license as an intern, have:
(1) Received:
(I) A baccalaureate degree from an accredited college or university and have at least 1 years experience in investigation or polygraphic examination satisfactory to the board;
(II) An associate degree from an accredited college or university and have at least 3 years experience; or
(III) A high school diploma or its equivalent and have at least 5 years experience; and
(2) Satisfactorily completed a basic course of instruction in polygraphic techniques satisfactory to the board.
(g) If an applicant for a license as a polygraphic examiner:
(1) Meet the requirements contained in paragraph (f);
(2) Have actively conducted polygraphic examinations for at least 2 years;
(3) Have completed successfully at least 250 polygraphic examinations, including at least 100 examinations concerning specific inquiries as distinguished from general examinations for the purpose of screening;
(4) Have completed successfully at least 50 polygraphic examinations, including 10 examinations concerning specific inquiries, during the 12 months immediately before the date of his application; and
κ1985 Statutes of Nevada, Page 1339 (CHAPTER 451, AB 302)κ
(5) Have completed successfully at least 24 hours of advanced polygraphic training acceptable to the board during the 2 years immediately before the date of his application.
(h) Meet other requirements as determined by the board.
[2.] 3. The board when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, shall issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the period which ends on July 1 next following.
4. For the purposes of this section, 1 year of experience consists of 2,000 hours of experience.
Sec. 41. NRS 648.120 is hereby amended to read as follows:
648.120 1. A license [under] issued pursuant to this chapter may not be issued or renewed until the applicant or licensee pays to the board a license fee of [$225.] $250 for each category of license being issued or renewed.
2. A license held in abeyance may not be renewed until the licensee pays to the board a license fee of $50 for each category of license being renewed.
3. The license fee must be paid annually and is due on July 1. The board may provide that the fee be reduced ratably for portions of the license period.
4. A license held in abeyance may be reinstated upon payment to the board of $100 for each category of license and the annual license fee of $250 for each category of license.
5. The board shall prescribe by regulation the circumstances under which the board will hold a license in abeyance.
Sec. 41.5. NRS 648.135 is hereby amended to read as follows:
648.135 1. Before issuing any license or annual renewal thereof, the board shall require satisfactory proof that the applicant or licensee [has effective public liability insurance coverage] is covered by a policy of insurance for protection against liability to third persons written by an insurance company authorized to do business in this state and providing limits of liability : [in amounts of not less than:]
(a) In amounts not less than $100,000 for the death or injury of one person in any one incident , [.
(b)] $300,000 for the death or injury of two or more persons in any one incident [.
(c)] , and $20,000 for the damage or destruction of property of another in any one incident [.] ; or
(b) In an amount of at least $300,000 for both personal injury or death and the damage or destruction of property.
2. Every licensee shall maintain the insurance [coverage] required by this section . [in full force and effect.] The license of every such licensee is automatically suspended during any period such coverage is not in effect.
3. Proof of [such insurance coverage shall] insurance must be in such form as the board may require.
κ1985 Statutes of Nevada, Page 1340 (CHAPTER 451, AB 302)κ
Sec. 42. NRS 648.140 is hereby amended to read as follows:
648.140 1. Any license obtained [under] pursuant to the provisions of this chapter gives the licensee or any bona fide employee of the licensee authority to engage in the type of business for which he is licensed in any county or city in the State of Nevada, subject to county and city ordinances.
2. [A] Except for polygraphic examiners and interns, a licensee may employ, in connection with [such] his business, as many unlicensed persons as may be necessary, but at all times every licensee is accountable for the good conduct of every person employed by him in connection with [such] his business. Each licensee shall furnish the board with [the name, physical description and photograph of] the information requested by it concerning all unlicensed employees, except clerical personnel, and shall notify the board within 10 days [when] after such employees begin or terminate their employment.
3. The board may by regulation require that [licensees] a licensee pay registration fees for each of [their] his unlicensed employees, except clerical employees, and impose such terms and conditions in connection with those fees as it deems appropriate. The registration fee must not exceed $10 for each unlicensed employee.
4. Each licensee shall report quarterly on forms provided by the board the name of each unlicensed employee employed by him at the time of the report and the name of each unlicensed employee who has left his employ since the date of the last quarterly report. The report required by this subsection is in addition to the reports required by subsection 2.
Sec. 43. NRS 648.146 is hereby amended to read as follows:
648.146 If a licensee fails to renew his license within the time fixed by NRS 648.144, his license [shall be] is automatically forfeited, but may be reinstated within 30 days [of] after the date of the forfeiture upon his compliance with the [rules and] regulations of the board and upon his application [of the licensee and upon the] and payment of [the] a reinstatement fee [provided by this chapter.] of $100. Reinstatement of a forfeited license [shall] does not prohibit the bringing of disciplinary proceedings for any act committed during the period of forfeiture.
Sec. 44. NRS 648.149 is hereby amended to read as follows:
648.149 1. Each licensee shall file in writing with the board the address of each branch office [, and within] and pay to the board an annual fee of $50 for each branch office registered. Within 10 days after the establishment, closing or changing of location of a branch office , a licensee shall notify the board in writing of [such] that fact.
2. Upon the application of a licensee and the prepayment of the fee, the board may issue a certificate for a branch office . [certificates.]
Sec. 45. NRS 648.150 is hereby amended to read as follows:
648.150 The board may discipline any licensee for any of the following causes:
κ1985 Statutes of Nevada, Page 1341 (CHAPTER 451, AB 302)κ
1. Conviction of a felony or of any offense involving moral turpitude.
2. Violation of any of the provisions of this chapter [.] or of a regulation adopted pursuant thereto.
3. A false statement by the licensee that any person is or has been in his employ.
4. Any unprofessional conduct or unfitness of the licensee or any person in his employ.
5. Any false statement or the giving of any false information in connection with an application for a license or a renewal or reinstatement of a license.
6. Any act in the course of the licensees business constituting dishonesty or fraud.
7. Impersonation or aiding and abetting an employee in the impersonation of a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
8. During the period between the expiration of a license for the failure to renew within the time fixed by this chapter and the reinstatement of [such] the license, the commission of any act which would be a cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
9. Willful failure or refusal to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
10. Commission of assault, battery or kidnaping.
11. Knowing violation of any court order or injunction in the course of business as a licensee.
12. Any act which is a ground for denial of an application for a license under this chapter.
13. Willfully aiding or abetting a person in a violation of a provision of this chapter or a regulation adopted pursuant thereto.
Sec. 46. NRS 648.170 is hereby amended to read as follows:
648.170 1. [Before imposing any disciplinary order, the board shall, at least 10 days before the date set for hearing, notify the licensee or applicant in writing of any charges made. The notice may be served by delivery of it personally to the accused or by mailing it by registered or certified mail to the place of business last theretofore specified by the accused as registered with the board.
2.] The complaint referred to in NRS 648.160 must be a written statement of charges which must set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It must specify the statute or regulation which the respondent is alleged to have violated, but must not consist merely of charges raised in the language of the statute or regulation.
2. Upon the filing of the complaint, the board shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at his address on file with the board.
κ1985 Statutes of Nevada, Page 1342 (CHAPTER 451, AB 302)κ
3. Except as provided in subsection 4, the respondent must answer within 20 days after the service of the complaint. In his answer the respondent:
(a) Must state in short and plain terms his defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations he is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the board, but the board may order a hearing even if the respondent waives his right to a hearing.
4. Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The board may take action based on such an admission and on other evidence without further notice to the respondent. If the board takes action based on such an admission, it shall include in the record which evidence was the basis for the action.
5. The board shall determine the time and place of the hearing as soon as reasonably practical after receiving the respondents answer. The board shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the hearing.
6. The board may delegate the authority to conduct one or more disciplinary hearings to a hearing officer. If it does so, the hearing officer shall within 30 days after the date of a hearing submit findings of fact and proposed conclusions of law and recommendations to the board for its determinations.
[3.] 7. At the time and place fixed in the notice, the board or the hearing officer shall proceed to hear the charges.
[4. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which hearing has been continued, the board may continue the hearing for a period not to exceed 30 days.]
8. The board or hearing officer may grant a continuance of a hearing upon a showing of good cause.
Sec. 47. NRS 648.175 is hereby amended to read as follows:
648.175 If, after a hearing, the board finds that cause exists for disciplining any licensee, the board may:
1. Revoke the license of [such] the licensee.
2. Suspend the license of [such] the licensee for not more than 1 year [.] for each violation.
3. Fine [such] the licensee not more than $1,000 [.] for each violation.
κ1985 Statutes of Nevada, Page 1343 (CHAPTER 451, AB 302)κ
4. Suspend an order [under] authorized by this section upon such terms and conditions as the board considers appropriate.
5. Place [such] the licensee on probation for not more than 2 years upon such terms and conditions as the board considers appropriate.
6. Publicly or privately reprimand [such] the licensee.
Sec. 48. NRS 648.190 is hereby amended to read as follows:
648.190 [This] Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while any such detective or officer is engaged in the performance of his official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while any such officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any person employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists.
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the administrator of financial institutions, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
10. To any bank organized under the laws of this state or to any national bank engaged in banking in this state.
Sec. 49. NRS 648.210 is hereby amended to read as follows:
648.210 [The violation of] A person who violates any of the provisions of NRS 648.060 to 648.200, inclusive [:] , and sections 8 to 26, inclusive, of this act:
1. For the first violation is guilty of a misdemeanor.
2. For the second and subsequent violations, is guilty of a gross misdemeanor.
κ1985 Statutes of Nevada, Page 1344 (CHAPTER 451, AB 302)κ
Sec. 50. NRS 648.090, 648.130 and 648A.010 to 648A.290, inclusive, are hereby repealed.
________
Senate Bill No. 126Committee on Commerce and Labor
CHAPTER 452
AN ACT relating to financial institutions; requiring notification of the administrator of certain transfers of stock; requiring his approval for certain other transfers of stock; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645B.095 is hereby amended to read as follows:
645B.095 1. As used in this section, change of control means:
(a) A transfer of voting stock which results in giving a person, directly or indirectly, the power to direct the management and policy of a mortgage company; or
(b) A transfer of at least [10] 25 percent of the outstanding voting stock of a mortgage company.
2. The administrator must be notified of a transfer of 5 percent or more of the outstanding voting stock of a mortgage company and must approve a transfer of voting stock of a mortgage company which constitutes a change of control.
3. The [owner, president, chief executive officer or a partner] person who acquires stock resulting in a change of control of the mortgage company shall apply to the administrator for approval of [a transfer of voting stock in his mortgage company which constitutes a change of control.] the transfer. The application must contain information which shows that the requirements of this chapter for obtaining a license will be satisfied after the change of control. Except as provided in subsection 4, the administrator shall conduct an investigation to determine whether those requirements will be satisfied. If, after the investigation, the administrator denies the application, he may forbid the applicant from participating in the business of the mortgage company.
4. A mortgage company may submit a written request to the administrator to waive an investigation pursuant to subsection 3. The administrator may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 2. Chapter 649 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A collection agency shall immediately notify the administrator of any change:
κ1985 Statutes of Nevada, Page 1345 (CHAPTER 452, SB 126)κ
(a) Of the manager of the agency; or
(b) If the agency is a corporation, in the ownership of 5 percent or more of its outstanding voting stock.
2. An application must be submitted to the administrator, pursuant to NRS 649.095, by:
(a) The person who replaces the manager; and
(b) A person who acquires:
(1) At least 25 percent of the outstanding voting stock of an agency; or
(2) Any outstanding voting stock of an agency if the change will result in a change in the control of the agency.
Except as provided in subsection 4, the administrator shall conduct an investigation to determine whether the applicant has the competence, experience, character and qualifications necessary for the licensing of a collection agency. If the administrator denies the application, he may in his order forbid the applicant from participating in the business of the collection agency.
3. The collection agency with which the applicant is affiliated shall pay such expenses incurred in the investigation as the administrator deems necessary. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
4. A collection agency may submit a written request to the administrator to waive an investigation pursuant to subsection 2. The administrator may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 3. NRS 661.125 is hereby amended to read as follows:
661.125 1. As used in this section, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of the bank, or a change in the ownership of as much as [10] 25 percent of the outstanding voting stock in any bank.
2. [Whenever a change occurs in] If there is a change in ownership of 5 percent or more of the outstanding voting stock of any bank , [which will result in a change of control of the bank,] the president or other chief executive officer of [such] the bank shall report [such] the facts to the administrator within 24 hours after obtaining knowledge of [such change in the control of the bank.] the change.
3. Whenever a loan or loans are made by a bank, which loan or loans are, or are to be, secured by 10 percent or more of the voting stock of a Nevada bank, the president or other chief executive officer of the bank which makes the loan or loans shall report [such] that fact to the administrator within 24 hours after obtaining knowledge of [such] the loan or loans, except when the borrower has been the owner of record of the stock for a period of 1 year or more, or the stock is of a newly organized bank [prior to] before its opening.
