[Rev. 2/27/2019 1:44:51 PM]
κ1985 Statutes of Nevada, Page 2151 (CHAPTER 656, SB 26)κ
4. The administrator may obtain injunctive relief to prevent any change in control or impending violation of this section.
Sec. 16. 1. Application to the administrator for approval must be on a form prescribed by the administrator and must include:
(a) A nonrefundable fee of $3,000 for the application. The depository institution or holding company shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this section must be placed in the investigative fund created by NRS 232.285.
(b) Information which the administrator requires to make the findings specified in subsection 4.
(c) Unless the applicant is a resident of Nevada, a corporation organized in this state or a foreign corporation admitted to do business in this state, a written consent to service of process on a resident of this state in any action arising out of the applicants activities in this state.
2. In reviewing the application, the administrator shall consider the applicants record of compliance with the Community Reinvestment Act of 1977 (12 U.S.C. §§ 2901 to 2905, inclusive) and whether the proposed transaction will meet the needs of those counties whose populations are less than 100,000 and whose residents are not being adequately served by existing financial institutions.
3. The administrator shall issue his written decision within 60 days after receiving a completed application. The administrator may approve the application subject to any terms and conditions which he considers necessary to protect the public interest.
4. The administrator shall disapprove an application if he finds:
(a) That the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution which is a party to the transaction, or to a subsidiary or affiliate of that institution;
(b) The applicant, its executive officers, directors or principal stockholders have not established a record of sound performance, efficient management, financial responsibility and integrity so that it would be against the interest of the depositors, other customers, creditors or shareholders of an institution, or the public to authorize the proposed transaction;
(c) The financial condition of the applicant or any other institution which is a participant in the proposed transaction might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or other customers of the applicant or other institutions;
(d) The consummation of the proposed transaction will tend to lessen competition substantially, unless the administrator finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of meeting the convenience and needs of the relevant market to be served; or
(e) The applicant has not established a record of meeting the needs for credit of the communities which it or its subsidiary depository institution serves.
κ1985 Statutes of Nevada, Page 2152 (CHAPTER 656, SB 26)κ
Sec. 17. 1. The administrator may examine and supervise any foreign depository institution or holding company which has been authorized to do business in this state pursuant to section 14 of this act. Such institutions and holding companies are subject to regulation in the same manner as institutions and holding companies organized under the laws of this state and must pay the same fees for supervision and examination.
2. A foreign depository institution or holding company for a foreign depository institution may not close one of its branch offices, or a branch office of a subsidiary, which is located in a county whose population is less than 100,000 before July 1, 1991.
Sec. 18. Except as provided in sections 19 to 24, inclusive, of this act, no foreign depository institution or holding company whose operations are principally conducted in a reciprocal state may acquire or merge with a depository institution organized under the laws of this state or a holding company whose operations are principally conducted in this state unless the institution or holding company to be acquired was in operation on July 1, 1985.
Sec. 19. As used in sections 19 to 24, inclusive, of this act, unless the context otherwise requires:
1. Deposits from Nevada means the aggregate of all deposits obtained from residents of Nevada and businesses, public entities and private entities which operate in this state.
2. Qualified investments means:
(a) Loans to residents of this state;
(b) Loans to businesses whose principal operations are in this state;
(c) Loans to nonprofit organizations whose principal operations are in this state;
(d) Loans secured by liens on real property located in this state;
(e) Obligations of this state or any of its political subdivisions;
(f) Loans to students attending any university, college or vocational school located in this state;
(g) Deposits with any depository institution whose principal place of business is in this state;
(h) Loans on the security of its savings accounts;
(i) Obligations secured by mortgages originated by a depository institution or any other lender whose principal place of business is within this state;
(j) Commercial paper and corporate obligations issued by any corporation whose principal place of business is in this state;
(k) Stock, obligations or other securities of any investment company for small business incorporated within this state; or
(l) Any other investment which is substantially similar to an investment included in paragraphs (a) to (k), inclusive, if the investment is approved in writing by the administrator.
κ1985 Statutes of Nevada, Page 2153 (CHAPTER 656, SB 26)κ
Sec. 20. 1. If the administrator considers it necessary to protect depositors, creditors and other customers of a failing depository institution or a failing holding company which controls a depository institution, he may solicit offers from and authorize or require the acquisition of the institution or company by or its merger with another institution or company in the following order of priority:
(a) A depository institution of the same class organized under the laws of this state or a holding company whose subsidiaries are of the same class and whose operations are principally conducted in this state.
(b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions controlled by holding companies which have offices or operations in other states.
(c) A depository institution licensed under the laws of another state or of the United States whose operations are principally conducted in a reciprocal state, or a holding company for such an institution.
(d) A depository institution licensed under the laws of another state or of the United States which does not meet the requirements of paragraph (a), (b) or (c), or a holding company for such an institution, whether or not its principal place of business is in another state.
The administrator shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.
2. The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if such a selection affords the greatest financial recovery by the failing institutions depositors of all offers received. If it does not, the administrator may negotiate with the institutions submitting offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the failing institutions depositors.
Sec. 21. Except as provided in section 24 of this act, any depository institution or holding company which is acquired pursuant to section 20 of this act, the institution which acquired the depository institution or holding company pursuant to that section or the institution which results from a merger pursuant to that section has all rights, powers and privileges of any other depository institution in this state which is of the same class.
Sec. 22. The administrator may not authorize or require any transaction pursuant to section 20 of this act involving a depository institution organized under the laws of any state other than this, or a holding company whose subsidiaries principally conduct their operations in any state other than this, unless he finds that:
1. The acquiring or merging depository institution or holding company has demonstrated an acceptable record of meeting the needs for credit of the communities which it serves; and
κ1985 Statutes of Nevada, Page 2154 (CHAPTER 656, SB 26)κ
2. The acquiring or merging depository institution or holding company has a record of sound performance, adequate capital, financial capacity and efficient management so the acquisition or merger will not jeopardize the financial stability of the acquired or merged depository institution and will not be detrimental to the interests of depositors, creditors or other customers of the depository institution, or to the public.
Sec. 23. (Deleted by amendment.)
Sec. 24. 1. If a failing depository institution is acquired pursuant to section 20 of this act by a depository institution organized under the laws of another state or a holding company whose subsidiaries principally conduct their operations in another state, the failing institution must at all times thereafter have invested not less than 60 percent of the aggregate of its deposits from Nevada in qualified investments as a condition of its continued operation.
2. Each depository institution acquired by or merged with a depository institution organized under the laws of any state other than this, or a holding company whose subsidiaries principally conduct their operations in any state other than this, pursuant to section 20 of this act shall report to the administrator not less than quarterly the aggregate of:
(a) Its deposits held at offices in this state;
(b) Its deposits from Nevada; and
(c) Its qualified investments.
3. A depository institution which violates any provision of this section is prohibited from soliciting, accepting or renewing any deposits from Nevada until the institution is brought into compliance with this section. The administrator may not approve an acquisition which would result in a violation of subsection 1.
4. The restrictions on investments imposed in this section do not apply if reciprocal legislation as described in section 14 of this act has been adopted by the reciprocal state in which the operations of the acquiring institution or holding company are principally conducted, and terminate if such legislation is adopted after the acquisition.
Sec. 24.5. NRS 666.205 is hereby amended to read as follows:
666.205 1. The administrator may apply to the district court for an order compelling compliance with any provision of NRS 666.065 to 666.195, inclusive. The court may award the administrator the costs of bringing the action and attorneys fees.
2. The administrator may bring an action against a person who violates a court order or injunction issued pursuant to this section or NRS 666.065 to 666.195, inclusive, to recover a civil penalty of not more than $10,000 for each violation.
3. The administrator may bring an action to require a [bank] holding company for a depository institution which acquired a [bank] depository institution in Nevada [pursuant to NRS 666.132] to divest itself of all interest in the acquired [bank] institution if the [bank] holding company violates:
κ1985 Statutes of Nevada, Page 2155 (CHAPTER 656, SB 26)κ
(a) An order to cease and desist issued pursuant to NRS 666.175; or
(b) A court order or injunction issued pursuant to this section or NRS 666.065 to 666.195, inclusive.
Sec. 25. NRS 667.025 is hereby amended to read as follows:
667.025 1. The administrator may forthwith take possession of the business and property of any [bank] depository institution to which this Title [is applicable] or Title 56 of NRS applies when it appears that [such bank:] the depository institution:
(a) Has violated its charter or any laws applicable thereto.
(b) Is conducting its business in an unauthorized or unsafe manner.
(c) Is in an unsafe or unsound condition to transact its business.
(d) Has an impairment of its capital stock.
(e) Has refused to pay its depositors in accordance with the terms on which such deposits were received, or has refused to pay its holders of certificates of indebtedness or investment in accordance with the terms upon which such certificates of indebtedness or investment were sold.
(f) Has become otherwise insolvent.
(g) Has neglected or refused to comply with the terms of a duly issued lawful order of the administrator.
(h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of a duly appointed or authorized examiner of the administrator.