κ1985 Statutes of Nevada, Page 1346 (CHAPTER 452, SB 126)κ
4. The reports required in subsections 2 and 3 must be in addition to any reports required by any other law and must contain whatever information is available to inform the administrator of the effect of the transaction upon control of the bank whose stock is involved, and must contain, when known by the person making the report:
(a) The number of shares involved;
(b) The identity of the sellers or transferors and purchasers or transferees of record;
(c) The identity of the beneficial owners of the shares involved;
(d) The purchase price;
(e) The total number of shares owned by the sellers or transferors and purchasers or transferees of record, both immediately [prior to] before and after the transaction being reported;
(f) The total number of shares owned by the beneficial owners of the shares involved, both immediately [prior to] before and after the transaction being reported;
(g) The identity of borrowers;
(h) The name of the bank issuing the stock securing the loan; and
(i) The number of shares securing the loan and the amount of the loan or loans.
5. Each bank shall report to the administrator within 24 hours any changes in chief executive officers or directors, including in its report a statement of the past and current business and professional affiliations of new chief executive officers or directors. Any new chief executive officer shall furnish to the administrator a complete financial statement as may be required by the administrator.
6. An application pursuant to NRS 659.045 must be submitted to the administrator by the person who acquires stock resulting in a change of control of the bank. Except as provided in subsection 8, the administrator shall conduct an investigation to determine whether the character, general fitness and responsibility of the applicant is such as to command the confidence of the community in which the bank is located.
7. The bank with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the administrator requires. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by NRS 232.285. If the administrator denies the application, he may forbid the applicant from participating in the business of the bank.
8. A bank may submit a written request to the administrator to waive an investigation pursuant to subsection 6. The administrator may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 4. Chapter 673 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An association shall immediately notify the administrator of any change or proposed change in ownership of the associations stock which would result in any person, including a business trust, obtaining 5 percent or more of the associations outstanding capital stock.
κ1985 Statutes of Nevada, Page 1347 (CHAPTER 452, SB 126)κ
which would result in any person, including a business trust, obtaining 5 percent or more of the associations outstanding capital stock.
2. An application must be submitted to the administrator, pursuant to NRS 673.080, by a person who acquires:
(a) At least 25 percent of an associations outstanding stock; or
(b) Any outstanding stock of an association if the change will result in a change in the control of the association.
Except as provided in subsection 4, the administrator shall conduct an investigation to determine whether the character and responsibility of the applicant is such as to command the confidence of the community in which the association is located. If the administrator denies the application, he may forbid the applicant from participating in the business of the association.
3. The association with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the administrator requires. All money received by the administrator pursuant to this section must be placed in the investigative fund created by NRS 232.285.
4. A savings and loan association may submit a written request to the administrator to waive an investigation pursuant to subsection 1. The administrator may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 5. Chapter 676 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A licensee shall immediately notify the administrator of any change in the ownership of 5 percent or more of the outstanding voting stock of the licensee.
2. An application must be submitted to the administrator, pursuant to NRS 676.120, by a person who acquires:
(a) At least 25 percent of a licensees outstanding voting stock; or
(b) Any outstanding voting stock of a licensee if the change will result in a change in the control of the licensee.
Except as provided in subsection 4, the administrator shall conduct an investigation to determine whether the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter. If the administrator denies the application, he may forbid the applicant from participating in the business of the licensee.
3. The licensee with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the administrator requires. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
4. A licensee may submit a written request to the administrator to waive an investigation pursuant to subsection 2. The administrator may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
κ1985 Statutes of Nevada, Page 1348 (CHAPTER 452, SB 126)κ
Sec. 6. NRS 677.420 is hereby amended to read as follows:
677.420 [Every licensee shall notify the administrator of every change in the officers, directors and managing personnel of the company and of each branch of the company within 15 days of such change. Such report must include a complete identification of each person.]
1. A licensee shall immediately notify the administrator of any change in the ownership of 5 percent or more of the outstanding voting stock of the licensee.
2. An application for approval must be submitted to the administrator by a person who acquires:
(a) At least 25 percent of a licensees outstanding voting stock; or
(b) Any outstanding voting stock of a licensee if the change will result in a change in the control of the licensee.
Except as provided in subsection 4, the administrator shall conduct an investigation in accordance with NRS 677.180. If the administrator denies the application, he may forbid the applicant from participating in the business of the licensee.
3. The licensee with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the administrator requires. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
4. A licensee may submit a written request to the administrator to waive an investigation pursuant to subsection 2. The administrator may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 402Committee on Natural Resources, Agriculture and Mining
CHAPTER 453
AN ACT relating to wildlife; changing the term of office for members of the county game management boards; providing penalties; authorizing the issuance of nondistinguishing plates for three exempt vehicles of the department of wildlife; increasing the reward for information leading to the arrest and conviction of persons violating certain laws; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who unlawfully kills or possesses a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag is guilty of a gross misdemeanor.
κ1985 Statutes of Nevada, Page 1349 (CHAPTER 453, AB 402)κ
bear without a valid tag is guilty of a gross misdemeanor. This subsection does not prohibit the killing of such an animal if necessary to protect the life or property of any person in imminent danger of being attacked by such an animal.
2. Any vessel, vehicle, aircraft or other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring or purchasing of wildlife in violation of subsection 1 for which a gross misdemeanor conviction is obtained is subject to forfeiture to the state if:
(a) The owner of the vessel, vehicle, aircraft or equipment was at the time of the violation a consenting party or privy thereto, or in the exercise of due care, should have known that such vessel, vehicle, aircraft or other equipment would be used in violation of subsection 1; and
(b) The violation involved the:
(1) Intent to sell or purchase wildlife;
(2) Offer to sell or purchase wildlife; or
(3) Sale or purchase of wildlife.
Sec. 2. NRS 501.010 is hereby amended to read as follows:
501.010 As used in this Title, board means the county [game management board.] advisory board to manage wildlife.
Sec. 3. NRS 501.023 is hereby amended to read as follows:
501.023 As used in this Title, county, when appearing alone or in the reference framework of county [game management board, county fish and game fund,] advisory board to manage wildlife, board of county commissioners or any county officer, includes and applies to Carson City.
Sec. 4. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to [such] policy matters.
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife; the entry, access to, and occupancy and use of such property, including leases of grazing rights; sale of agricultural products; and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
κ1985 Statutes of Nevada, Page 1350 (CHAPTER 453, AB 402)κ
timber is located for wildlife management or for hunting or fishing thereon.
(d) The control of nonresident hunters.
(e) The introduction, transplanting or exporting of wildlife.
(f) Cooperation with federal, state and local agencies on wildlife and boating programs.
(g) The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.
(h) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. [Such] The regulations must be established after first considering the recommendations of the department, the county [game management] advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the department to make public, [prior to] before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
Sec. 5. NRS 501.260 is hereby amended to read as follows:
501.260 1. There is hereby created a county [game management] advisory board to manage wildlife in each of the several counties.
2. Each [county] board consists of three members.
3. A chairman [shall] must be selected by each board.
Sec. 6. NRS 501.265 is hereby amended to read as follows:
501.265 1. [Each member of the board shall be appointed by] Within 60 days after a vacancy occurs, the board of county commissioners shall appoint a member to the board upon the recommendation of the organized sportsmen of the county [.
2. The names and addresses of the members so appointed shall be reported to the commission by the board of county commissioners.] and any resident of that county.
κ1985 Statutes of Nevada, Page 1351 (CHAPTER 453, AB 402)κ
2. Within 90 days after a vacancy occurs, the board of county commissioners shall report to the commission the name and address of each member appointed.
Sec. 7. NRS 501.270 is hereby amended to read as follows:
501.270 The members of the [county board shall] board must be citizens of Nevada and [actual,] bona fide residents of the county from which appointed.
Sec. 8. NRS 501.275 is hereby amended to read as follows:
501.275 1. The boards of county commissioners shall appoint members to the boards of their respective counties.
2. Each member appointed shall serve a term of [4] 3 years.
Sec. 9. NRS 501.285 is hereby amended to read as follows:
501.285 Members of the [county] board shall serve without salary or compensation.
Sec. 10. NRS 501.290 is hereby amended to read as follows:
501.290 The board shall meet [quarterly at least 30 days prior to each quarterly meeting of the commission] before those meetings of the commission at which seasons, bag limits or hours are to be established and at such other times as the chairman may call or the commission may request.
Sec. 11. NRS 501.293 is hereby amended to read as follows:
501.293 [County board members] Members of boards may be removed by the boards of county commissioners of the counties served for cause, including, but not limited to, absences from three consecutive, duly called [county] board meetings, unless excused by their respective board chairmen.
Sec. 12. NRS 501.297 is hereby amended to read as follows:
501.297 [County] The boards shall solicit and evaluate local opinion and advise the commission on matters relating to the management of wildlife within their respective counties.
Sec. 13. NRS 501.303 is hereby amended to read as follows:
501.303 1. [County] The boards shall submit [season recommendations on fishing and hunting,] recommendations for setting seasons for fishing, hunting and trapping, which must be considered by the commission in its deliberation on and establishment of regulations covering open or closed seasons, bag limits and hours.
2. The chairman or [county] board member appointed by him shall attend [commission] the meetings of the commission at which seasons are set or bag limits or hours established and is entitled to receive such travel and per diem expenses as are allowed by law.
Sec. 14. NRS 501.310 is hereby amended to read as follows:
501.310 There is hereby created in each of the counties of this state a [county fund to be known as and called the county fish and game fund. The county fish and game fund shall] fund for the advisory board. The fund must be kept in the county treasury, and all [moneys] money received from the department [shall] must be placed in [such] the fund.
κ1985 Statutes of Nevada, Page 1352 (CHAPTER 453, AB 402)κ
Sec. 15. NRS 501.320 is hereby amended to read as follows:
501.320 1. Annually, not later than May 1, each county board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for [the preservation and propagation of fish and game] carrying out its duties as specified in this Title within its county, and submit the budget to the commission accompanied by a statement of the previous years expenditures, certified by the county auditor.
2. The commission shall examine the budget in conjunction with [its technical adviser,] the director or a person designated by him, and may increase, decrease, alter or amend the budget.
3. Upon approval of the budget, the department shall transmit a copy of the approved budget to the [county] board, and at the same time withdraw from the wildlife account within the state general fund and transmit to the [county] board the [sum of] money required under the approved budget for disposition by the [county] board in accordance with the approved budget. All money so received must be placed in the [county fish and game fund.] fund for the advisory board.
Sec. 16. NRS 501.325 is hereby amended to read as follows:
501.325 The county auditors and county treasurers in the respective counties [shall be] are responsible for the safety and preservation of the [county fish and game] fund for the advisory board in their county to the same extent as they are in respect to all other [moneys] money in the county treasury. They shall observe and [be] are bound by the approved budget governing the disposition of the [same] money and shall report their actions currently in connection therewith.
Sec. 16.5. NRS 501.385 is hereby amended to read as follows:
501.385 Except as otherwise provided by specific statute:
1. Any person who:
(a) Performs an act or attempts to perform an act made unlawful or prohibited by a provision of this Title;
(b) Willfully fails to perform an act required of him by a provision of this Title;
(c) Obstructs, hinders, delays or otherwise interferes with any officer, employee or agent of the department in the performance of any duty while enforcing or attempting to enforce any provision of this Title;
(d) Violates any order issued or regulation adopted by the commission under the provisions of this Title; or
(e) Having been granted a privilege or been licensed or permitted to do any act under the provisions of this Title, exercises the grant, license or permit in a manner other than as specified , [therein,]
is guilty of a misdemeanor.
2. [Except as otherwise specifically provided in this Title, every] Every person who is guilty of a misdemeanor under this Title shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ1985 Statutes of Nevada, Page 1353 (CHAPTER 453, AB 402)κ
Sec. 17. NRS 501.388 is hereby amended to read as follows:
501.388 1. The commission may [revoke] :
(a) Revoke any license of any person who is convicted of a violation of NRS 503.050, in addition to the penalty imposed, and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction [.] ; and
(b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag, in addition to the penalty imposed, and may refuse to issue any new license to the convicted person for any period not to exceed 3 years after the date of the conviction.
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the commission.
Sec. 18. NRS 501.395 is hereby amended to read as follows:
501.395 1. The [commission] department may offer a reward for one or more classes of wildlife, not to exceed [$500,] $1,000, for information leading to the arrest and conviction of any person who unlawfully kills or possesses wildlife of the class specified. The reward must be paid for each person so arrested and convicted upon his conviction. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.
2. The commission may adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 19. NRS 502.324 is hereby amended to read as follows:
502.324 The department shall, not later than the 5th calendar day of each regular session of the legislature, submit to it a report summarizing any projects undertaken, receipt and expenditure of [funds] money and public benefits achieved by the program for the sale of state duck [stamp program.] stamps.
Sec. 20. NRS 504.390 is hereby amended to read as follows:
504.390 1. As used in this section, unless the context requires otherwise, guide means to assist another person [or persons] in hunting wild animals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.
2. Every person, firm, partnership or corporation which provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the department.
3. [Every employee of] Each person who assists a person, firm, partnership or corporation, that is required to have a master guide license and acts as a guide in the course of [his employment,] that activity shall obtain a subguide license from the department.
κ1985 Statutes of Nevada, Page 1354 (CHAPTER 453, AB 402)κ
4. Fees for master guide and subguide licenses [shall] must be as provided in NRS 502.240.
5. Any person, firm, partnership or corporation which desires a master guide license [shall] must make application for [such] the license on a form prescribed and furnished by the department. The application [shall] must contain the following information:
(a) The name, age and address of the applicant.
(b) The area [or areas] in which the applicant proposes to operate.
(c) The type [or types] of guiding or packing in which the applicant proposes to engage.
(d) The experience or knowledge which the applicant considers to qualify him to be a guide.
(e) The nature and amount of the equipment, vehicles, animals and other property which the applicant proposes to use in his operations.
(f) If the applicant proposes to furnish transportation, the location of the headquarters from which he proposes to operate.
(g) Such other information and matters as the department may require.
6. Any person who desires a subguide license [shall] must make application for [such] the license on a form prescribed and furnished by the department.
7. If the holder of a master guide license operates with pack or riding animals, he [must] shall also have a grazing or special use permit if he operates in any area where such a permit is required.
8. The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons. Such information [shall] must be furnished to the department on request.
9. If any licensee under this section, or person served by [such] a licensee, is convicted of a violation of any provision of this Title, the department may immediately revoke the license of the licensee and may refuse issuance of another license to the licensee for a period of 2 years from the date of conviction.
10. The commission may establish regulations covering the conduct and operation of a guide service.
11. The department may issue master guide and subguide licenses to be valid only in certain districts in such manner as may be determined by commission regulations.
Sec. 21. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
κ1985 Statutes of Nevada, Page 1355 (CHAPTER 453, AB 402)κ
used exclusively for the purpose for which it was exempted from the privilege and use tax.
2. License plates furnished for:
(a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the department of prisons, three automobiles used by the department of wildlife, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;
(c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District [attorney] attorneys offices;
(6) [Sheriff] Sheriffs offices; and
(7) Police departments in the state,
must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $5.50 per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph [may] must not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
5. For the purposes of this section, exempt vehicle means a vehicle exempt from the privilege tax, except one owned by the United States.
κ1985 Statutes of Nevada, Page 1356 (CHAPTER 453, AB 402)κ
vehicle exempt from the privilege tax, except one owned by the United States.
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 22. NRS 616.077 is hereby amended to read as follows:
616.077 Members of the county [game management boards,] advisory boards to manage wildlife who serve without compensation pursuant to the provisions of NRS 501.285, while engaged in their designated duty as [such] members, shall be deemed [,] for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, [shall be] are entitled to receive the benefits of this chapter upon the [county game management] boards complying therewith.
Sec. 23. NRS 501.025 and 501.280 are hereby repealed.
Sec. 24. 1. The attorney general shall attempt to initiate negotiations with representatives of the states of Arizona and California to draft a compact or compacts between this state and each of the other states to provide:
(a) For cooperation in the enforcement of criminal laws and regulations for boating safety on the rivers and lakes forming the boundary between this state and Arizona and California; and
(b) Concurrent jurisdiction for the courts of this state and each of the other states for criminal offenses committed on the waterway forming the boundary between the states.
2. The attorney general shall submit to the 63rd or 64th session of the legislature as recommended legislation any compact or compacts negotiated pursuant to subsection 1.
Sec. 25. 1. The terms of all members of the county game management boards appointed before November 1, 1985, expire on November 1, 1985.
2. On or before January 1, 1986, the board of county commissioners of each county shall appoint members to the county advisory board to manage wildlife for that county as follows:
(a) One member whose term expires December 31, 1986.
(b) One member whose term expires December 31, 1987.
(c) One member whose term expires December 31, 1988.
3. Until November 1, 1985, the members of the respective county game management boards shall perform the duties of the respective county advisory boards to manage wildlife.
________
κ1985 Statutes of Nevada, Page 1357κ
Senate Bill No. 136Committee on Human Resources and Facilities
CHAPTER 454
AN ACT relating to health care; creating a division for review of health resources and costs in the department of human resources; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Administrator means the administrator of the division.
Sec. 3. Division means the division for review of health resources and costs of the department of human resources.
Sec. 4. Practitioner means a physician licensed under chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, pharmacist or other person whose principal occupation is the provision of services for health.
Sec. 5. The director shall contract with the University of Nevada System to collect and analyze information from health facilities and purchasers of health care to:
1. Respond to requests for information from the legislature.
2. Provide technical assistance to purchasers of health care.
3. Provide the department with information necessary to carry out the provisions of chapter 439A of NRS.
4. Provide other persons with information relating to the cost of health care.
Sec. 6. The director shall:
1. Establish procedures for the review of all statutes, regulations and standards governing the approval, licensing or certification of health facilities. The procedures must provide for participation in the review by providers of health care and the general public.
2. Before December 31 of each even-numbered year, prepare a report to the governor and the legislature identifying any statutes, regulations and standards which add to the cost of health care without providing a significant benefit and the action which has been taken or is required to eliminate any such statutes, regulations and standards.
Sec. 7. Any project related to a health maintenance organization is not exempt from review pursuant to NRS 439A.100 unless it is subject to review pursuant to 42 U.S.C. § 300m-6.
Sec. 8. NRS 439A.010 is hereby amended to read as follows:
439A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 439A.011 to [439A.019,] 439A.018, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
κ1985 Statutes of Nevada, Page 1358 (CHAPTER 454, SB 136)κ
Sec. 9. NRS 439A.015 is hereby amended to read as follows:
439A.015 Health facility means a facility in or through which health services are provided [. The term includes a:
1. Facility for rehabilitation of inpatients;
2. Facility for treatment of end-stage renal disease;
3. Freestanding unit for hemodialysis;
4. Home health agency;
5. Hospital;
6. Institution for treatment of tuberculosis;
7. Intermediate care facility;
8. Psychiatric hospital;
9. Skilled nursing facility; or
10. Surgical center for ambulatory patients.] , except for the office of a practitioner used solely to provide routine services for health to his patients. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility. For the purposes of this section office of a practitioner solely to provide routine services for health to his patients does not include:
1. A facility which is or will be qualified to receive reimbursement, other than for the services of a practitioner, as a health facility from any public agency.
2. A facility which contains or will contain medical equipment which meets the threshold for review of costs pursuant to paragraph (d) of subsection 2 of NRS 439A.100.
Sec. 10. NRS 439A.020 is hereby amended to read as follows:
439A.020 The [state health coordinating council is hereby created] purposes of this chapter are to:
1. Promote equal access to quality health care at a reasonable cost;
2. Promote an adequate supply and distribution of health resources;
3. Promote uniform, effective methods of delivering health care;
4. Promote and encourage the adequate distribution of health and care facilities and manpower;
5. Promote and encourage the effective use of methods for controlling increases in the cost of health care;
6. Encourage participation in health planning by members of the several health professions, representatives of institutions and agencies interested in the provision of health care [,] and the reduction of the cost of such care, and the general public;
7. Utilize the viewpoint of the general public for making decisions; [and]
8. Encourage public education regarding proper personal health care and methods for the effective use of available health services [.] ; and
9. Promote a program of technical assistance to purchasers to contain effectively the cost of health care, including:
κ1985 Statutes of Nevada, Page 1359 (CHAPTER 454, SB 136)κ
(a) Providing information to purchasers regarding the charges made by practitioners.
(b) Training purchasers to negotiate successfully for a policy of health insurance.
(c) Conducting studies and providing other information about measures to assist purchasers in containing the cost of health care.
Sec. 11. NRS 439A.030 is hereby amended to read as follows:
439A.030 1. The state health coordinating council is hereby created. The council consists of at least [7] seven members appointed by the governor. [Not less than 50 nor more than] Between 50 and 60 percent of the members of the council must be persons who are recipients of health services and not providers of health services.
2. Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency, [not less than 50 nor more than] between 50 and 60 percent must be persons who are recipients of health services and not providers of health services.
3. If one or more hospitals or other health care facilities of the Veterans Administration are located in the state, the council shall, in addition to the appointed members, include as a nonvoting member a person whom the Chief Medical Director of the Veterans Administration designates as a representative of such a facility or facilities.
4. The council shall select a chairman from among its members.
5. The council may meet regularly at least once in each calendar quarter of a year.
Sec. 12. NRS 439A.081 is hereby amended to read as follows:
439A.081 1. The department [shall act as the agency for state health planning and development for the purposes of the Federal Act. As that state agency, the department:
(a) Shall carry out the state administrative program and perform the functions of health planning and development for the state as prescribed in the Federal Act;
(b) Shall consult with and assist the council; and
(c) May accept and disburse money granted by the Federal Government pursuant to the Federal Act.
2. The director may establish within the department an office of health planning and resources, consisting of employees in the classified service, which shall:
(a) Perform health planning functions.
(b) Carry out the functions of the department as the state agency under the Federal Act.] is the agency of the State of Nevada for health planning and development, and shall carry out the state administrative program and perform the functions of health planning and development for the state in accordance with the following priorities:
(a) Providing for the effective use of methods for controlling increases in the cost of health care;
κ1985 Statutes of Nevada, Page 1360 (CHAPTER 454, SB 136)κ
(b) Providing for the adequate supply and distribution of health resources;
(c) Providing for equal access to quality health care at a reasonable cost; and
(d) Providing the public education regarding proper personal health care and methods for the effective use of available health services.
The department shall consult with and assist the council.
2. In order to carry out the provisions of this chapter, the director may:
(a) Delegate the duties of the director and the department pursuant to this chapter to the administrator and the division;
(b) Hire employees in the classified service;
(c) Adopt such regulations as are necessary; and
(d) Apply for, accept and disburse money granted by the Federal Government for the purposes of health planning and development, including grants made pursuant to the Federal Act.
3. The department may [:
(a) Adopt such regulations as are necessary to carry out the provisions of this chapter.
(b) By] , by regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of any such fees must be based upon the departments costs of examining and acting upon the applications.
[(c) Require providers of health services doing business in the state to make statistical and other reports appropriate to the performance of its duties under this chapter. The information required to be included in the reports must be mutually agreed upon by the director, the health systems agencies and representatives of the providers of health care who are affected.]
4. In developing and revising any state plan for health planning and development, the department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for health planning and development.
Sec. 13. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. [No] Except as provided in section 7 of this act, no person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.
2. The projects for which this approval is required are as follows:
(a) Any proposed expenditure by or on behalf of a health facility [or health maintenance organization] in excess of [$600,000,] the greater of $714,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
κ1985 Statutes of Nevada, Page 1361 (CHAPTER 454, SB 136)κ
of $714,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
(b) A proposal which increases the number of licensed or approved beds in a health facility through the addition of [ten] 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility , [or organization,] whichever is less, over a period of 2 years;
(c) The proposed addition [of any health service to be offered in or through a health facility or health maintenance organization, if the addition:
(1) Involves a capital expenditure for a service which was not offered on a regular basis in or through the facility or organization during the previous 12 months; or
(2) Would entail an annual operating expenditure in excess of $250,000, or such an amount as the department may specify by regulation;] , expansion or consolidation of any health service to be offered in or through a health facility which was not offered on a regular basis in the previous 12 months if the addition, expansion or consolidation:
(1) Involves a capital expenditure in excess of $100,000, or such an amount as the department may specify by regulation; or
(2) Would entail an annual operating expense for providing the service in excess of $297,500, or such an amount as the department may specify by regulation, whichever is greater;
(d) The proposed acquisition of any medical equipment which would cost more than $400,000, or such an amount as the department may specify by regulation, [and which would be owned by or located at a health facility;
(e) The proposed acquisition of any item of medical equipment which would cost more than $400,000, or such an amount as the department may specify by regulation, which would not be owned by or located at a health facility, if the owner does not, within a period specified by regulation of the department, notify it of his intention to purchase the equipment, or the department finds within 30 days after the date it receives such notice that the equipment will be used to provide services for inpatients of hospitals on more than an occasional basis; and
(f)] whichever is greater;
(e) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds or the health services offered [.] ; and
(f) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph (c).
κ1985 Statutes of Nevada, Page 1362 (CHAPTER 454, SB 136)κ
3. [Upon receiving] In reviewing an application for approval, the director [or office shall consider any recommendation of a health systems agency. A decision to approve or disapprove the application must generally be based on the need for services, utilizing criteria, established by the department by regulation, which are consistent with the purposes set forth in NRS 439A.020 and with the goals and priorities of the health plans developed pursuant to the Federal Act. The director may base his decision upon the recommendation of his staff concerning the need for services.] shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area;
(b) Consider any recommendation of a health systems agency; and
(c) Base his decision on criteria established by the director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The extent to which the project is consistent with the state health plan;
(3) The financial feasibility of the project;
(4) The effect of the project on the cost of health care; and
(5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
4. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.