(i) Has made a voluntary assignment of its assets to trustees.
2. The administrator also may forthwith take possession of the business and property of any [bank] depository institution to which this Title [is applicable] or Title 56 of NRS applies when it appears that the officers of [such bank] the depository institution have refused to be examined upon oath regarding its affairs.
[3. A bank which has been taken possession of by the administrator pursuant to subsection 1 or 2, may resume business as provided in NRS 667.215.]
Sec. 26. NRS 218.780 is hereby amended to read as follows:
218.780 1. Except as provided in subsection 2, upon the request of the legislative auditor or his authorized representative, all officers and employees of the agencies of the state shall make available to the legislative auditor all their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary, irrespective of their form or location in performing authorized audits or investigations.
2. This section [shall] does not authorize the legislative auditor or his authorized representative to have access to any books, accounts, claims, reports, vouchers or other records or information of any business or activity [to] which NRS [665.055, 665.085 and 668.085 apply.] 668.085 and section 5 of this act require to be kept confidential.
Sec. 27. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the administrator.
κ1985 Statutes of Nevada, Page 2156 (CHAPTER 656, SB 26)κ
an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the administrator.
2. No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the administrator.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its common or preferred stock until it has first applied for and secured from the administrator approval of an application for permission to organize as provided for in this section.
4. Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the administrator, for permission to organize an association before taking any other action in connection with the organization. Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as applicants, the original and two copies of the application must be submitted to the administrator. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the administrator may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data must be sufficiently detailed and comprehensive to enable the administrator to pass upon the application as to:
(a) The character and responsibility of the applicants;
(b) The need for the association in the community to be served;
(c) The reasonable probability of its usefulness and success; and
(d) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
5. If the administrator approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the administrator of the written protest, the administrator shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered or certified mail by the parties. The administrator shall approve or deny the application within 90 days from the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.
6. If the administrator approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:
κ1985 Statutes of Nevada, Page 2157 (CHAPTER 656, SB 26)κ
as conditions to be met before the issuance of a charter requirements as to:
(a) The minimum number of shares of common or preferred stock to be subscribed to the associations permanent capital ; [, of which at least 75 percent in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;]
(b) The minimum amount of paid-in surplus;
(c) The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(d) Such other requirements as he deems necessary or desirable.
At least 75 percent of the capital must be subscribed by bona fide residents of this state or a depository institution or holding company qualified pursuant to sections 7 to 24, inclusive, of this act. Approval of an application for permission to organize an association does not in any manner obligate the administrator to issue a charter, except that when all requirements of this chapter and of the administrator have been fulfilled, he shall issue a charter.
7. The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The administrator may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
8. An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the administrator a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the regulations of the Federal Savings and Loan Insurance Corporation. This insurance of accounts must be maintained at all times.
9. The administrator may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
10. The filing fees are:
(a) For filing an original application, $2,000 for the principal office. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office before issuance.
11. The administrator may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
κ1985 Statutes of Nevada, Page 2158 (CHAPTER 656, SB 26)κ
12. Every permission to organize issued by the administrator must recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
13. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the administrator.
14. The removal of the home office or of any branch office of an association to any other location from its then existing location requires prior approval of the administrator. An application seeking approval must be delivered to the administrator, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100, to be determined by the administrator. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
15. An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.
Sec. 28. NRS 673.595 is hereby amended to read as follows:
673.595 1. [Every] A foreign association [which desires to do any business or maintain an office of the kind provided for in this chapter must apply to the administrator for a license to transact that business or maintain that office in this state.
2. The filing fees are:
(a) For filing an original application, $300 for each office. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(b) If the license is approved for issuance, $200 for each office.
(c) For each licensed foreign association, an annual renewal fee of $400.
3. The administrator shall issue a license to an applicant if he is satisfied that the issuance of the license is consistent with the purpose of this chapter. The administrator may revoke any such license when he is satisfied that the licensed activity or any part of it is not consistent with the purposes of this chapter.
4. At the time of making an application, every foreign association shall provide written consent to whatever examination or investigation the administrator may desire to make during the license period. The administrator shall charge the foreign association $30 per hour for the time spent on the examination or investigation by state examiners.
5. The provisions of chapter 80 of NRS apply to all foreign associations licensed under the provisions of this section. For the purposes of this section, activities conducted by any foreign association, which] whose activities are limited to any one or more of those enumerated in NRS 80.240 [, do not constitute doing business or require that the association] or section 30 of this act need not be licensed [.]
κ1985 Statutes of Nevada, Page 2159 (CHAPTER 656, SB 26)κ
this section, activities conducted by any foreign association, which] whose activities are limited to any one or more of those enumerated in NRS 80.240 [, do not constitute doing business or require that the association] or section 30 of this act need not be licensed [.] under this chapter.
2. Except as provided in sections 7 to 24, inclusive, of this act, a foreign association may not accept deposits in this state, but if it was licensed before July 1, 1985, under the provisions of this section then in force, it may renew that license annually subject to all the provisions, and upon payment of the fee, then in force.
Sec. 29. NRS 677.340 is hereby amended to read as follows:
677.340 1. No person doing business under the law of:
(a) Any other state; or
(b) The United States if the principal office of the business is not located in Nevada,
relating to banks, savings and loan associations or persons licensed under chapter 675 of NRS is eligible to become a licensee under this chapter. This chapter does not apply to any business transacted by any such person under the authority of and as permitted by any such law.
2. Except as provided in subsection 3 [,] and in sections 7 to 24, inclusive, of this act, a subsidiary of a parent corporation:
(a) One or more of whose other subsidiaries is engaged in any of the activities listed in subsection 1; or
(b) Whose parent corporation is prohibited from obtaining a license under this chapter,
is not eligible to be licensed under this chapter.
3. Subsection 2 does not apply to a bank which is doing business under the law of the United States if its principal office is located in Nevada.
Sec. 30. Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the activities enumerated in paragraph (a) of subsection 1 of NRS 80.240 without purchase or assignment from or participation with a domestic lender, and in connection therewith may carry on any of the activities listed in paragraphs (b) to (g), inclusive, of that subsection, but if it elects to do so must comply in all respects with NRS 80.010 to 80.230, inclusive.
Sec. 31. 1. NRS 665.055, 665.065, 665.085 and 673.041 are hereby repealed.
2. NRS 666.128 and 666.132 are hereby repealed.
Sec. 31.5. Section 13 of chapter 2, Statutes of Nevada 1984, at page 6, is hereby amended to read as follows:
Sec. 13. 1. The legislature intends to allow a bank holding company which controls a bank in another state to acquire a bank in Nevada only under the conditions and limitations imposed in sections 1 to 8, inclusive, of this act [,] and in Senate Bill No.
κ1985 Statutes of Nevada, Page 2160 (CHAPTER 656, SB 26)κ
in Nevada only under the conditions and limitations imposed in sections 1 to 8, inclusive, of this act [,] and in Senate Bill No. 26 of the 63rd session, and to this end those provisions of this act are not severable. Except as provided in subsection 2, if any provisions of sections 1 to 8, inclusive, of this act, or any application thereof to any person, thing or circumstance is held invalid, the other provisions of sections 1 to 8, inclusive, of this act become ineffective.
2. If a bank holding company has received the administrators approval pursuant to section 3 of this act to acquire a bank and a provision of sections 1 to 8, inclusive, of this act is subsequently held invalid, the bank holding company may acquire the bank or maintain ownership of it subject to the provisions of sections 1 to 8, inclusive, of this act which can be given effect without the provision declared invalid by the court. The approval given by the administrator remains effective if the bank holding company and the bank continue to exercise only those powers granted by this act.
Sec. 32. Section 7 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 7. As used in sections 7 to 24, inclusive, of this act, the words and terms defined in sections 8 to [13,] 12, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 32.5. Section 8 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 8. Acquire means:
1. Acquire control;
2. Acquire all or substantially all assets; [or]
3. Assume all liabilities for deposits [.] ; or
4. Establish a new institution.
Sec. 33. Section 10 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 10. Foreign depository institution means a depository institution whose home office is located in and whose operations are principally conducted in [a reciprocal] another state.
Sec. 34. Section 11 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 11. Holding company for a foreign depository institution means a holding company whose subsidiary depository institutions principally conduct their operations in [a reciprocal] another state.
Sec. 35. Section 17 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 17. The administrator may examine and supervise any foreign depository institution or holding company which has been authorized to do business in this state . [pursuant to section 14 of this act.] Such institutions and holding companies are subject to regulation in the same manner as institutions and holding companies organized under the laws of this state and must pay the same fees for supervision and examination.
κ1985 Statutes of Nevada, Page 2161 (CHAPTER 656, SB 26)κ
Sec. 35.1. Section 18 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 18. Except as provided in sections [19 to 24, inclusive,] 20, 21 and 22 of this act, no foreign depository institution or holding company whose operations are principally conducted in [a reciprocal] another state may acquire or merge with a depository institution organized under the laws of this state or a holding company whose operations are principally conducted in this state unless the institution or holding company to be acquired was in operation on July 1, 1985.