5. The decision of the director is a final decision for the purposes of judicial review.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 449.370 is hereby amended to read as follows:
449.370 1. The state department shall afford to every applicant for assistance for a construction project an opportunity for a fair hearing before the state department [or its office of health planning and resources] upon 10 days written notice to the applicant.
2. If the state department, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that [a project] an application is in conformity with the state plan, the state department shall approve the application and shall recommend and forward it to the federal agency.
3. The state department shall consider and forward applications in the order of relative need set forth in the state plan.
Sec. 16. NRS 449.450 is hereby amended to read as follows:
449.450 The following terms, wherever used or referred to in NRS [449.440] 449.450 to 449.530, inclusive, have the following meaning unless a different meaning clearly appears in the context:
κ1985 Statutes of Nevada, Page 1363 (CHAPTER 454, SB 136)κ
1. Administrator means the administrator of the division.
2. Admitted health insurer means an insurer authorized to transact health insurance in this state under a certificate of authority issued by the commissioner [.
2. Commissioner means the commissioner of insurance.
3. Health and care facility] of insurance.
3. Department means the department of human resources.
4. Director means the director of the department.
5. Division means the division for review of health resources and costs of the department.
6. Institution means any person, [institution,] place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities.
Sec. 17. NRS 449.460 is hereby amended to read as follows:
449.460 The [commissioner] director may:
1. Adopt [, amend and repeal rules and] regulations respecting the exercise of the powers conferred by NRS [449.440] 449.450 to 449.530, inclusive.
2. Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the cost of services in all institutions subject to the provisions of NRS [449.440] 449.450 to 449.530, inclusive, and may subpena witnesses, financial papers, records and documents in connection therewith. The [commissioner] director may also administer oaths in any hearing or investigation.
3. Exercise, subject to the limitations and restrictions imposed in NRS [449.440] 449.450 to 449.530, inclusive, all other powers which are reasonably necessary to carry out the expressed objects of [such] those sections.
4. Delegate to the administrator the authority to carry out the provisions of NRS 449.450 to 449.530, inclusive.
Sec. 18. NRS 449.465 is hereby amended to read as follows:
449.465 The [commissioner] director may, by regulation, impose fees upon [health and care facilities and] admitted health insurers to cover the costs of carrying out the provisions of NRS [449.440] 449.450 to 449.530, inclusive. [The fee schedule established by the commissioner must, as nearly as practicable, provide for the payment of one-half of those costs by health and care facilities and one-half by admitted health insurers.] The maximum amount of fees collected must not exceed the amount authorized by the legislature in each biennial budget.
Sec. 19. NRS 449.470 is hereby amended to read as follows:
449.470 In carrying out the duties prescribed in NRS [449.440] 449.450 to 449.530, inclusive, the [commissioner] director may utilize his own staff or may contract with any appropriate, independent and qualified organization.
κ1985 Statutes of Nevada, Page 1364 (CHAPTER 454, SB 136)κ
qualified organization. Such a contractor shall not release or publish or otherwise use any information made available to it under its contractual responsibility unless [such] permission is specifically granted by the [commissioner.] director.
Sec. 20. NRS 449.490 is hereby amended to read as follows:
449.490 1. Every [health and care facility] institution which is subject to the provisions of NRS [449.440] 449.450 to 449.530, inclusive, shall file with the [commissioner] department the following financial statements or reports in a form and at intervals specified by the [commissioner] director but at least annually:
(a) A balance sheet detailing the assets, liabilities and net worth of the institution for its fiscal year; and
(b) A statement of income and expenses for the fiscal year.
2. The [annual financial statements filed pursuant to this section shall be prepared in accordance with the system of accounting and reporting adopted under NRS 449.480. The commissioner] director shall require the certification of specified financial reports by the institutions certified public accountant and may require attestations from responsible [officials] officers of the institution that [such reports have] the reports are, to the best of their knowledge and belief [been prepared in accordance with the prescribed system of accounting and reporting.] , accurate and complete.
3. The [commissioner] director shall require the filing of all reports by specified dates, and may adopt regulations which assess penalties for failure to file as required, but he shall not require the submission of [any] a final annual report sooner than 6 months after the close of the fiscal year, and may grant extensions to [facilities] institutions which can show that the required information is not available on the required reporting date.
4. All reports, except privileged medical information, filed under any provisions of NRS [449.440] 449.450 to 449.530, inclusive, are open to public inspection and [shall] must be available for examination at the office of the [commissioner] department during regular business hours.
Sec. 21. NRS 449.500 is hereby amended to read as follows:
449.500 The [commissioner] director shall engage in or carry out analyses and studies relating to the cost of health care [costs] in Nevada and other [western] states, the financial status of any institution subject to the provisions of NRS [449.440] 449.450 to 449.530, inclusive, and any other appropriate related matters, and he may publish and disseminate any information relating to the financial aspects of health care as he deems desirable in the public interest and in accordance with the provisions of NRS [449.440] 449.450 to 449.530, inclusive. He shall further require the filing of information concerning the total financial needs of each institution and the resources available or expected to become available to meet such needs, including but not limited to the effect of proposals made by comprehensive areawide and state health planning agencies.
κ1985 Statutes of Nevada, Page 1365 (CHAPTER 454, SB 136)κ
state health planning agencies. [Such information shall] The information must be divided into at least the following components of an institutions expenses:
1. Operating expenses related to patient care.
2. Expenses incurred for rendering services to patients for whom payment is not made in full including, but not limited to, the separate expenses for contractual allowances imposed by federal or state law, charity care and uncollectible accounts.
3. All incurred interest charges on indebtedness for both capital and operating needs.
4. Costs of education , both primary and continuing.
5. Expenses for research related to patient care.
6. Depreciation expenses of both property and equipment.
7. Amortization of incurred capital and operating related indebtedness.
8. Requirements for capital expenditures for replacement, modernization, renovation and expansion of services and facilities.
9. Requirements for necessary working capital, including but not limited to operating cash, patients accounts receivable and inventories.
10. Federal, state and local taxes not ordinarily considered operating expenses where applicable.
11. Operating surpluses necessary for a fair return to their owners equal to returns on investments in industries of comparable risk, or for the purpose of assuring continuity of operation and prudent management.
Sec. 22. NRS 449.510 is hereby amended to read as follows:
449.510 The [commissioner] director shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with [the commissioner] him under NRS [449.440] 449.450 to 449.530, inclusive, as will advance the purposes of [such] those sections. All such summaries, compilations and reports are open to public inspection [and shall] , must be made available to requesting agencies and [shall] must be prepared within a reasonable time following the end of each institutions fiscal year or more frequently as specified by the [commissioner.] director.
Sec. 23. NRS 449.520 is hereby amended to read as follows:
449.520 On or before October 1 [, 1984, and every year thereafter, the commissioner] of each year, the director shall prepare and transmit to the governor and the interim finance committee a report of the [commissioners] departments operations and activities for the preceding fiscal year. This report must include copies of all summaries, compilations and supplementary reports required by NRS [449.440] 449.450 to 449.530, inclusive, together with such facts, suggestions and policy recommendations as the [commissioner] director deems necessary.
Sec. 24. NRS 449.530 is hereby amended to read as follows:
449.530 The [commissioner] director may impose upon the [health and care facilities] institutions subject to supervision under NRS [449.440] 449.450 to 449.530, inclusive, an administrative fine not exceeding [$100] $500 per day for each violation of any of the provisions of NRS [449.440] 449.450 to 449.530, inclusive.
κ1985 Statutes of Nevada, Page 1366 (CHAPTER 454, SB 136)κ
exceeding [$100] $500 per day for each violation of any of the provisions of NRS [449.440] 449.450 to 449.530, inclusive.
Sec. 25. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department consists of a director and the following divisions:
(a) Aging services division.
(b) Division for review of health resources and costs.
(c) Health division.
[(c)] (d) Mental hygiene and mental retardation division.
[(d)] (e) Rehabilitation division.
[(e)] (f) Welfare division.
[(f)] (g) Youth services division.
3. The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
Sec. 26. NRS 232.320 is hereby amended to read as follows:
232.320 The director:
1. Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(a) The administrator of the aging services division;
(b) The administrator of the division for review of health resources and costs;
(c) The administrator of the health division;
[(c)] (d) The administrator of the mental hygiene and mental retardation division;
[(d)] (e) The administrator of the rehabilitation division;
[(e)] (f) The state welfare administrator; and
[(f)] (g) The administrator of the youth services division.
2. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427A, inclusive, [and] 431 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Has such other powers and duties as are provided by law.
Sec. 26.5. 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 of Nevada System.
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
κ1985 Statutes of Nevada, Page 1367 (CHAPTER 454, SB 136)κ
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
2. The department of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) [NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;
(b)] Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
[(c)] (b) Chapters 616 and 617 of NRS for the determination of contested claims; and
[(d)] (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada,
prevail over the general provisions of this chapter.
5. 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.
6. The provisions of this chapter do not apply to 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.
Sec. 27. NRS 679B.090 is hereby amended to read as follows:
679B.090 1. The commissioner may employ such other technical, actuarial, rating, clerical and other assistants and examiners as he may reasonably require for execution of his duties, each of whom must be in the classified service of the state.
2. The commissioner may contract for and procure services of examiners and other or additional specialized technical or professional assistance, as independent contractors or for a fee, as he may reasonably require. None of the persons providing those services or assistance on a contract or fee basis may be in the classified service of the state.
[3. The commissioner shall employ or contract with a person who has knowledge and training concerning health and care facilities and the methods used to contain costs at those facilities. Under the supervision of the commissioner, this employee shall perform the commissioners duties under the provisions of NRS 449.440 to 449.530, inclusive, and any other duties concerning health and care facilities or insurance assigned to him by the commissioner.]
Sec. 28. NRS 439A.019, 439A.105, 449.440 and 449.480 are hereby repealed.
κ1985 Statutes of Nevada, Page 1368 (CHAPTER 454, SB 136)κ
Sec. 29. The commissioner of insurance shall transmit all material prepared or compiled pursuant to NRS 449.450 to 449.530, inclusive, to the director of the department of human resources on or before September 1, 1985.
Sec. 30. The legislative counsel shall, in preparing the supplement to NRS, with respect to any section which is not amended by this act or is further amended by another act:
1. Appropriately correct any reference to an officer or agency whose designation is changed by this act, according to the function performed.
2. If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.
________
Assembly Bill No. 199Assemblymen Humke, Stone, Coffin, Zimmer, Rader, Williams, Ham, Swain, Tebbs, Roberts, Beyer, DuBois, Price, Thomas, Nevin, Getto, Jeffrey, Dini, Thompson, Nicholas, Collins, Bergevin, Sedway, Marvel, Malone, Bogaert, McGaughey, Kerns, Francis, Lambert, Banner, Fairchild, Horne and Arberry
CHAPTER 455
AN ACT relating to children; revising provisions for protection from abuse or neglect; and providing other matters properly relating thereto.
[Approved June 3, 1985]
whereas, The legislature finds that there are abused or neglected children within this state who need protection; and
whereas, The legislature finds that there is a need for the prevention, identification and treatment of abuse or neglect of children; and
whereas, It is the purpose of this act to establish judicial procedures to protect the rights of parents and children and to provide a system for the services necessary to protect the welfare and development of abused or neglected children and, if appropriate, to preserve and stabilize the family; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 60, inclusive, of the act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 13, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. 1. Abuse or neglect of a child means:
(a) Physical or mental injury of a nonaccidental nature;
(b) Sexual abuse or sexual exploitation; or
κ1985 Statutes of Nevada, Page 1369 (CHAPTER 455, AB 199)κ
(c) Negligent treatment or maltreatment as set forth in section 16 of this act,
of a child caused or allowed by a person responsible for his welfare under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
2. A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment. This subsection does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62.231.
3. As used in this section, allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.
Sec. 4. Agency which provides protective services means:
1. The local office of the welfare division; or
2. An agency of a county authorized by the court to receive and investigate reports of abuse or neglect,
which provides or arranges for necessary services.
Sec. 5. Child means a person under the age of 18 years.
Sec. 6. Court means the juvenile division of the district court.
Sec. 7. Custodian means a person or a governmental organization, other than a parent or legal guardian, who has been awarded legal custody of a child.
Sec. 8. Mental injury means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of his ability to function within his normal range of performance or behavior.
Sec. 9. Parent means a natural or adoptive parent whose parental rights have not been terminated.
Sec. 10. Physical injury means:
1. Permanent or temporary disfigurement; or
2. Impairment of any bodily function or organ of the body.
Sec. 11. Sexual abuse includes acts upon a child constituting:
1. Incest under NRS 201.180;
2. Lewdness with a child under NRS 201.230;
3. Annoyance or molestation of a child under NRS 207.260;
4. Sado-masochistic abuse under NRS 201.262;
5. Sexual assault under NRS 200.366; and
6. Statutory sexual seduction under NRS 200.368.
Sec. 12. Sexual exploitation includes forcing, allowing or encouraging a child:
1. To solicit for or engage in prostitution;
2. To view a pornographic film or literature; and
3. To engage in:
(a) Filming, photographing or recording on video tape; or
κ1985 Statutes of Nevada, Page 1370 (CHAPTER 455, AB 199)κ
(b) Posing, modeling, depiction or a live performance before an audience,
which involves the exhibition of a childs genitals or any sexual conduct with a child, as defined in NRS 200.700.