Sec. 35.3. Section 20 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
Sec. 20. 1. If the administrator considers it necessary to protect depositors, creditors and other customers of a failing depository institution or a failing holding company which controls a depository institution, he may solicit offers from and authorize or require the acquisition of the institution or company by or its merger with another institution or company in the following order of priority:
(a) A depository institution of the same class organized under the laws of this state or a holding company whose subsidiaries are of the same class and whose operations are principally conducted in this state.
(b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions which have offices in other states.
(c) [A depository institution licensed under the laws of another state or of the United States whose operations are principally conducted in a reciprocal state, or a holding company for such an institution.
(d)] A depository institution licensed under the laws of another state or of the United States [which does not meet the requirements of paragraph (a), (b) or (c),] or a holding company for such an institution.
The administrator shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.
2. The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if such a selection affords the greatest financial recovery by the failing institutions depositors of all offers received. If it does not, the administrator may negotiate with the institutions submitting offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the failing institutions depositors.
Sec. 35.5. Section 21 of Senate Bill No. 26 of the 63rd session of the legislature is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 2162 (CHAPTER 656, SB 26)κ
Sec. 21. [Except as provided in section 24 of this act, any] Any depository institution or holding company which is acquired pursuant to section 20 of this act, the institution which acquired the depository institution or holding company pursuant to that section or the institution which results from a merger pursuant to that section has all rights, powers and privileges of any other depository institution in this state which is of the same class.
Sec. 36. 1. This act does not limit any power granted to an institution before July 1, 1985. Any acquisition, merger or other transaction lawfully entered before that date is not affected by this act and all activities authorized may be continued.
2. If any provision of this act is held:
(a) Unconstitutional by reason of its inclusion or exclusion of any state in the provisions for reciprocity; or
(b) To authorize before December 31, 1988, except as provided in section 20 of this act, under 12 U.S.C. § 1842(d), the merger or acquisition of shares or assets of a depository institution or holding company having its principal place of business in this state by a bank holding company which does not principally conduct its operations in a state listed in section 13 of this act or in Nevada,
then, except as provided in sections 2, 3 and 4 of chapter 2, Statutes of Nevada 1984, no depository institution or holding company which does not have its principal place of business in this state may merge with or in any way acquire a depository institution organized under the laws of this state or a holding company whose operations are principally conducted in this state. The legislature intends to allow acquisitions, mergers and expansion by or with institutions or their holding companies which are organized under the laws of other states or the United States, which principally conduct their operations in other states, under the conditions specified in this act and in chapter 2, Statutes of Nevada 1984, at page 1.
Sec. 36.2. Sections 28 and 30 of this act do not validate the making of any loan in violation of NRS 673.595 or 80.240 before July 1, 1985, or validate any other act done in connection with such a loan.
Sec. 37. 1. Sections 2 and 26 of this act become effective at 12:01 a.m. on July 1, 1985.
2. Sections 13, 14, 19 and 24 of this act expire by limitation on December 31, 1988.
3. Sections 24.5, 32 and 33 to 35.5, inclusive, and subsection 2 of section 31 of this act become effective on December 31, 1988.
4. Section 18 of this act expires by limitation on July 1, 1990.
5. Section 32.5 of this act becomes effective on July 1, 1990.
________
κ1985 Statutes of Nevada, Page 2163κ
Senate Bill No. 494Committee on Government Affairs
CHAPTER 657
AN ACT relating to collective bargaining by local governments; requiring binding arbitration for firemen and police officers if the parties cannot come to an agreement; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.215 is hereby amended to read as follows:
288.215 1. As used in this section [, firemen] :
(a) Firemen means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the state and whose principal duties are controlling and extinguishing fires.
(b) Police officers means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the state and whose principal duties are to enforce the law.
2. The provisions of this section apply only to firemen and police officers and their local government employers.
3. If the parties have not agreed to make the findings and recommendations of the factfinder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the factfinders report is submitted, submit the issues remaining in dispute to an arbitrator who [shall] must be selected in the manner provided in NRS 288.200 and have the same powers provided for factfinders in NRS 288.210.
4. The arbitrator shall, within 10 days after he is selected, and after 7 days written notice is given to the parties, hold a hearing for the purpose of receiving information concerning the dispute. The hearings [shall] must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.
5. At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:
(a) The parties to the dispute; or
(b) Any interested person.
6. The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.
7. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.
8. If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
κ1985 Statutes of Nevada, Page 2164 (CHAPTER 657, SB 494)κ
within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
9. The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator [shall be] is retroactive to the expiration date of the last contract.
Sec. 2. NRS 288.215 is hereby amended to read as follows:
288.215 1. As used in this section [:
(a) Firemen] , firemen means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the state and whose principal duties are controlling and extinguishing fires.
[(b) Police officers means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the state and whose principal duties are to enforce the law.]
2. The provisions of this section apply only to firemen [and police officers] and their local government employers.
3. If the parties have not agreed to make the findings and recommendations of the factfinder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the factfinders report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for factfinders in NRS 288.210.
4. The arbitrator shall, within 10 days after he is selected, and after 7 days written notice is given to the parties, hold a hearing for the purpose of receiving information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.
5. At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:
(a) The parties to the dispute; or
(b) Any interested person.
6. The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.
7. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.
8. If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
κ1985 Statutes of Nevada, Page 2165 (CHAPTER 657, SB 494)κ
9. The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.
Sec. 3. Section 2 of this act becomes effective on July 1, 1987.
________
Assembly Bill No. 524Assemblymen Humke, Roberts, Beyer, Stone, Nicholas, Lambert, Kerns and Sader
CHAPTER 658
AN ACT relating to children; extending the limitation on prosecution for abuse; requiring the attorney general to coordinate all activities relating to missing children; establishing procedures for law enforcement agency in cases involving a missing child; authorizing public schools to establish programs of information; requiring the presentation of a birth certificate before admittance to school; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Division means the investigation division of the department of motor vehicles.
2. Missing child means a person under the age of 18 years who has run away or is otherwise missing from the care, custody and control of his parent or guardian.
Sec. 3. 1. The attorney general may prepare quarterly a bulletin containing information obtained from the division concerning missing children in this state. The bulletin must contain the name and last known address of the missing child and any other information that the attorney general considers necessary.
2. The attorney general may distribute a copy of the bulletin, free of charge, to each law enforcement agency in this state, the department of education and each school district and every private elementary or secondary school. He may, for a reasonable fee, provide a copy of the bulletin to any other person or governmental agency.
Sec. 4. 1. The attorney general shall establish a program to coordinate activities and information in this state concerning missing children and shall assist any public or private school in establishing a program of information about missing children by providing materials, publications and instructional aids relating to:
κ1985 Statutes of Nevada, Page 2166 (CHAPTER 658, AB 524)κ
(a) Offenses under federal and state law regarding missing children and the abuse or neglect of children.
(b) Governmental and private agencies and programs for locating and identifying missing children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.
(c) Methods of preventing the abduction or disappearance of children.
(d) Techniques for the investigation of cases involving missing children.
(e) Any other issue involving missing children.
2. The attorney general may provide the materials pursuant to subsection 1 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.
Sec. 5. 1. The attorney general shall, on or before January 31 of each year, prepare and submit a report to the governor and the director of the legislative counsel bureau concerning programs of information about missing children in this state and the identification and investigation of cases involving missing children. The director of the legislative counsel bureau shall make the report available to each senator and assemblyman.
2. The division shall cooperate with the attorney general in providing information for that report concerning the identification and investigation of cases involving missing children.
Sec. 6. A law enforcement agency shall not adopt a general policy establishing a waiting period or delay before acting upon any report of a missing child under the age of 14. The law enforcement agency which receives the initial report on the missing child shall evaluate all information available to that agency and the circumstances surrounding the disappearance of the child to determine whether immediate action is necessary.
Sec. 7. 1. Any law enforcement agency that receives a report of a missing child shall:
(a) Transmit all available information about the child to the division within 36 hours after the report is received; and
(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary.
2. If a missing child has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report may ask the childs parent or guardian to consent to the release of the childs dental records to that agency. The law enforcement agency shall transmit any dental records so received to the division for comparison with the dental records of unidentified deceased children. This subsection does not preclude the voluntary release of the missing childs dental records by his parent or guardian at any time.
3. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency when he is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center.
κ1985 Statutes of Nevada, Page 2167 (CHAPTER 658, AB 524)κ
Sec. 8. 1. The attorney general and every law enforcement agency in this state shall cooperate with the Attorney General of the United States in the collection of information that would assist in the identification of an unidentified deceased child and the location of any missing child pursuant to 28 U.S.C. § 534.
2. Law enforcement agencies in this state that are investigating a case involving a missing child shall use the records and information compiled by the Attorney General of the United States pursuant to 28 U.S.C. § 534 when necessary.