Sec. 13. Welfare division means the welfare division of the department of human resources.
Sec. 14. Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child under the provisions of this chapter.
Sec. 15. A person is responsible for a childs welfare under the provisions of this chapter if he is the childs parent, guardian or foster parent, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides.
Sec. 16. Negligent treatment or maltreatment of a child occurs if a child has been abandoned, is without proper care, control and supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for his welfare or his neglect or refusal to provide them when able to do so.
Sec. 17. The welfare division shall:
1. Administer any money granted to the state by the Federal Government under 42 U.S.C. § 5103;
2. Plan and coordinate all protective services provided throughout the state;
3. Provide directly or arrange for other persons or governmental organizations to provide protective services;
4. Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children;
5. Involve communities in the improvement of protective services; and
6. Evaluate all protective services provided throughout the state and withhold money from or revoke the license of any agency providing protective services which is not complying with the regulations adopted by the welfare division.
Sec. 18. The welfare division shall adopt regulations establishing reasonable and uniform standards for:
1. Protective services provided in this state;
2. Programs for the prevention of abuse or neglect of a child;
3. Development of local councils involving public and private organizations;
4. Reports of abuse or neglect, records of these reports and the response to these reports;
κ1985 Statutes of Nevada, Page 1371 (CHAPTER 455, AB 199)κ
5. Management and assessment of reported cases of abuse or neglect;
6. Protection of the legal rights of parents and children;
7. Emergency shelter for a child; and
8. The prevention, identification and correction of abuse or neglect of a child in residential institutions.
Sec. 19. The welfare division shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this state 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency providing protective services in the community where the child is located.
Sec. 20. 1. A child is in need of protection if:
(a) He has been abandoned by a person responsible for his welfare;
(b) He is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of a person responsible for his welfare;
(c) He has been subjected to abuse or neglect by a person responsible for his welfare;
(d) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person; or
(e) He has been placed for care or adoption in violation of law.
2. A child may be in need of protection if the person responsible for his welfare:
(a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity;
(b) Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:
(1) Food, clothing or shelter necessary for the childs health or safety;
(2) Education as required by law; or
(3) Adequate medical care.
Sec. 21. 1. A report must be made immediately to an agency which provides protective services or to a law enforcement agency when there is reason to believe that a child has been abused or neglected. If the report of abuse or neglect of a child involves the acts or omissions of an agency which provides protective services or a law enforcement agency, the report must be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family counselor, alcohol or drug abuse counselor, advanced emergency medical technician-ambulance or other person providing medical services licensed or certified in this state;
κ1985 Statutes of Nevada, Page 1372 (CHAPTER 455, AB 199)κ
family counselor, alcohol or drug abuse counselor, advanced emergency medical technician-ambulance or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; and
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
3. A report may be made by any other person.
4. Any person required to report under this section who has reasonable cause to believe that a child has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings, which must include the information required under the provisions of subsection 2 of section 22 of this act.
Sec. 22. 1. The report required under the provisions of subsection 1 of section 21 of this act may be made verbally, by telephone or otherwise.
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the childs parents or other person responsible for his care;
(c) The nature and extent of the abuse or neglect of the child;
(d) Any evidence of previously known or suspected abuse or neglect of the child or the childs siblings;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides protective services considers necessary.
κ1985 Statutes of Nevada, Page 1373 (CHAPTER 455, AB 199)κ
Sec. 23. Any person who knowingly and willfully violates the provisions of section 21 of this act is guilty of a misdemeanor.
Sec. 24. 1. Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall, within 3 working days, initiate an investigation. A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.
2. An agency which provides protective services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.
Sec. 25. 1. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the childs welfare, interview a child concerning any possible abuse or neglect. The child may be interviewed at any place where he is found. The designee shall, immediately after the conclusion of the interview, if reasonable possible, notify a person responsible for the childs welfare that the child was interviewed, unless the designee determines that such notification would endanger the child.
2. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a childs welfare:
(a) Take or cause to be taken photographs of the childs body, including the areas of trauma; and
(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on a child.
3. Upon the taking of any photographs, X-rays or medical tests pursuant to subsection 2, the person responsible for the childs welfare must be notified immediately if reasonably possible, unless the designee determines such notification would endanger the child. The reasonable cost of these photographs, X-rays or medical tests must be paid by the agency providing protective services if money is not otherwise available.
4. Any photographs or X-rays taken pursuant to subsection 2, or copies thereof, must be sent to the agency providing protective services and to the law enforcement agency participating in the investigation of the report. The photograph or X-ray:
(a) Must be accompanied by a statement indicating the name of the child, the name and address of the person taking the photograph or X-ray and the date the photograph or X-ray was taken;
(b) Is admissible in any proceeding relating to abuse or neglect of the child; and
(c) May be given to the childs parent or guardian if he pays the cost of duplicating them.
Sec. 26. 1. Reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.
2. Any person, law enforcement agency or public agency, institution or facility who or facility who willfully releases data or information concerning such reports and investigations, except:
κ1985 Statutes of Nevada, Page 1374 (CHAPTER 455, AB 199)κ
or facility who or facility who willfully releases data or information concerning such reports and investigations, except:
(a) Pursuant to a criminal prosecution relating to abuse or neglect of a child; and
(b) To persons or agencies enumerated in section 27 of this act,
is guilty of a misdemeanor.
Sec. 27. 1. Data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the childs welfare;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) Any court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but any information identifying the subjects of a report must not be made available to him;
(g) The childs guardian ad litem;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A team organized for the protection of a child pursuant to section 32 of this act;
(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; or
(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:
κ1985 Statutes of Nevada, Page 1375 (CHAPTER 455, AB 199)κ
city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) the officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect.
2. Any person, except for the subject of a report or a district attorney or other law enforcement officer initiating legal proceedings, who is given access, pursuant to subsection 1, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.
3. The welfare division shall adopt regulations to carry out the provisions of this section.
Sec. 28. Each agency which provides protective services shall investigate each report of abuse or neglect received or referred to it to determine:
1. The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the childrens welfare and any other adult living or working in the same household or facility;
2. Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;
3. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and
4. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the childs welfare to care adequately for him.
Sec. 29. The agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the central registry:
1. Identifying and demographic information on the child alleged to be abused or neglected, his parents, any other person responsible for his welfare and the person allegedly responsible for the abuse or neglect;
2. The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted and the severity of the injuries; and
3. The disposition of the case.
Sec. 30. 1. An agency which provides protective services may waive a full investigation of a report of abuse or neglect of a child made by another agency or a person if, after assessing the circumstances, it is satisfied that:
κ1985 Statutes of Nevada, Page 1376 (CHAPTER 455, AB 199)κ
made by another agency or a person if, after assessing the circumstances, it is satisfied that:
(a) The person or other agency who made the report can provide services to meet the needs of the child and the family, and this person or agency agrees to do so; and
(b) The person or other agency agrees in writing to report periodically on the child and to report immediately any threat or harm to the childs welfare.
2. The agency which provides protective services shall supervise for a reasonable period the services provided by the person or other agency pursuant to subsection 1.
Sec. 31. 1. If the agency which provides protective services determines that a child needs protection, but is not in imminent danger from abuse or neglect, it may:
(a) Offer to the parents or guardian a plan for services and inform him that the agency has no legal authority to compel him to accept the plan but that it has the authority to petition the court pursuant to section 49 of this act or to refer the case to the district attorney or a law enforcement agency; or
(b) File a petition pursuant to section 49 of this act and, if a child is adjudicated in need of protection, request that the child be removed from the custody of his parents or guardian or that he remain at home with or without the supervision of the court or of any person or agency designated by the court.
2. If the parent or guardian accepts the conditions of the plan offered by the agency pursuant to paragraph (a) of subsection 1, the agency may elect not to file a petition and may arrange for appropriate services, including medical care, care of the child during the day, management of the home or supervision of the child, his parents or guardian.
Sec. 32. An agency which provides protective service may organize one or more teams for protection of a child to assist the agency in the evaluation and investigation of reports of abuse or neglect of a child, diagnosis and treatment of abuse or neglect and the coordination of responsibilities. Members of the team serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
Sec. 33. 1. A parent or guardian of a child who is in need of protection may place the child with a public agency authorized to care for children or a private institution or agency licensed by the department of human resources to care for such children if:
(a) Efforts to keep the child in his own home have failed; and
(b) The parents or guardian and the agency or institution voluntarily sign a written agreement for placement of the child which sets forth the rights and responsibilities of each of the parties to the agreement.
2. If a child is placed with an agency or institution pursuant to subsection 1, the parent or guardian shall:
κ1985 Statutes of Nevada, Page 1377 (CHAPTER 455, AB 199)κ
(a) If able, contribute to the support of the child during his temporary placement;
(b) Inform the agency or institution of any change in his address or circumstances; and
(c) Meet with a representative of the agency or institution and participate in developing and carrying out a plan for the possible return of the child to his custody, the placement of the child with a relative or the eventual adoption of the child.
3. A parent or guardian who voluntarily agrees to place a child with an agency or institution pursuant to subsection 1 is entitled to have the child returned to his physical custody within 48 hours of a written request to that agency or institution. If that agency or institution determines that it would be detrimental to the best interests of the child to return him to the custody of his parent or guardian, it shall cause a petition to be filed pursuant to section 49 of this act.
4. If the child has remained in temporary placement for 6 consecutive months, the agency or institution shall:
(a) Immediately return the child to the physical custody of his parent or guardian; or
(b) Cause a petition to be filed pursuant to section 49 of this act.
5. The welfare division shall adopt regulations to carry out the provisions of this section.
Sec. 34. If an agency which provides protective services determines that there is no reasonable cause to believe that a child is in need of protection, it shall proceed no further in that matter.
Sec. 35. If the agency which provides protective services determines that further action is necessary to protect a child who is in need of protection, as well as any other child under the same care who may be in need of protection, it may refer the case to the district attorney for criminal prosecution and may recommend the filing of a petition pursuant to section 49 of this act.
Sec. 36. 1. An agent or officer of a law enforcement agency, an officer of the juvenile probation department or a designee of an agency which provides protective services may place a child in protective custody without the consent of the person responsible for the childs welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect. An agency which provides protective services shall request the assistance of a law enforcement agency in the removal of the child if it has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
2. A child placed in protective custody pending an investigation and a hearing held pursuant to section 47 of this act must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for such children, but the child shall not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
κ1985 Statutes of Nevada, Page 1378 (CHAPTER 455, AB 199)κ
for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
3. Any person placing a child in protective custody shall immediately:
(a) Take steps to protect any other child remaining in the home or facility, if necessary;
(b) Make a reasonable effort to inform the person responsible for the childs welfare that the child has been placed in protective custody; and
(c) As soon as practicable, inform the agency which provides protective services and the appropriate law enforcement agency.
Sec. 37. A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected and that he is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides protective services that he is holding the child.
Sec. 38. Immunity from civil or criminal liability extends to every person who in good faith:
1. Makes a report pursuant to the provisions of section 21 of this act;
2. Conducts an interview or allows an interview to be taken pursuant to section 25 of this act;
3. Allows or takes photographs or X-rays pursuant to section 25 of this act;
4. Holds a child pursuant to section 37 of this act or places a child in protective custody;
5. Refers a case or recommends the filing of a petition pursuant to section 35 of this act; or
6. Participates in a judicial proceeding resulting from a referral or recommendation.
Sec. 39. Any person required to report under section 21 of this act may not invoke any of the privileges granted under chapter 49 of NRS:
1. For his failure to report as required under section 21 of this act; or
2. In cooperating with an agency which provides protective services or a guardian ad litem for a child; or
3. In any proceeding held pursuant to sections 42 to 60, inclusive, of this act.
Sec. 40. Nothing in the provisions of NRS 432.100 to 432.130, inclusive, and sections 2 to 60, inclusive, of this act, prohibits an agency which provides protective services from sharing information with other state or local agencies if:
1. The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of a child who has been abused or neglected or of a person responsible for the childs welfare;
2. The other agency has standards for confidentiality equivalent to those of the agency which provides protective services; and
κ1985 Statutes of Nevada, Page 1379 (CHAPTER 455, AB 199)κ
3. Proper safeguards are taken to ensure the confidentiality of the information.
Sec. 41. An agency which provides protective services must receive from the state, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under NRS 432.100 to 432.130, inclusive, and sections 2 to 60, inclusive, of this act.
Sec. 42. 1. The court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.
2. Action taken by the juvenile court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts.
Sec. 43 After a petition is filed that a child is in need of protection pursuant to section 49 of this act, the court shall appoint a representative of an agency which provides protective services, a juvenile probation officer, an officer of the court or a volunteer as a guardian ad litem to represent and protect the best interests of the child. A parent or other person responsible for the childs welfare may not be so appointed. No compensation may be allowed a person serving as guardian ad litem.