Sec. 9. The attorney general shall enter into an agreement with the Secretary of Health and Human Services, as authorized by 42 U.S.C. § 663, under which the services of the Parent Locator Service established pursuant to 42 U.S.C. § 653 are made available to determine the whereabouts of any absent parent or child in order to enforce a law with respect to the unlawful taking or restraint of a child or to make or enforce a determination of the custody of a child.
Sec. 10. NRS 171.085 is hereby amended to read as follows:
171.085 [1. An indictment for theft,] Except as provided in NRS 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. [An indictment for any] Any other felony than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.
Sec. 11. NRS 171.090 is hereby amended to read as follows:
171.090 [1. An indictment for a] Except as provided in NRS 171.095, an indictment for:
1. A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.
2. [An indictment for any] Any other misdemeanor must be found, or an information or complaint filed, within 1 year after its commission.
Sec. 12. NRS 171.095 is hereby amended to read as follows:
171.095 1. If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense , [;] but if any indictment found, or an information or complaint filed, within the time thus prescribed is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
2. An indictment may be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 200.5011, at any time until the victim of the sexual abuse is 18 years old if:
(a) The child did not earlier report the offense to any person who had a duty pursuant to NRS 200.502 to report the abuse to the sheriff or police department; and
κ1985 Statutes of Nevada, Page 2168 (CHAPTER 658, AB 524)κ
a duty pursuant to NRS 200.502 to report the abuse to the sheriff or police department; and
(b) No other report of the offense was made to the sheriff or police department.
Sec. 13. (Deleted by amendment.)
Sec. 14. Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:
The state board of education shall cooperate with the attorney general in the establishment in the schools of programs of information about missing children and adopt regulations containing guidelines for such programs.
Sec. 15. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district may:
(a) Establish a program of information concerning missing children for pupils, parents and other residents of the district; and
(b) Use materials prepared by the attorney general in developing such a program.
2. The board of trustees may request the assistance of the attorney general or the state board of education in establishing its program.
Sec. 16. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district shall not allow a child to be permanently enrolled in any school in the district until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
2. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal or superintendent shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Sec. 17. NRS 392.120 is hereby amended to read as follows:
392.120 [1.] Any parent, guardian or other person who makes a false statement concerning the age or [school attendance] attendance at school, or presents a false birth certificate or record of attendance at school, of a child under 17 years of age who is under his control or charge, the false statement being made with intent to deceive under NRS 392.040 to 392.120, inclusive, [or under] NRS 392.130 to 392.220, inclusive, [shall be] or section 16 of this act is guilty of a misdemeanor.
[2. Any teacher, principal or superintendent of any public school is authorized to require the parent or guardian of any pupil enrolled in his school to furnish a birth certificate or other satisfactory evidence of the age of the pupil.]
Sec. 18. NRS 392.130 is hereby amended to read as follows:
392.130 1. Within the meaning of this Title of NRS, any [school child] pupil shall be deemed a truant who [shall have been] is absent from school without a valid excuse acceptable to his teacher or the principal of the school.
κ1985 Statutes of Nevada, Page 2169 (CHAPTER 658, AB 524)κ
from school without a valid excuse acceptable to his teacher or the principal of the school.
2. Absence for any part of a day shall be [considered] deemed as absence for the entire day within the meaning of this section.
3. The teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of [such truancy] any absence from school to the parent, guardian or other person having control or charge of the child. [After notice has been delivered or furnished to the parent, guardian or other person, any child who is absent from school thereafter within the school year without a valid excuse shall again be deemed a truant.]
Sec. 19. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 and 21 of this act.
Sec. 20. 1. Any private elementary or secondary school in this state may establish a program of information about missing children for pupils, parents and other members of the community.
2. The attorney general and the state board of education shall distribute at no charge to the private school any materials they have that will assist in the establishment of such a program.
Sec. 21. 1. A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
2. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Sec. 22. NRS 481.053 is hereby amended to read as follows:
481.053 1. The director shall appoint the peace officers standards and training committee.
2. The committee consists of three members, one appointed from Clark County, one from Washoe County and one from any other county. Members shall serve terms of 2 years from the date of appointment.
3. The committee shall:
(a) Meet at the call of the director.
(b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
4. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers; [and]
κ1985 Statutes of Nevada, Page 2170 (CHAPTER 658, AB 524)κ
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it approves in those regulations.
5. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
________
Assembly Bill No. 229Assemblymen DuBois, Nevin, Swain, Zimmer, Stone, Beyer, Price, Little, Williams, Malone, Collins and ODonnell
CHAPTER 659
AN ACT relating to domestic violence; requiring arrest by a peace officer for certain batteries; prohibiting immediate release after arrest of a person arrested for certain batteries; prohibiting the suspension of a sentence under certain circumstances; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 4 hours, committed a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person.
2. When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include any mitigating circumstances in his report which prevented him from making an arrest pursuant to subsection 1 and forward a copy of the report to the department of motor vehicles and public safety.
3. The department shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.
Sec. 2. NRS 171.124 is hereby amended to read as follows:
171.124 1. Except as otherwise provided in subsection 3, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
κ1985 Statutes of Nevada, Page 2171 (CHAPTER 659, AB 229)κ
an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
[(f) When he has probable cause to believe that the person to be arrested has committed a battery upon that persons spouse and he finds evidence of bodily harm to the spouse.]
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appear that a felony or gross misdemeanor has not been committed.
3. An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.
Sec. 3. NRS 178.484 is hereby amended to read as follows:
178.484 1. A person arrested for an offense other than murder of the first degrees [shall] must be admitted to bail.
2. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
3. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person must not be admitted to bail sooner than 12 hours after his arrest.
Sec. 4. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public;
κ1985 Statutes of Nevada, Page 2172 (CHAPTER 659, AB 229)κ
(3) A member of a volunteer fire department; or
(4) A jailer, guard, matron or other correctional officer of a city or county jail.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court:
(1) For an offender convicted of a first offense, shall not grant probation to or suspend the sentence of the person unless he completes a program of counseling to prevent abuse of his family.
(2) Shall not grant probation to or suspend the sentence of a person who has previously been convicted of such an offense.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer,
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.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(e) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
Sec. 5. Section 2 of this act becomes effective at 12:02 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 2173κ
Assembly Bill No. 587Committee on Government Affairs
CHAPTER 660
AN ACT relating to local improvements; authorizing the private sale of bonds; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant [hereto] to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.
2. Bonds [must first be offered at a public sale, and if no satisfactory bid is then received, the bonds] may be sold at a public or private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at [such] a discount not exceeding 9 percent of the principal amount and at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. The [bond interest] rate of interest of the bonds must not at any time exceed the [interest rate (] rate of interest, or lower or lowest rate if more than one , [)] borne by the special assessments, but any [such bond interest] rate of interest of the bonds may be the same as or less than any [assessment interest rate,] rate of interest of the assessment, subject to the aforesaid limitation, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project [herein] authorized by this chapter and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of [bond] the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
κ1985 Statutes of Nevada, Page 2174 (CHAPTER 660, AB 587)κ
by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. [The purchaser or purchasers] A purchaser of the bonds [are] is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time; but, [any other provisions hereof notwithstanding,] if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.
10. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds [must thereupon be] is terminated and becomes inoperative.
________
Assembly Bill No. 389Assemblymen Joerg, Thomas, Rader, Bilyeu, Francis, Getto, Bergevin, Ham, Malone, Marvel, Roberts, ODonnell, Price, Humke, Zimmer, Lambert, Williams, Fairchild, Craddock, Bogaert, Coffin, Collins, Little, Tebbs, Nevin, DuBois, Beyer, Jeffrey, Stone, Arberry, Sedway, Schofield, Thompson, Kerns, Nicholas, Horne, McGaughey, Banner, Spriggs, Sader, Swain and Dini
CHAPTER 661
AN ACT relating to public securities; facilitating borrowing to finance the restoration of a historic structure; enlarging the uses of certain county revenue bonds to include the restoration or preservation of a historic structure; enlarging the uses of certain state revenue bonds; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Historic structure means a building, facility or other structure which is eligible for listing in the state register of historic places under NRS 383.085.
Sec. 3. 1. The director has all the powers necessary to accomplish the purposes set forth in NRS 349.560, but these powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this state.
κ1985 Statutes of Nevada, Page 2175 (CHAPTER 661, AB 389)κ
2. NRS 349.400 to 349.670, inclusive, and sections 2 to 8, inclusive, of this act must be liberally construed in conformity with the purposes set forth in NRS 349.560.
Sec. 4. The director may not, under NRS 349.400 to 349.670, inclusive, and sections 2 to 8, inclusive, of this act:
1. Operate any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development or any health and care facility to which he provided assistance; or
2. Assist any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development to locate in a county or city which would compete substantially with an enterprise or organization already established in the county or city for substantially the same intrastate markets.