Sec. 44. 1. A parent or other person responsible for the childs welfare who is alleged to have abused or neglected a child may be represented by an attorney at all stages of any proceedings under sections 42 to 60, inclusive, of this act. If this person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child.
2. Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 for an attorney appointed to represent a person charged with a crime. An attorney appointed to represent a child may also be appointed as guardian ad litem for the child pursuant to section 43 of this act, unless the attorney requests the appointment of a separate guardian ad litem. He may not receive any compensation for his services as a guardian ad litem.
Sec. 45. Only those persons having a direct interest in the case, as ordered by the judge or master, may be admitted to any proceeding held pursuant to sections 42 to 60, inclusive, of this act.
Sec. 46. in any civil proceeding had pursuant to sections 42 to 60, inclusive, of this act, if there is expert testimony that a physical or mental injury of a child would ordinarily not be sustained or a condition not exist without either negligence or a deliberate but unreasonable act or failure to act by the person responsible for his welfare, the court shall find that the child is in need of protection unless that testimony is rebutted.
κ1985 Statutes of Nevada, Page 1380 (CHAPTER 455, AB 199)κ
Sec. 47. 1. A child taken into protective custody pursuant to section 36 of this act must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being taken into custody, to determine whether the child should remain in protective custody pending further action by the court.
2. Notice of the time and place of the hearing must be given to a parent or other person responsible for the childs welfare:
(a) By personal service of a written notice;
(b) Orally; or
(c) If the parent or other person responsible for the childs welfare cannot be located after a reasonable effort, by posting a written notice on the door of his residence.
3. If notice is given by means of paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to the person at his last known address within 24 hours after the child is placed in protective custody.
Sec. 48. 1. At the commencement of the hearing on protective custody, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
2. If the court finds, as a result of the hearing that there is reasonable cause to believe:
(a) That the child may be harmed if released from protective custody; or
(b) A parent or other person responsible for the childs welfare is not available to care for the child,
the court shall issue an order keeping the child in protective custody pending a disposition by the court.
3. If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order his immediate release.
Sec. 49. 1. An agency which provides protective services:
(a) Shall, within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in section 50 of this act or recommend against any further action in court; or
(b) If a child is not placed in protective custody, may, after an investigation is made under sections 2 to 41, inclusive, of this act, file a petition which meets the requirements set forth in section 50 of this act.
2. If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.
3. If a child has been placed in protective custody and if further action in court is taken, an agency which provides protective services shall make recommendations to the court concerning whether the child should be returned to the person responsible for his welfare pending further action in court.
κ1985 Statutes of Nevada, Page 1381 (CHAPTER 455, AB 199)κ
Sec. 50. 1. A petition alleging that a child is in need of protection may be signed only by:
(a) A representative of an agency which provides protective services;
(b) A law enforcement officer or probation officer; or
(c) The district attorney.
2. The district attorney shall countersign every petition alleging need of protection, and shall represent the petitioner in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the attorney general. If the attorney general determines that a petition should be filed, he shall countersign the petition and shall represent the petitioner in all subsequent proceedings.
3. Every petition must be entitled, In the Matter of _________________, a child, and must be verified by the person who signs it.
4. Every petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in section 42 of this act;
(b) The name, date of birth and address of the residence of the child;
(c) The names and addresses of the residences of his parents and any other person responsible for the childs welfare, and spouse if any. If his parents or other person responsible for his welfare do not reside in this state or cannot be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court; and
(d) Whether the child is in protective custody, and if so, the agency responsible for placing the child in protective custody and the reasons therefor.
5. When any of the facts required by subsection 4 are not known, the petition must so state.
Sec. 51. 1. After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. The summons must advise the parties of their rights to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.
2. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.
3. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.
4. If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides protective services in whose custody the child must remain until the further order of the court.
κ1985 Statutes of Nevada, Page 1382 (CHAPTER 455, AB 199)κ
person serving it shall at once deliver the child to an agency which provides protective services in whose custody the child must remain until the further order of the court.
5. If the person summoned resides in this state, the summons must be served personally. If the person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address.
Sec. 52. 1. An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown.
2. At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.
3. In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.
4. The court may require the child to be present in court at the hearing.
5. If the court finds by a preponderance of the evidence that the child is in need of protection, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.
Sec. 53. 1. If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning the conditions in the childs place of residence, the childs record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case.
2. If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:
(a) A description of the type and appropriateness of the home or institution in which the child could be placed, a plan for assuring that he would receive proper care and a description of his needs;
(b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to assure his permanent placement;
(c) The appropriateness of the services to be provided under the plan; and
(d) A description of how the order of the court will be carried out.
κ1985 Statutes of Nevada, Page 1383 (CHAPTER 455, AB 199)κ
Sec. 54. 1. If the court finds that the child is in need of protection, it shall determine if reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
Sec. 55. The court may also order:
1. The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.
2. A parent or guardian to:
(a) Refrain from any harmful or offensive conduct toward the child, the other parent, the custodian of the child or person given physical custody of the child;
(b) Refrain from visiting the child if the court determines that the visitation is not in the best interest of the child; and
(c) Pay to the custodian the reasonable cost of the childs care, including food, shelter, clothing, medical care and education.
Sec. 56. 1. A motion for revocation or modification of an order issued pursuant to sections 54 and 55 of this act may be filed by the custodian of the child, the governmental organization or person responsible for supervising the care of the child, the guardian ad litem of the child or a parent or guardian. Notice of this motion must be given by registered or certified mail to all parties of the adjudicatory hearing, the custodian and the governmental organization or person responsible for supervising the care of the child.
κ1985 Statutes of Nevada, Page 1384 (CHAPTER 455, AB 199)κ
2. The court shall hold a hearing on the motion and may dismiss the motion or revoke or modify any order as it determines is in the best interest of the child.
Sec. 57. 1. If a child is placed pursuant to section 54 of this act other than with a parent, the placement must be reviewed by the court at least semiannually.
2. The custodian shall, before any hearing for review of the placement of a child, submit a report to the court which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. A copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.
3. The court shall hold a hearing to review the placement, unless the parent, guardian or the custodian files a motion to dispense with the hearing. If the motion is granted, the court may make its determination from any report, statement or other information submitted to the court.
4. Notice of the hearing must be given by registered or certified mail to all parties of any of the prior proceedings, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
5. The court may require the presence of the child at the hearing.
6. The court shall review:
(a) The continuing necessity for and appropriateness of the placement;
(b) The extent of compliance with the plan submitted pursuant to subsection 2 of section 53 of this act;
(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and
(d) The date the child may be returned to his home or placed for adoption or under a legal guardianship.
Sec. 58. 1. The court shall hold a hearing 18 months after the hearing on the disposition held pursuant to subsection 5 of section 52 of this act and annually thereafter. Notice of this hearing must be given by registered or certified mail to all parties of the dispositional proceeding, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
2. The court may require the presence of the child at the hearing.
3. At the hearing the court shall determine whether:
(a) The child should be returned to his parents or other relatives;
(b) The childs placement in the foster home or other similar institution should be continued; or
(c) In the best interests of the child, proceedings to terminate parental rights pursuant to chapter 128 of NRS or to establish a guardianship pursuant to chapter 159 of NRS should be initiated.
4. This hearing may take the place of the hearing for review required under section 57 of this act.
κ1985 Statutes of Nevada, Page 1385 (CHAPTER 455, AB 199)κ
Sec. 59. The agency which provides protective services shall assist the court during all stages of any proceeding in accordance with sections 42 to 60, inclusive, of this act.
Sec. 60. This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in cases involving divorce or problems of domestic relations.
Sec. 61. NRS 432.020 is hereby amended to read as follows:
432.020 The welfare division shall:
1. Provide , to the extent that support is not otherwise ordered by a court pursuant to this chapter, maintenance and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, homes of relatives other than parents [, group care facilities or other care centers or] or other facilities or institutions, but payment for children who are placed in the northern Nevada childrens home or the southern Nevada childrens home [shall] must be made in accordance with the provisions of NRS 423.210. If any child is to be placed in the custody of the welfare division, pursuant to any [court] order of a court or request [, such] made by a person or agency other than the welfare division, this order or request [shall] may be issued or made only after an opportunity for a hearing has been given to the welfare division [pursuant to summons or other] after 3 days notice, or upon request of the welfare division.
2. [Return] Except as otherwise provided in this chapter or chapter 62 of NRS for an abused or neglected child, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division retains the right to custody of the child during [such] the probationary period, until a court of competent jurisdiction determines proper custody of the child.
3. Accept [moneys] money from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, insofar as [such acceptance may be legally delegated] authorized by the legislature . [to the welfare division.]
Sec. 62. NRS 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a statewide central registry for [child abuse and neglect.
2. The statewide] the collection of information concerning abuse or neglect of a child. This central registry [shall] must be maintained by and in the central office of the welfare division.
2. The central registry must contain:
κ1985 Statutes of Nevada, Page 1386 (CHAPTER 455, AB 199)κ
(a) The information in any report of child abuse or neglect made pursuant to section 21 of this act, and the results, if any, of the investigation of the report;
(b) Statistical information on the protective services provided in this state; and
(c) Any other information which the welfare division determines to be in furtherance of NRS 432.100 to 432.130, inclusive, and sections 2 to 41, inclusive, of this act.
3. The welfare division may designate a county hospital in each county having a population of 100,000 or more as a regional registry for [child abuse and neglect.] the collection of information concerning the abuse or neglect of a child.
Sec. 63. NRS 432.110 is hereby amended to read as follows:
432.110 The welfare division shall maintain a record of the names and identifying data, dates and circumstances of any persons requesting or receiving information from the central or regional registries and any other information which might be helpful in furthering the purposes of NRS [432.120 and 432.130.] 432.100 to 432.130, inclusive, and sections 2 to 41, inclusive, of this act.
Sec. 64. NRS 432.120 is hereby amended to read as follows:
432.120 1. [Reports made to the central or regional registries and any other information obtained for registry purposes and in the possession of the welfare division, or a designated hospital, are confidential and shall be made available only to persons and agencies enumerated in NRS 200.5045.
2.] Information [shall] contained in the central or regional registries or obtained for these registries must not be released unless the right of the applicant to the information is confirmed and the released information discloses the nature of the disposition of the case or its current status.
[3. A person given access to names or other information identifying a subject of the report shall not divulge or make public such identifying information unless he is a district attorney or other law enforcement official and the purpose concerns court action.
4.] 2. Unless an investigation of a report, conducted pursuant to [NRS 200.501 to 200.509, inclusive,] NRS 432.100 to 432.130, inclusive, and sections 2 to 41, inclusive, of this act, reveals some credible evidence of alleged [child] abuse or neglect [,] of a child, all information identifying the subject of a report [shall] must be expunged from the central and regional registries [forthwith.] at the conclusion of the investigation or within 60 days after the report is filed, whichever occurs first. In all other cases, the record of the [report] substantiated reports contained in the central or regional registries [shall] must be sealed no later than 10 years after the [subject] child who is the subject of the report reaches the age of 18.
3. The welfare division shall adopt regulations to carry out the provisions of this section.
κ1985 Statutes of Nevada, Page 1387 (CHAPTER 455, AB 199)κ
Sec. 65. NRS 432.130 is hereby amended to read as follows:
432.130 Any person who willfully releases data or information contained in the central or regional registries to unauthorized persons in violation of NRS [200.5045 and] 432.120 or section 27 of this act is guilty of a misdemeanor.
Sec. 66. NRS 49.259 is hereby amended to read as follows:
49.295 1. Except as provided in subsections 2 and 3 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his competence;
(d) Proceeding in the juvenile court pursuant to chapter 62 of NRS [;] and sections 42 to 60, inclusive, of this act; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether [such] the crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.
Sec. 67. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 68 to 71, inclusive, of this act.
Sec. 68. Whenever any child is stopped by a peace officer for any violation of a traffic law or an ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
Sec. 69. 1. Except as otherwise provided in subsection 2, the name or race of any child connected with any proceedings under this chapter may not be published in or broadcasted or aired by any news medium without a written order of the court.
κ1985 Statutes of Nevada, Page 1388 (CHAPTER 455, AB 199)κ
chapter may not be published in or broadcasted or aired by any news medium without a written order of the court.
2. If there have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult, and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.
Sec. 70. 1. A child adjudicated under this chapter is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in any other court only as provided in NRS 62.080.
2. An adjudication under this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 71. This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in cases involving divorce or problems of domestic relations.
Sec. 72. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) [Concerning any child living or found within the county who is neglected because:
(1) he has been abandoned by his parents, guardian, or other custodian;
(2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his wellbeing, or he is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;
(3) He has been subjected to physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment constituting abuse and neglect as defined in NRS 200.5011, by a person who is responsible for his welfare under circumstances which indicate that his health or welfare is harmed or threatened thereby;
(4) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or
(5) He has been placed for care or adoption in violation of law.