Sec. 5. NRS 349.400 is hereby amended to read as follows:
349.400 As used in NRS 349.400 to 349.670, inclusive, and sections 2 to 4, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 349.410 to 349.540, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 349.510 is hereby amended to read as follows:
349.510 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for [a manufacturing, industrial, warehousing, commercial or research and development enterprise, a health and care facility or a supplemental facility for a health and care facility; or] :
(a) Industrial uses, including assembling, fabricating, manufacturing, processing or warehousing;
(b) Research and development relating to commerce or industry, including professional, administrative and scientific offices and laboratories;
(c) Commercial enterprises;
(d) Civic and cultural enterprises open to the general public, including theaters, museums and exhibitions, together with buildings and other structures, machinery, equipment, facilities and appurtenances thereto which the director deems useful or desirable in connection with the conduct of any such enterprise;
(e) An educational institution operated by a nonprofit organization not otherwise directly funded by the state which is accredited by a nationally recognized educational accrediting association; or
(f) Health and care facilities and supplemental facilities for health and care;
2. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire [.] ; or
κ1985 Statutes of Nevada, Page 2176 (CHAPTER 661, AB 389)κ
3. The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the division of historic preservation and archaeology of the state department of conservation and natural resources.
Sec. 7. NRS 349.560 is hereby amended to read as follows:
349.560 [1.] It is the intent of the legislature to authorize the director to finance, acquire, own, lease, improve and dispose of properties to [the end that the director may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing, commercial and research and development enterprises to locate in, remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources, and to enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire. It is, therefore, the intention of the legislature to vest the director with all powers that may be necessary to enable him to accomplish those purposes , which powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize the director to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the community in which the facilities are situated.
3. It is not intended hereby that the director himself be authorized to operate any such manufacturing, industrial, warehousing, commercial or research and development enterprise or health and care facility.
4. The director may not by virtue of NRS 349.400 to 349.670, inclusive, assist any manufacturing, industrial, warehousing, commercial or research and development enterprise which would offer substantial competition to an existing enterprise within the county or city whose intrastate markets are substantially the same.
5. NRS 349.400 to 349.670, inclusive, must be liberally construed in conformity with this declaration of purpose.] :
1. Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and commercial enterprises and organizations for research and development to locate in, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.
κ1985 Statutes of Nevada, Page 2177 (CHAPTER 661, AB 389)κ
3. Promote the public health by enabling the acquisition, development, expansion and maintenance of health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality at reasonable rates to the residents of the community in which the facilities are situated.
4. Promote the educational, cultural, economic and general welfare of the public by financing civic and cultural enterprises, certain educational institutions and the preservation or restoration of historic structures.
Sec. 8. NRS 349.580 is hereby amended to read as follows:
349.580 The director shall not finance a project unless, before financing:
1. The director finds that:
(a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 to 244A.763, inclusive, and sections 15, 16 and 17 of this act, or 268.512 to 268.568, inclusive; and
(b) There has been a request by a city or county to have the director issue bonds to finance the project; or
2. The director finds and both the [state board of finance] board and the governing body of the city or county where the project is to be located approve the findings of the director that:
(a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, preservation, restoration, rehabilitation or redevelopment [for] :
(1) For manufacturing, industrial, warehousing, [commercial or] civic, cultural or commercial enterprises, educational institutions or organizations for research and development [enterprises or for] ;
(2) For a health and care facility or a supplemental facility for a health and care facility [, or of] ;
(3) Of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire; or
(4) Of a historic structure;
(b) The project will provide a public benefit;
(c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;
(d) There are sufficient safeguards to assure that all money provided by the department will be expended solely for the purposes of the project;
(e) There are existing and projected needs for the project and the project would alleviate an existing shortage of facilities or services in the state;
κ1985 Statutes of Nevada, Page 2178 (CHAPTER 661, AB 389)κ
(f) The project would be compatible with existing facilities in the area adjacent to the location of the project;
(g) The [purpose of the financing of the project is not solely to provide tax-free financing to the lessee, purchaser or other obligor;] project is compatible with the plan of the state for economic diversification and development or for the marketing and development of tourism in this state;
(h) Through the advice of counsel or other reliable source that the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and
(i) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the director issue revenue bonds for industrial development [revenue bonds] to finance the project.
Sec. 9. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.
Sec. 10. 1. Upon the adoption of a resolution to finance the preservation or restoration of a historic structure, in the manner provided in NRS 354.618, by a municipality, a certified copy thereof must be forwarded to the executive director of the department of taxation, accompanied by a letter from the division of historic preservation and archeology of the department of conservation and natural resources certifying that the preservation or restoration conforms to accepted standards for such work. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the municipality concerned and the probable ability of the municipality to repay the requested financing, either approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.
2. If the executive director of the department of taxation does not approve the financing resolution, the governing board of the municipality may appeal the executive directors decision to the Nevada tax commission.
3. For the purposes of this section, historic structure means a building, facility or other structure which is eligible for listing in the state register of historic places under NRS 383.085.
Sec. 11. 1. Whenever the governing body of any municipality is authorized to enter into financing for restoration of a historic structure, as provided in section 10 of this act, the governing body may issue, as evidence thereof, negotiable notes or bonds.
2. The negotiable notes or bonds must:
(a) Mature not later than 15 years after the date of issuance.
(b) Bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
κ1985 Statutes of Nevada, Page 2179 (CHAPTER 661, AB 389)κ
Sec. 12. NRS 350.500 is hereby amended to read as follows:
350.500 NRS 350.500 to 350.720, inclusive, and sections 10 and 11 of this act shall be known as the Local Government Securities Law.
Sec. 13. NRS 350.504 is hereby amended to read as follows:
350.504 As used in [this chapter and in any act supplemental or relating thereto,] NRS 350.500 to 350.720, inclusive, and sections 10 and 11 of this act, and in any instrument or document appertaining thereto, unless the context otherwise requires, the words and terms defined in NRS 350.506 to 350.566, inclusive, have the meanings ascribed to them in those sections.
Sec. 14. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 15, 16 and 17 of this act.
Sec. 15. Historic structure means a building, facility or other structure which is eligible for listing in the state register of historic places under NRS 383.085.
Sec. 16. 1. Each county is vested with all the powers necessary to accomplish the purposes set forth in NRS 244A.695, but these powers must be exercised for the health, safety and welfare of the inhabitants of this state.
2. NRS 244A.669 to 244A.763, inclusive, and sections 15, 16 and 17 of this act must be liberally construed in conformity with the purposes set forth in NRS 244A.695.
Sec. 17. A county may not, under NRS 244A.669 to 244A.763 inclusive, and sections 15, 16 and 17 of this act:
1. Operate any manufacturing, industrial or warehousing enterprise or an organization for research and development to which it provided assistance; or
2. Assist any manufacturing, industrial or warehousing enterprise or organization for research and development to locate in the county, except for health and care facilities and supplemental facilities for health and care facilities, which would compete substantially with an enterprise or organization already established in that county for substantially the same intrastate markets.
Sec. 18. NRS 244A.671 is hereby amended to read as follows:
244A.671 Whenever used in NRS 244A.669 to 244A.763, inclusive, and sections 15, 16 and 17 of this act, unless a different meaning clearly appears from the context, the words and terms defined in NRS 244A.673 to 244A.693, inclusive, and section 15 of this act have the meanings ascribed to them in those sections.
Sec. 19. NRS 244A.689 is hereby amended to read as follows:
244A.689 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for a manufacturing, industrial [, warehousing or] or warehousing enterprise or an organization for research and development , [enterprise,] a health and care facility or a supplemental facility for a health and care facility.
κ1985 Statutes of Nevada, Page 2180 (CHAPTER 661, AB 389)κ
2. The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
5. Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
6. In addition to the kinds of property described in sections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.
7. The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the division of historic preservation and archeology of the state department of conservation and natural resources.
Sec. 20. NRS 244A.695 is hereby amended to read as follows:
244A.695 [1.] It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to [the end that the counties may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources, and to enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire. It is, therefore, the intention of the legislature to vest the counties with all powers that may be necessary to enable them to accomplish those purposes. The powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
κ1985 Statutes of Nevada, Page 2181 (CHAPTER 661, AB 389)κ
2. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commence with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public, in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability. This purpose includes the furnishing of electricity and the provision of facilities to transmit electricity for sale outside the state if its generation promotes industry, commerce or employment within the sate.
3. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the county.
4. It is not intended that any county itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
5. No county may by virtue of NRS 244A.669 to 244A.763, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same. The provisions of this subsection do not apply to health and care facilities or to supplemental facilities for health and care facilities.
6. NRS 244A.669 to 244A.763, inclusive, must be liberally construed in conformity with this declaration of purpose.] :
1. Promote industry and employment and develop trade by inducing manufacturing, industrial and warehousing enterprises and organizations for research and development to locate in, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.
3. Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this state by:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and
κ1985 Statutes of Nevada, Page 2182 (CHAPTER 661, AB 389)κ
(b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the state.
4. Promote the health of residents of the county by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.
5. Promote the educational, cultural, economic and general welfare of the public by financing the preservation of historic structures in the county, or their restoration for the original or another use, in order to preserve structures of historic interest.
Sec. 21. NRS 244A.711 is hereby amended to read as follows:
244A.711 1. Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board of county commissioners shall proceed no further unless or until it:
(a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moodys Investor Service, Inc. or Standard and Poors Corporation, except that a municipal or other public supplier of electricity in this state, a public utility regulated by the public service commission of Nevada, the owner of a historic structure, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and
(e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.
2. If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.
κ1985 Statutes of Nevada, Page 2183 (CHAPTER 661, AB 389)κ
project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.
3. The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
4. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.
Sec. 22. This act becomes effective upon passage and approval.
________
Assembly Bill No. 153Committee on Labor and Management
CHAPTER 662
AN ACT relating to picketing; restricting the number of pickets; confining pickets to certain areas during a strike; providing a penalty; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 614 of NRS is hereby amended by adding thereto a new section to read as follows:
1. During the pendency of a strike, work stoppage or other dispute, it is unlawful for any person:
(a) To picket on private property without the written permission of the owner or pursuant to an order from a federal court or agency of competent jurisdiction, even if the private property is open to the public as invitees for business, except that an employee may enter or leave his employers property in the course of his employment or for the purpose of receiving payment for services performed;
(b) To maintain any picket or picket line, individually or as part of a group, in front of or across entrances to or exits from any property, except that the following numbers of pickets may be maintained across entrances or exits if the pickets do not narrow or block the entrances or exits or delay, impede or interfere with the ability of persons or vehicles to enter or leave the property:
(1) Two pickets at pedestrian entrances and exits;
(2) Two pickets at driveway entrances and exits 20 feet or less in width; and
κ1985 Statutes of Nevada, Page 2184 (CHAPTER 662, AB 153)κ
(3) Six pickets at driveway entrances and exits more than 20 feet in width;
(c) Knowingly to threaten, molest, assault, or in any manner physically touch the person, clothing or vehicle of any person attempting to enter or leave any property, including employees, agents, contractors, representatives, guests, customers or others doing or attempting to do business with the owner or occupant;
(d) Intentionally to operate a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property;
(e) To use language or words threatening to do harm to a person or his property or designed to incite fear in any person attempting to enter or leave any property; or
(f) Knowingly to spread, drop, throw or otherwise knowingly to disperse nails, tacks, staples, glass or other objects in the entrances to or exits from any property.
2. Any persons participating in a strike, work stoppage or other dispute may picket on the public sidewalks or other public areas between entrances and exits to any property if the pickets maintain a distance of 30 feet from each person or group of two persons to the next person or group and no more than two persons walk abreast.
3. Persons who picket any property may congregate in groups of 10 or fewer confer with their captain at reasonable times or to obtain food and drink at reasonable times, shall not so congregate within 30 feet of any entrance or exit.
4. Each county shall adopt by ordinance a procedure by which it may grant a variance from the provisions of paragraph (b) of subsection 1.
5. Any person who violates the prohibitions of this section or of a variance granted pursuant to subsection 4 is guilty of a misdemeanor. This section does not preclude civil action or additional criminal prosecution based upon acts which are prohibited by this section.
________
Senate Bill No. 130Committee on Commerce and Labor
CHAPTER 663
AN ACT relating to mortgage companies; limiting permissible activities; authorizing the imposition of an administrative fine for certain violations; abolishing the fund to pay claims against mortgage companies; eliminating the requirement for a bond; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
κ1985 Statutes of Nevada, Page 2185 (CHAPTER 663, SB 130)κ
Sec. 2. 1. Each mortgage company licensed pursuant to this chapter, other than those companies which do not maintain trust accounts, shall pay, in addition to the annual fee for a license, an annual fee, in an amount to be determined by the administrator, to be used to pay the salary and expenses of a certified public accountant employed by the division of financial institutions of the department of commerce to review independent audits of mortgage companies and to conduct such audits of those companies as the administrator deems necessary.
2. The fees received pursuant to this section must be deposited in the fund for audits of mortgage companies which is hereby created as a special revenue fund. All money in the fund and the interest earned thereon must be used only for the purpose stated in subsection 1.
3. The administrator shall administer the fund.
Sec. 3. No mortgage company may advance payments to an investor on behalf of a person who has obtained a loan secured by a lien on real property and who has defaulted in his payments.
Sec. 4. 1. If premium interest is paid by a mortgage company on money it receives from a person to acquire ownership of or a beneficial interest in a loan secured by a lien on real property or in full or partial payment of such a loan, that interest must be paid from the assets or income of the mortgage company and may not be guaranteed.
2. For the purposes of this section, premium interest means that amount of interest a mortgage company pays to a person which exceeds the amount which is being obtained from the insured depository financial institution.
Sec. 5. 1. Before a person invests money through a mortgage company licensed pursuant to this chapter, he must sign a written statement received from the company, acknowledging that:
(a) The company has explained to him the nature and risks of investing through the company, including the possibility of default in payment, the fact that payments are not guaranteed, the resulting foreclosure and the losses that may result; and
(b) He is aware that the company is not a depository financial institution.
2. The investor must sign such a statement upon his initial investment only, and not before each subsequent investment.
3. The statement must be made on a form prescribed by the administrator.
Sec. 5.5. A mortgage company shall not assign all or a part of its interest in a mortgage unless the company:
1. Obtains title insurance for the mortgaged property; and
2. Records the assignment in the office of the county recorder of the county in which the property is located.
Sec. 6. Each mortgage company shall submit any proposed advertisement it intends to use to the administrator for approval. The administrator shall, within 5 working days after receiving the advertisement, approve or disapprove its use and notify the company of that decision.
κ1985 Statutes of Nevada, Page 2186 (CHAPTER 663, SB 130)κ
Sec. 7. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of financial institutions.
2. Depository financial institution means a bank, savings and loan association, thrift company or credit union.
3. Mortgage company means any person who, directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property, unless the loans are made pursuant to subsection 6 or 8 of NRS 645B.190; or
(d) [Holds himself out as being able to service loans secured by liens on real property; or
(e)] Holds himself out as being able to buy or sell notes secured by liens on real property.
Sec. 8. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A license as a mortgage company may be obtained by filing a written application in the office of the administrator.
2. The application must:
(a) Be verified.
(b) State the location of the applicants principal office and branch offices in the state.
(c) State the name under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the mortgage company business.
(g) [Require] Include a financial statement of the applicant.
(h) [Require] Include such other information as the administrator determines necessary.
3. If the administrator determines after investigation that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the handling of money deposited for taxes and insurance premiums or otherwise held in escrow or trust accounts as provided in this chapter will protect and safeguard the public, he shall issue a license to the applicant as a mortgage company. A license entitles the holder to engage in the activities authorized by this chapter.
κ1985 Statutes of Nevada, Page 2187 (CHAPTER 663, SB 130)κ
Sec. 9. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the administrator on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The administrator may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The administrator shall require a licensee to deliver a financial statement prepared from his books and records by a public accountant who [is certified or registered] holds a permit to engage in the practice of public accounting in this state [.] which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The administrator may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the administrator at the same time as he submits the report to the company. The administrator shall by regulation prescribe the scope of audits pursuant to this subsection.
4. The filing fees are:
(a) For filing an original application, [$200] $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(b) If the license is approved for issuance, [$300] $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500[.] for the principal office and $100 for each branch office.
(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
[4.] 5. Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 10. NRS 645B.080 is hereby amended to read as follows:
645B.080 1. All mortgage companies shall keep and maintain at all times in their [principal] places of business complete and suitable records of all mortgage transactions made by them [,] at that location, together with all original books, papers and data clearly reflecting the financial condition of the business of such companies.
κ1985 Statutes of Nevada, Page 2188 (CHAPTER 663, SB 130)κ
together with all original books, papers and data clearly reflecting the financial condition of the business of such companies.
2. Each mortgage company shall submit to the administrator each month a report of the companys activity for the previous month. The report must:
(a) Specify the volume of loans arranged by the company for the month or state that no loans were arranged in that month;
(b) Include such other information as the administrator by regulation requires; and
(c) Be submitted to the administrator by the 15th day of the month following the month for which the report is made.
3. The administrator may adopt regulations prescribing accounting procedures for mortgage companies handling trust accounts and the requirements for keeping records relating thereto.
Sec. 11. NRS 645B.100 is hereby amended to read as follows:
645B.100 1. Grounds for refusing to license any person as a mortgage company and grounds for suspending any license are that the applicant or licensee:
(a) Is insolvent;
(b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;
(c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has been guilty of fraud in connection with any transaction governed by this chapter;
(f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of his business;
(g) Has knowingly made or caused to be made to the administrator any false representation of material fact or has suppressed or withheld from the administrator any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;
(h) Has failed to account to persons interested for all money received for the impound trust account;
(i) Has refused to permit an examination by the administrator of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the administrator under the provisions of this chapter;
(j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;
(k) Has refused or failed to pay, within a reasonable time, those expenses assessed to the mortgage company pursuant to NRS 645B.050 or 645B.070;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment; or
κ1985 Statutes of Nevada, Page 2189 (CHAPTER 663, SB 130)κ
(m) Has not conducted verifiable business as a mortgage company for [6] 12 consecutive months, except in the case of a new applicant. The administrator shall determine whether a company is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.