(b)] Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;
κ1985 Statutes of Nevada, Page 1389 (CHAPTER 455, AB 199)κ
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
[(c)] (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:
(1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or
(2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.
[(d)] (c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. [This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
3.] This chapter does not deprive justices courts and municipal courts in any county having a population of 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:
(a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in those proceedings; and
(b) Those justices courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.
In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justices court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.
[4. Action taken by the juvenile court pursuant to the jurisdiction conferred by subparagraph (3) of paragraph (a) of subsection 1 does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts and circumstances.]
Sec. 73. NRS 62.085 is hereby amended to read as follows:
62.085 1. [The judge may appoint an attorney to represent any child in any proceeding in which the court has jurisdiction under the provisions of this chapter if it appears that such person is unable to employ counsel.
2.] If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian must be advised by the court or its representative that the child is entitled to be represented by an attorney at all stages of the proceedings.
κ1985 Statutes of Nevada, Page 1390 (CHAPTER 455, AB 199)κ
an attorney at all stages of the proceedings. If an attorney is not retained for the child, or if it does not appear that an attorney will be retained, an attorney must be appointed for the child, unless waived.
2. If an attorney is appointed to represent a child, the parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent.
3. The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings.
4. Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 for attorneys appointed to represent persons charged with crimes.
Sec. 74. NRS 62.128 is hereby amended to read as follows:
62.128 1. A complaint alleging that a child is delinquent [, neglected] or in need of supervision [shall] must be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any [such petition shall] petition must be prepared and countersigned by the district attorney before it is filed with the court. [Decision] The decision of the district attorney on whether [or not] to file a petition is final.
2. If the probation officer refuses to recommend the filing of a petition, the complainant [shall] must be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, countersign and file the petition with the court when he believes [such] the action is necessary to protect the community or the interests of the child.
3. When a child is in detention or shelter care and the filing of [a] the petition is not approved by the district attorney, the child [shall] must be immediately released.
4. When a child is in detention or shelter care, a petition alleging delinquency or need of supervision [shall] must be dismissed with prejudice if it [was] is not filed within 10 days [from] after the date the complaint was referred to the probation officer.
5. Upon the filing of [a] the petition, the judge or the master may place a [minor] child under the supervision of the court pursuant to a supervision and consent decree without a formal adjudication of delinquency, upon the recommendation of the probation officer, the written approval of the district attorney and the written consent and approval of the [minor] child and his parents or guardian, under the terms and conditions provided for in the decree. The petition may be dismissed upon successful completion of the terms and conditions of the supervision and consent decree.
κ1985 Statutes of Nevada, Page 1391 (CHAPTER 455, AB 199)κ
Sec. 75. NRS 62.130 is hereby amended to read as follows:
62.130 1. [Except as provided in subsection 2, a petition initiating court action] A petition alleging that a child is delinquent or a petition for revocation may be signed by any person who has knowledge of the facts alleged, or is informed of them and believes that they are true.
2. A petition alleging that a [minor] child is in need of supervision may be signed only by:
(a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;
(b) A representative of a public or private agency providing social service for families; or
(c) A school [official,] officer, law enforcement officer [,] or probation officer.
3. The district attorney shall prepare and countersign every petition alleging delinquency [, neglect] or need of supervision, and shall represent the petitioner in all proceedings.
4. [Every petition shall] The petition must be entitled, In the Matter of ______ ________, a child, and [shall] must be verified by the person who signs it.
5. [Every petition shall] The petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and [in a proper case] the date when delinquency occurred or need of supervision arose ; [.]
(b) The name, [birth] date of birth and [residence] address of the residence of the child ; [.]
(c) The names and [residence addresses] address of the residence of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their [residence] addresses are unknown, the petition [shall] must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court [.] ; and
(d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.
6. When any of the facts required by subsection 5 are not known, the petition [shall] must so state.
Sec. 76. NRS 62.140 is hereby amended to read as follows:
62.140 1. After a petition has been filed and after such further investigation as the court may direct, unless the parties named in this section voluntarily appear, the court shall direct the clerk to issue a summons requiring the person [or persons who have] who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. The summons [shall advise the parties of their rights to counsel] must inform the person of the childs right to be represented by an attorney at the initial hearing, as provided in NRS [62.195.] 62.085. A copy of the petition [shall] must be attached to each summons.
κ1985 Statutes of Nevada, Page 1392 (CHAPTER 455, AB 199)κ
2. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian , or both [shall] , must also be notified , by a similar summons , of the pendency of the case and of the time and place . [appointed.]
3. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
4. If it appears that the child is in such condition or surroundings that his welfare or the public interest or safety requires that his custody be immediately assumed by the court, the judge may order, by endorsement upon the summons, that the person serving it [shall at once] deliver the child to the probation officer in whose custody the child [shall] must remain until the further order of the court.
Sec. 77. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as provided in [subsection 6,] section 67 of this act, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose [surroundings are such as to endanger his welfare.] conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If [such] this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order.
3. Except as provided otherwise in this section a child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime, except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts must be made to keep children who are [neglected or] in need of supervision apart from children charged with delinquent acts.
κ1985 Statutes of Nevada, Page 1393 (CHAPTER 455, AB 199)κ
[neglected or] in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained must, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after the child submits an application, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
5. The [official] officer in charge of any [detention home] facility for the detention of juveniles may by written order direct the transfer to the county jail of a child placed in the [detention home.] facility. The child must not be detained in the county jail for more than 24 hours unless a district judge orders him [so] detained for a longer period. [Such an] This order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection must, where possible, be placed in a cell separate from adults.
6. [Whenever any child is halted by a peace officer for any violation of a traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
7.] During the pendency of a criminal or quasi-criminal charge of murder or attempted murder, a child may petition the juvenile division for temporary placement in a [juvenile detention facility.] facility for the detention of juveniles.
Sec. 78. NRS 62.193 is hereby amended to read as follows:
62.193 1. Proceedings [under this chapter against] concerning any child [shall not be deemed to be] alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature [. Any proceeding under this chapter against a child shall] and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing [shall be required only if] are not required unless the court so orders. The general public [shall] must be excluded and only [such persons admitted as have ] those persons having a direct interest in the case [and as may be] may be admitted, as ordered by the judge, or, in case of a reference, as [may be] ordered by the referee.
2. The parties [shall] must be advised of their rights [under law] in their first appearance at intake and before the court. They [shall] must be informed of the specific allegations in the petition and given an opportunity to admit or deny [such] those allegations.
3. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether [or not the child is a neglected child or if the petition alleges delinquency or need of supervision, as to whether or not] the acts ascribed to the child in the petition were committed by him.
κ1985 Statutes of Nevada, Page 1394 (CHAPTER 455, AB 199)κ
not the child is a neglected child or if the petition alleges delinquency or need of supervision, as to whether or not] the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care theretofore ordered in the proceedings, unless otherwise ordered by the court.
4. If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection, proceed immediately to make a proper disposition of the case.
5. In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel [shall] must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.
6. On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. [In this event, the] The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.
7. If the court finds by preponderance of the evidence that the child is [neglected or] in need of supervision [,] or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately or at a postponed hearing, to make proper disposition of the case.
Sec. 79. NRS 62.195 is hereby amended to read as follows:
62.195 1. Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at any hearing.
2. [If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian shall be advised by the court or its representative that the child is entitled to be represented by counsel at all stages of the proceedings. If counsel is not retained for the child, or if it does not appear that counsel will be retained, counsel shall be appointed for the child, unless waived. In neglect cases, the parents, guardian or custodian shall be informed of their right to be represented by counsel.
3. If counsel is appointed to represent a child pursuant to the provisions of subsection 2 the parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent.
4.] Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition alleging delinquency or an offense based upon the same conduct [,] are barred [where] if the court has begun taking evidence of [where the court] has accepted a childs admission of the facts alleged in the petition.
κ1985 Statutes of Nevada, Page 1395 (CHAPTER 455, AB 199)κ
offense based upon the same conduct [,] are barred [where] if the court has begun taking evidence of [where the court] has accepted a childs admission of the facts alleged in the petition. No child may be prosecuted first as a juvenile and later as an adult, or in two juvenile court hearings for the same offense.
Sec. 80. NRS 62.197 is hereby amended to read as follows:
62.197 1. When a child who is [not delinquent] in need of supervision, mentally ill or mentally retarded has been placed outside his home by court order or after a petition has been filed [pursuant to NRS 62.128] alleging that a child is in need of supervision and the court finds the allegations in the petition to be true or a notice of intent to admit the allegations is filed and the party consents thereto:
(a) The court shall direct that a [predisposition] study and report to the court be made in writing by a probation officer or another agency authorized by law, concerning the child, his family, his environment and other matters relevant to the need for treatment or disposition of the case; and
(b) The agency which is charged with the care and custody of the child or the agency which has the responsibility for supervising the placement of the child shall file with the court a [case] plan which includes:
(1) The social history of the child and his family;
(2) The wishes of the child relating to his placement;
(3) A statement of the conditions which require intervention by the court and whether the removal of the child from his home was a result of a judicial determination that his continuation in the home would be contrary to his welfare;
(4) A statement of the harm which the child is likely to suffer as a result of the removal;
(5) A discussion of the efforts made by the agency to avoid removing the child from his home before it placed him in foster care;
(6) The special programs available to the parents, guardian or custodian of the child which might prevent further harm to the child and the reason that each program is likely to be useful, and the overall plan of the agency to assure that the services are available;
(7) A description of the type of home or institution in which the child could be placed, a plan for assuring that the child would receive proper care and a description of the needs of the child; and
(8) A description of the efforts made by the agency to facilitate the return of the child to his home or permanent placement of the child.
2. Where there are indications that the child may be mentally ill or mentally retarded, the court may order the child to be examined at a suitable place by a physician, psychiatrist or psychologist before a hearing on the merits of the petition. [Such] The examinations made before a hearing or as part of the study provided for in subsection 1 must be conducted [on an out-patient basis] without admission to a hospital unless the court finds that placement in a hospital or other appropriate facility is necessary.
κ1985 Statutes of Nevada, Page 1396 (CHAPTER 455, AB 199)κ
3. The court, after a hearing, may order an examination by a physician, psychiatrist or psychologist of a parent or custodian who gives his consent and whose ability to care for or supervise a child before the court is at issue.
Sec. 81. NRS 62.211 is hereby amended to read as follows:
62.211 1. If the court finds that the child is within the purview of this chapter, it shall so decree and may : [, by order duly entered, proceed as follows:]
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a home with a family . [home.] In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if [such] the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court deems to be for the best interests of the child, except as [herein] otherwise provided [.] in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct [or neglect] which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects. The person under whose supervision the child is placed shall keep [such] the child busy and well supervised and shall make such reports to the court as it may require.
(f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory [school] attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from [such] this placement or exemption and is under the strict supervision of the juvenile division.
(g) Require the child to participate in a program designed to provide restitution to the victim [or victims of crimes] of the crime which the child has committed.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. [An adjudication by the court upon the status of any child shall not operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080.
κ1985 Statutes of Nevada, Page 1397 (CHAPTER 455, AB 199)κ
from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in subsection 4) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court.
4. If there have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult, and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.
5.] Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit [at the time the child is received at the institution or prior thereto] to the institution or agency a summary of its information concerning the child. The institution or agency shall give to the court [such] any information concerning [such] the child as the court may [at any time] require.
Sec. 82. NRS 62.390 is hereby amended to read as follows:
62.390 1. In carrying out the objects and purposes of this chapter, the juvenile court may utilize the services and facilities of the welfare division of the department of human resources provided by such division pursuant to the provisions of chapter 432 of NRS and sections 2 to 41, inclusive, of this act.
2. The welfare division [is responsible for determining] shall determine the plans, placements and services to be provided any child pursuant to this chapter and chapter 432 of NRS and sections 2 to 41, inclusive, of this act.
Sec. 83. NRS 128.0123 is hereby amended to read as follows:
128.0123 [Case plan] Plan means:
1. A written agreement between the parents of a child who is a ward of the juvenile court pursuant to chapter 62 of NRS and sections 2 to 60, inclusive, of this act and the agency having custody of the child; or
2. Written conditions and obligations imposed upon the parents directly by the juvenile court,
which have a primary objective of reuniting the family or, if the parents neglect or refuse to comply with the terms and conditions of the case plan, freeing the child for adoption.
Sec. 84. NRS 128.013 is hereby amended to read as follows:
128.013 1. Injury to a childs health or welfare occurs when the parent, guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;
κ1985 Statutes of Nevada, Page 1398 (CHAPTER 455, AB 199)κ
(b) Commits or allows to be committed against the child, sexual abuse as defined in [NRS 200.5011;] section 11 of this act;
(c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of the welfare division of the department of human resources or a county agency authorized by the juvenile court to receive and investigate reports of [child abuse and neglect] abuse or neglect of a child pursuant to [NRS 200.504,] section 28 of this act, or of the court itself.