2. It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of a natural person.
3. The administrator may impose an administrative fine, not to exceed $500 for each violation, if a mortgage company intentionally or repeatedly commits any violation enumerated in paragraphs (a) to (i), inclusive, (k), (l) or (m) of subsection 1.
Sec. 12. NRS 645B.175 is hereby amended to read as follows:
645B.175 1. All money [paid to] received by a mortgage company [by] from a person to acquire ownership of or a beneficial interest in a loan [, made or to be made by the mortgage company and] secured by a lien on real property, must:
(a) Be deposited in:
(1) An insured [bank or insured savings and loan association;] depository financial institution; or
(2) An escrow account which is controlled by a person who is independent of the parties and subject to instructions regarding the account which are approved by the parties . [; and]
(b) Be kept separate from money [belonging] :
(1) Belonging to the mortgage company in an account appropriately named to indicate that [it contains the proceeds of a loan, not belonging] the money does not belong to the mortgage company.
(2) Received pursuant to subsection 3.
2. The amount held in trust pursuant to subsection 1 must be released:
(a) Upon completion of the loan, including proper recordation of the respective interests or release, or upon completion of the transfer of the ownership or beneficial interest therein, to the debtor or his designee [or to] less that amount due the mortgage company [, as the case may be;] for the payment of any fee or service charge;
(b) If the loan or the transfer thereof is not consummated, to the person who furnished the money held in trust; or
(c) Pursuant to any instructions regarding the escrow account.
3. All money paid to a mortgage company by a person in full or in partial payment of a loan [, made by that company and] secured by a lien on real property, must:
(a) Be deposited in:
(1) An insured [bank or insured savings and loan association;] depository financial institution; or
κ1985 Statutes of Nevada, Page 2190 (CHAPTER 663, SB 130)κ
(2) An escrow account which is controlled by a person who is subject to instructions regarding the account which are approved by the parties . [; and]
(b) Be kept separate from money [belonging] :
(1) Belonging to the mortgage company in an account appropriately named to indicate that it [contains payments on a loan, not belonging] does not belong to the mortgage company.
(2) Received pursuant to subsection 1.
4. The amount held in trust pursuant to subsection 3 must be released, upon the deduction and payment of any fees or service charge due the mortgage company, to the owner of or the person having the beneficial interest in the note.
5. Upon reasonable notice, any mortgage company described in this section shall:
(a) Account to any debtor or creditor upon whose behalf money has been paid to the mortgage company and deposited in the trust accounts as set forth in this section; and
(b) Account to the administrator for all money in the mortgage companys loan proceeds or loan payments trust account.
6. Money received by a mortgage company pursuant to this section from a person who is not associated with the company may be held in trust for no more than 45 days before an escrow account must be opened in connection with the loan. If, within this 45-day period, the loan or the transfer therefor is not consummated, the money must be returned within 24 hours. If the money is so returned, it may not be reinvested with the mortgage company for at least 15 days.
Sec. 12.5. NRS 645B.190 is hereby amended to read as follows:
645B.190 The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
4. [Any] Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by means of a [trust deed or a mortgage which is insured or guaranteed by the Department of Housing and Urban Development or the Veterans Administration; or] mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer [, whose principal purpose or activity is lending money on real property secured by means of a trust deed or a mortgage which complies with the underwriting standards of the Federal National Mortgage Association.]
κ1985 Statutes of Nevada, Page 2191 (CHAPTER 663, SB 130)κ
which complies with the underwriting standards of the Federal National Mortgage Association.] ; and
(c) Approved by the Department of Housing and Urban Development and the Veterans Administration.
A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 or 3 of NRS 645B.175. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170.
5. Any person doing any act under order of any court.
6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account.
7. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
8. A seller of real property who offers credit secured by a mortgage of the property sold.
Sec. 13. NRS 645B.225 is hereby amended to read as follows:
645B.225 Any person who violates any provision of NRS [645B.165 to 645B.180, inclusive, is guilty of a:
1. Misdemeanor] 645B.170, 645B.175 or 645B.180:
1. Is guilty of a misdemeanor if the amount involved is less than $100;
2. [Gross] Is guilty of a gross misdemeanor if the amount involved is $100 or more but less than $1,000; or
3. [Felony] 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, if the amount involved is $1,000 or more.
Sec. 14. NRS 645B.030, 645B.040 and 645B.053 to 645B.057, inclusive, are hereby repealed.
Sec. 15. 1. A claim for payment from the fund for mortgage investors made for any actual unpaid losses incurred by the claimant before July 1, 1985, must be filed with the administrator on or before July 1, 1987.
2. Each person licensed under chapter 645B of NRS who is required to pay an annual fee for claims against persons licensed under that chapter before July 1, 1985, shall continue to pay that fee until July 1, 1987. The administrator shall establish this fee as a percentage of the volume of loans in dollars originated in this state in the preceding calendar year by each such licensee so that the balance in the fund under normal circumstances is not reduced substantially below $100,000. If, before July 1, 1987, the balance in the fund is less than $100,000, the administrator shall establish and collect from each such licensee at the time the fee is paid, an assessment in an amount which is sufficient to increase the balance to at least $100,000.
κ1985 Statutes of Nevada, Page 2192 (CHAPTER 663, SB 130)κ
time the fee is paid, an assessment in an amount which is sufficient to increase the balance to at least $100,000. The administrator may collect such an assessment only once in any 1 year.
3. The money in the fund on July 1, 1985, must remain in the fund until all approved claims have been paid. At that time, any money remaining in the fund must be paid to each licensee who paid money into the fund in proportion to the amount so paid.
4. If there is an insufficient amount of money in the fund to satisfy all approved claims, the administrator may designate a receiver to represent the interests of the claimants affected or petition a court to make payments from the fund in any manner that it may find equitable.
Sec. 16. A firm or corporation which claims an exemption from the provisions of chapter 645B of NRS pursuant to subsection 4 of NRS 645B.190, as amended by section 12.5 of this act, must on or before January 1, 1986, submit proof to the administrator of financial institutions that it is so exempt. The exemption does not apply if the firm or corporation does not submit such proof.
________
Senate Bill No. 147Committee on Commerce and Labor
CHAPTER 664
AN ACT relating to thrift companies; prohibiting the issuance of thrift certificates; requiring insurance to cover deposits; making various regulatory changes; providing penalties; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that:
1. The decreasing regulation of financial institutions by this state and the Federal Government permits new types of depository accounts to be made available to customers.
2. Customers are frequently unaware as to which of these kinds of accounts are insured and in which institutions.
3. The financial failure of a depository institution could result in the loss of the lifetime savings of its customers unless its accounts are insured.
4. Persons who place their money in a thrift institution need the protection of insurance for that money.
5. With respect to persons who, on or after the effective date of this act, apply for authorization to engage in the business regulated pursuant to chapter 677 of NRS, insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et. seq.) or the National Housing Act (12 U.S.C. §§ 1701 to 1743, inclusive) is preferred to a contract of insurance issued by a private insurer.
κ1985 Statutes of Nevada, Page 2193 (CHAPTER 664, SB 147)κ
Sec. 2. Chapter 677 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7.7, inclusive, of this act.
Sec. 3. 1. Deposit means that part of the liability of a licensee for savings which is credited to the account of a depositor.
2. The term includes a time deposit evidenced by a certificate of deposit, but does not include an obligation evidenced by a thrift certificate.
Sec. 4. Subject to the prior approval of the administrator, a licensee may, by a majority vote of its board of directors:
1. Enter into a contract, incur an obligation and perform other acts necessary to obtain a membership or other benefit that is available to a thrift company or its customers, stockholders, conservators, receivers or liquidators pursuant to the provisions of:
(a) The Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et seq.);
(b) The National Housing Act (12 U.S.C. §§ 1701 to 1743, inclusive); or
(c) A contract of insurance obtained by a licensee pursuant to paragraph (c) of subsection 1 of section 7 of this act.
2. Subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation.
Sec. 5. 1. Each licensee must maintain a record that includes for each employee:
(a) His full name;
(b) The address of each place at which he has resided during the previous 10 years;
(c) The name and address of each employer during the previous 10 years;
(d) A recent photograph of the employee measuring 3 by 5 inches; and
(e) Any alias used by the employee.
2. The information contained in this record must be provided to the administrator upon his request but is otherwise confidential.
Sec. 6. 1. Unless the licensee has received a written waiver from the administrator, the total amount of money that it has advanced or committed for the real property that it has developed or constructed may not exceed twice the sum of its capital, surplus, undivided profits, reserve for loans, reserve for federal insurance and any other reserves specified by the administrator.
2. If a licensee acquires title to any real property pursuant to the provisions of subsection 1 of NRS 677.630, the deed or other document representing the transaction must be recorded immediately.