2. A childs health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.
Sec. 85. NRS 128.090 is hereby amended to read as follows:
128.090 1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with [due] regard to the rights and claims of the parent [or parents] of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.
3. Information contained in a report filed pursuant to NRS [200.501 to 200.509, inclusive,] 432.100 to 432.130, inclusive, and sections 2 to 60, inclusive, of this act, may not be excluded from the proceeding by the invoking of any privilege.
4. In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.
Sec. 86. NRS 180.060 is hereby amended to read as follows:
180.060 1. The state public defender may, [prior to] before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
2. The state public defender shall, when designated pursuant to NRS 62.085 or 171.188 or section 44 of this act, and within the limits of available money, represent without charge each indigent person for whom he is appointed.
κ1985 Statutes of Nevada, Page 1399 (CHAPTER 455, AB 199)κ
3. When representing an indigent person, the state public defender shall:
(a) Counsel and defend him at every stage of the proceedings, including revocation of probation or parole; and
(b) Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
4. In cases of post-conviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the supreme court, the state public defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the state public defender.
5. The state public defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.
Sec. 87. NRS 200.180 is hereby amended to read as follows:
200.180 1. Excusable homicide by misadventure [is:
(a) When a] occurs when:
(a) A person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a man is at work with an ax and the head flies off and kills a bystander; or
(b) [Where a parent is moderately correcting his child, or a master his pupil, or an] An officer punishing a criminal [, and] happens to occasion death, which acts of correction are lawful.
2. If [a parent or master exceeds the bounds of moderation, or] the officer exceeds the sentence under which he acts, either in the manner, the instrument, or quantity of punishment, and death [ensue, it will be] ensues, it is manslaughter or murder, according to the circumstances of the case.
Sec. 88. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any adult person who [willfully causes or permits] :
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or [who willfully causes or permits a child] to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect ; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
κ1985 Statutes of Nevada, Page 1400 (CHAPTER 455, AB 199)κ
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years.
3. As used in this section [, permit] :
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in sections 8, 10, 11, 12, 14 and 16 of this act, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
Sec. 89. NRS 260.050 is hereby amended to read as follows:
260.050 1. The public defender may, [prior to] before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
2. The public defender shall, when designated pursuant to NRS 62.085 or 171.188 or section 44 of this act, and within the limits of available money, represent without charge each indigent person for whom he is appointed.
3. When representing an indigent person, the public defender shall:
(a) Counsel and defend him at every stage of the proceedings, including revocation of probation or parole; and
(b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
Sec. 90. NRS 392.435 is hereby amended to read as follows:
392.435 1. Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides a certificate [or certificates] stating that the child has been immunized and has received proper boosters for [such] that immunization or is complying with the [time limits and] schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
κ1985 Statutes of Nevada, Page 1401 (CHAPTER 455, AB 199)κ
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate [or certificates required in subsection 1] must show that [such required immunization] the required vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered [such] the vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian suffices.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school [officials] officers within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS [200.501 to 200.508, inclusive.] 432.100 to 432.130, inclusive, and sections 2 to 60, inclusive, of this act.
5. The requirements of subsection 1 are satisfied if a certificate [or certificates have been] was filed in a previous year with any school district or any licensed private school or [child care facility, in the State of Nevada] facility for the care of children in this state indicating that a pupil has been immunized as required by this section.
6. Before December 31 of each year, each school district must report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
Sec. 91. NRS 394.192 is hereby amended to read as follows:
394.192 1. Unless excused because of religious belief or medical condition, a child may not be enrolled in a private school within this state unless his parents or guardian submit to the governing body of [such] the private school a certificate [or certificates] stating that the child has been immunized and has received proper boosters for [such] that immunization or is complying with the [time limits and] schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
κ1985 Statutes of Nevada, Page 1402 (CHAPTER 455, AB 199)κ
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate [or certificates required in subsection 1] must show that [such required immunization] the required vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered [such] the vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian suffices.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officials within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS [200.501 to 200.508, inclusive.] 432.100 to 432.130, inclusive, and sections 2 to 60, inclusive, of this act.
5. The requirements of subsection 1 are satisfied if a certificate [or certificates have been] was filed in a previous year with any school district, or any licensed private school or [child care facility, in the State of Nevada] facility for the care of children in this state indicating that a pupil has been immunized as required by this section.
6. Before December 31 of each year, each private school must report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
Sec. 92. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator or his designee may receive a mentally retarded person of the State of Nevada for services in a facility operated by the division if:
(a) [The person] He is mentally retarded as defined in NRS 433.174 and is in need or institutional training and treatment;
(b) Space is available [in a facility operated by the division] which is designed and equipped to provide appropriate care for [the person;] him;
(c) The facility has or can provide an appropriate program of training and treatment for [the person;] him; and
(d) There is written evidence that no less restrictive alternative is available in [the persons] his community.
2. A mentally retarded person may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
κ1985 Statutes of Nevada, Page 1403 (CHAPTER 455, AB 199)κ
3. A court may order that a mentally retarded person be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received, cared for and examined at a division [mental retardation facility for a period of] facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.211 [.] and subsection 1 of section 55 of this act. At the end of the [10-day period] 10 days, the administrator or his designee shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrators report.
5. The parent or guardian of a person believed to be mentally retarded may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation. The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
Sec. 93. NRS 62.010, 62.196, 62.201, 200.501 to 200.505, inclusive, 200.507 and 432.090 are hereby repealed.
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κ1985 Statutes of Nevada, Page 1404κ
Assembly Bill No. 426Assemblymen Sedway, Price, Thompson, DuBois, Nevin, Jeffrey, Coffin and Dini
CHAPTER 456
AN ACT relating to the state plan for assistance to the medically indigent; extending the state welfare administrators power to issue subpenas; providing penalties for accepting, soliciting or offering bribes and rebates and for attempting to obtain public assistance fraudulently; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.215 is hereby amended to read as follows:
422.215 1. The administrator or his designated representative may administer oaths and take testimony thereunder and issue subpenas requiring the attendance of witnesses before the welfare division at a designated time and place [, and further requiring] and the production of books, papers and records relative to [eligibility] :
(a) Eligibility or continued eligibility for public assistance [, and may administer oaths and take testimony thereunder.] ; and
(b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the state plan for assistance to the medically indigent.
2. If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpena, the district court of the county in which the investigation is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books, papers and records as required by the subpena.
Sec. 2. NRS 422.400 is hereby amended to read as follows:
422.400 1. A provider of medical care, remedial care or other services who contracts with the division pursuant to the state plan for assistance to the medically indigent shall not knowingly:
(a) Obtain or attempt to obtain by deception any payment to which he is not entitled.
(b) Apply for or accept any payment to which he is not entitled.
(c) Accept any payment in an amount greater than that to which he is entitled.
(d) Falsify any report or document required by this state or the Federal Government relating to payments for services rendered and supplies furnished by the provider.
(e) Accept, solicit or offer any bribe, rebate or other remuneration, whether in money or in kind, in connection with services rendered or supplies furnished by him.
2. In addition to the penalties prescribed in chapter 205 of NRS, a provider of medical care, remedial care or other services who willfully violates the provisions of subsection 1 is liable for:
(a) An amount equal to three times the amount unlawfully obtained;
κ1985 Statutes of Nevada, Page 1405 (CHAPTER 456, AB 426)κ
(b) Not less than $500 for each act of deception; and
(c) Any reasonable expense incurred by the state in enforcing this section.
3. [The state welfare administrator may terminate a contract entered into pursuant to the state plan for assistance to the medically indigent, and refuse to renew it for at least 5 years upon the conviction of or upon entry of judgment against a provider of medical care, remedial care or other services or his authorized agent or officer for any violation of this section.
4.] A provider of medical care, remedial care or other services who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this section that the provider of health care returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.
[5.] 4. The attorney general shall cause appropriate legal action to be taken on behalf of the state to enforce the provisions of this section.
[6.] 5. Any penalty collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the welfare division.
Sec. 3. NRS 422.410 is hereby amended to read as follows:
422.410 1. Every person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.
2. For the purposes of subsection 1, whenever a recipient of aid to dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.
3. For the purposes of subsection 1, public assistance includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.
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κ1985 Statutes of Nevada, Page 1406κ
Senate Bill No. 335Committee on Judiciary
CHAPTER 457
AN ACT relating to sales of land; authorizing issuance of permits for partial registration; revising the requirements for cease and desist orders; increasing certain fees; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:
Unless the method of disposition is adopted to evade the provisions of this chapter or of the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, if each lot, parcel, interest or unit being offered or disposed of in any subdivision is at least one-sixteenth of a section as described by a survey of the government land office, but not less than 35 acres, or 40 acres in area, including roadways and easements, but not more than 80 acres in size, and the developer:
1. Completes an application in such form and containing such reasonable information as the division may require;
2. Pays the fees prescribed in this chapter for a permit for partial registration;
3. Requires the purchaser or his agent to inspect the land before purchasing it; and
4. Signs an affirmation which states that the purchaser or his agent has inspected the land before purchasing it and makes that affirmation a matter of record pursuant to the regulations of the division,
the developer need only comply with the provisions of NRS 119.183, 119.184 and 119.230.
Sec. 2. NRS 119.120 is hereby amended to read as follows:
119.120 The provisions of this chapter do not apply, unless the method of disposition is adopted [for the purpose of the evasion of the provisions of this chapter] to evade those provisions or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this [subsection,] section, to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:
1. By a purchaser of any lot, parcel, interest or unit of a subdivision for his own account in a single or isolated transaction.
2. If:
(a) Each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size;
(b) The purchaser or his agent inspects the land before purchasing it; and
κ1985 Statutes of Nevada, Page 1407 (CHAPTER 457, SB 335)κ
(c) The developer signs an affirmation which states that the purchaser or his agent has inspected the land before purchasing it, and the affirmation is made a matter of record in accordance with regulations of the division.
For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision must be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.
3. [If each lot, parcel, interest or unit being offered or disposed of in any subdivision is at least:
(a) One-sixteenth of a section as described by a government land office survey, but not less than 35 acres; or
(b) Forty acres in area, including roadways and easements,
but not more than 80 acres in size, so long as the form and content of the advertising to be used is filed and approved in compliance with NRS 119.184, but the disclosure required by NRS 119.183 must be made. The size of undivided interests must be computed as provided in subsection 2.
4.] To any person who is licensed in this state to engage and is engaged in the business of the construction of residential, commercial or industrial buildings located in this state for disposition.
[5.] 4. By any person who owns the land and is licensed in the State of Nevada to construct residential buildings if the land is located in this state and is to include a residential building when disposition is completed.
[6.] 5. Pursuant to the order of any court of this state.
[7.] 6. By any government or governmental agency.
Sec. 3. NRS 119.122 is hereby amended to read as follows:
119.122 1. The provisions of this chapter do not apply, unless the method of disposition is adopted [for the purpose of the evasion of the provisions of this chapter] to evade those provisions or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to:
(a) Any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.
(b) Securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.
(c) Cemetery lots.
2. Unless the method of disposition is adopted [for the purpose of the evasion of] to evade the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate located in this state which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his agent has personally inspected the lot before purchase and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the division.
κ1985 Statutes of Nevada, Page 1408 (CHAPTER 457, SB 335)κ
encumbrances and adverse claims if each purchaser or his agent has personally inspected the lot before purchase and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the division. As used in this subsection, the terms liens, encumbrances and adverse claims are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due . [and payable.]
3. The division may, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to subdivisions or lots, parcels, units or interests in subdivisions is not necessary in the public interest and for the protection of purchasers. The division may revoke such an exemption at any time upon finding that the revocation is necessary for the protection of purchasers.
Sec. 4. NRS 119.130 is hereby amended to read as follows:
119.130 [Except as provided in NRS 119.120 and 119.122, no] No subdivision or lot, parcel, unit or interest in any subdivision may in any way be offered or sold in this state by any person until:
1. He has appointed in writing the secretary of state to be his attorney, upon whom all process, in any action or proceeding against him, may be served, and in this writing he agrees that any process against him which is served on the secretary of state [shall be] is of the same legal [force and] validity as if served on him and that the appointment continues in force as long as any liability remains outstanding against him in this state. The written appointment must be acknowledged before some officer authorized to take acknowledgments of deeds and must be filed in the office of the secretary of state. Copies certified by the secretary of state are sufficient evidence of the appointment and agreement.
2. He has received a license under NRS 119.160.
Sec. 5. NRS 119.180 is hereby amended to read as follows:
119.180 No subdivision or lot, parcel or unit in any subdivision may be sold:
1. Until the division has approved a written plan or the methods proposed to be employed for the procurement of prospective purchasers, the sale to purchasers and the retention of purchasers after sale. The plan or methods must describe with particularity:
(a) The form and content of advertising to be used;
(b) The nature of the offer of gifts or other free benefits to be extended;
(c) The nature of promotional meetings involving any person or act described in this [paragraph;] subsection;
(d) The contracts, agreements and other papers to be employed in the sale of the property; and
(e) Such other reasonable details as may be required by the division.