3. An account must be established for the acquired property with a separate subsidiary ledger or other appropriate record. The amount carried in the account must be the sum of the unpaid principal balance of any loan made by the licensee that was secured by the foreclosed property plus the cost of the foreclosure less any advance payments held in the account for loans in progress at the time of acquisition, together with:
κ1985 Statutes of Nevada, Page 2194 (CHAPTER 664, SB 147)κ
in the account for loans in progress at the time of acquisition, together with:
(a) Any amount paid after acquisition for taxes on the property that accrued before the acquisition;
(b) Assessments that are due or delinquent at the time of acquisition;
(c) Any other costs of acquisition; and
(d) The cost of insurance on the property.
4. The subsidiary ledger or other appropriate record must indicate as to each property:
(a) The type and character of the property;
(b) All the capitalized items of investment and their cost; and
(c) The account number of the former loan or contract of sale.
Sec. 7. 1. An applicant for an authorization to engage in the business regulated pursuant to this chapter must obtain:
(a) The insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et seq.);
(b) The insurance of deposits provided pursuant to the provisions of the National Housing Act (12 U.S.C. §§ 1701 to 1743, inclusive); or
(c) A contract for the insurance of deposits which is issued by a private insurer approved by the administrator and the commissioner of insurance pursuant to section 7.3 of this act. Such a contract must be approved by the administrator and the commissioner. The issuance of such a contract of insurance is not transacting insurance for the purposes of Title 57 of NRS.
2. On or after the effective date of this section, an applicant must first attempt to obtain the insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et seq.) or the National Housing Act (12 U.S.C. §§ 1701 to 1743, inclusive) before obtaining a contract of insurance. The administrator and the commissioner shall not approve a contract of insurance for such an applicant unless they are satisfied that the reasons why the applicant has not obtained insurance under those provisions do not indicate that the protection intended to be afforded to the depositors by this act will be substantially impaired.
3. The administrator and the commissioner shall not approve a contract of insurance unless the protection afforded thereby to the depositors is substantially equivalent to the protection afforded by the Federal Deposit Insurance Corporation to the depositors of the accounts that it insures.
Sec. 7.3. 1. In determining whether a private insurer is acceptable to issue a contract for the insurance of deposits, the administrator and the commissioner of insurance must consider:
(a) The value of the insurers capital.
(b) The ratio of the insurers assets, including reinsurance, which are readily available to cover any losses incurred by depositors, to its insured deposits. This ratio must be adequate to reimburse depositors for any losses which they may incur and may not be less than the ratio maintained by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, whichever is greater.
κ1985 Statutes of Nevada, Page 2195 (CHAPTER 664, SB 147)κ
maintained by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, whichever is greater.
(c) The qualifications of the directors, officers and managers of the insurance company.
(d) The insurers articles of incorporation and its bylaws and all amendments thereto.
(e) The insurers policies for investments.
(f) The form of all insurance contracts entered into by the insurer, including contracts for reinsurance.
(g) The insurers requirements for premiums or deposits.
(h) The insurers policies for the management of risk.
(i) Such other considerations as the administrator may provide by regulation which are necessary to carry out the provisions of sections 3 to 7.3, inclusive, of this act.
2. After a private insurer obtains the approval of the administrator and the commissioner, the administrator, after consultation with the commissioner, may, for cause, require the insurer to establish and maintain for such a time as the administrator may require, a reserve, in cash or United States treasury bills or notes, in an amount fixed by the administrator. If required, the reserve must be kept in an account approved by the administrator in a federally insured financial institution located in this state.
Sec. 7.7. 1. Except as limited by subsection 2, if the administrator has taken possession of the property and business of a corporation licensed under this chapter pursuant to NRS 677.540, or a receiver, other than the state, has been appointed for and taken possession of the property and business of such a corporation, the administrator may solicit offers from and authorize or require the acquisition of the corporation by or its merger with another institution or company in the following order of priority:
(a) A corporation which is licensed pursuant to this chapter.
(b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions whose parent corporation has offices or operations in other states.
(c) A bank, savings and loan association or thrift company, or its parent corporation, licensed pursuant to the laws of the United States or of another state, whose operations are principally conducted within the states of Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, New Mexico, Oregon, Utah, Washington or Wyoming.
(d) A bank, savings and loan association or thrift company, or its parent corporation, licensed pursuant to the laws of the United States or of another state, whether or not its principal place of business is in another state.
The administrator shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.
κ1985 Statutes of Nevada, Page 2196 (CHAPTER 664, SB 147)κ
2. The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if such a selection affords the greatest financial recovery by the corporations depositors of all offers received. The administrator may not accept any offer which affords the corporations depositors a smaller financial recovery than they would receive if the corporation were liquidated. If the administrator receives one or more acceptable offers he may negotiate with the institutions submitting acceptable offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the corporations depositors.
3. If a thrift company of which the administrator took possession before May 1, 1985, is acquired by or merged with any depository institution or its parent or affiliate, that thrift company, or the acquiring institution, or the institution which results from the merger has all the rights, powers and privileges of any other depository institution in this state of the same class. If the institution which acquires or merges with the thrift company does not own or operate a bank or a savings and loan association in this state it may acquire, establish or operate one such bank or association. The legislature intends that this subsection authorize an institution or its parent or affiliate which is organized under the laws of another state or of the United States and which principally conducts its operations in another state to acquire, establish or operate a bank or savings and loan association in this state.
4. If the institution which acquires or merges with a thrift company pursuant to subsection 3, or a parent or affiliate of that institution, has acquired a bank located in Nevada pursuant of NRS 666.128, the limitations imposed by NRS 666.132 no longer apply to the operations of the institution or its parent or affiliate.
Sec. 8. NRS 677.020 is hereby amended to read as follows:
677.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 677.025 to 677.140, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 9. NRS 677.100 is hereby amended to read as follows:
677.100 License means a license, issued under the authority of this chapter, to issue thrift certificates or accept deposits and make loans in accordance with the provisions of this chapter, at a single place of business.
Sec. 10. NRS 677.100 is hereby amended to read as follows:
677.100 License means a license, issued under the authority of this chapter, to [issue thrift certificates or] accept deposits and make loans in accordance with the provisions of this chapter, at a single place of business.
Sec. 11. NRS 677.170 is hereby amended to read as follows:
677.170 [1. At the time of filing an application for authorization to engage in business under this chapter, the applicant shall file with the administrator a bond or an irrevocable letter of credit in the sum of at least $1,000,000, upon which the applicant is the obligor.
κ1985 Statutes of Nevada, Page 2197 (CHAPTER 664, SB 147)κ
the administrator a bond or an irrevocable letter of credit in the sum of at least $1,000,000, upon which the applicant is the obligor.
2. If the applicant files a bond it must be signed by one or more sureties approved by the administrator, whose liability as sureties need not exceed that amount in the aggregate.
3. If the applicant files an irrevocable letter of credit, it must be issued by a bank approved by the administrator and whose deposits are insured by the Federal Deposit Insurance Corporation.
4. The bond or letter of credit must be conditioned that the applicant shall:
(a) Faithfully conform to and abide by the provisions of this chapter and all regulations adopted by the administrator under this chapter.
(b) Pay to the state and to any person all money that becomes due or owing to the state or to that person from the applicant under the provisions of this chapter.
5. The terms of the bond or letter of credit must be approved by the administrator.
6.] A licensee which proposes to accept deposits or issue thrift certificates shall file with the administrator a fidelity bond providing fidelity coverage on each officer, director and employee of at least $100,000. The fidelity bond may be either a bankers blanket bond or a finance companys blanket bond, but must be written by an insurer who has been approved by the administrator.
Sec. 12. NRS 677.170 is hereby amended to read as follows:
677.170 A licensee which proposes to accept deposits [or issue thrift certificates] shall file with the administrator a fidelity bond providing fidelity coverage on each officer, director and employee of at least $100,000. The fidelity bond may be either a bankers blanket bond or a finance companys blanket bond, but must be written by an insurer who has been approved by the administrator.
Sec. 13. NRS 677.175 is hereby amended to read as follows:
677.175 If the administrator finds that a bond [or letter of credit] filed pursuant to NRS 677.170 is not sufficient to protect the interests of the public, he shall require the applicant to deposit an additional bond . [or letter of credit.]
Sec. 14. NRS 677.190 is hereby amended to read as follows:
677.190 The administrator shall not approve the application unless he ascertains to his satisfaction:
1. That the public convenience and advantage will be promoted by the establishment of the proposed corporation.
2. That the corporation is being formed for no other purpose than the legitimate objectives contemplated by this chapter.
3. That the proposed capital structure is adequate.
4. That the financial responsibility, character and general fitness of the proposed officers, directors, shareholders and other investors [(except thrift certificate holders)] are such as to command the confidence of the community and to warrant belief that the business will be operated honestly and fairly within the purpose of this chapter, and that the proposed officers and directors have sufficient banking, industrial loan or other experience, ability and standing to afford reasonable promise of successful operation.
κ1985 Statutes of Nevada, Page 2198 (CHAPTER 664, SB 147)κ
the proposed officers and directors have sufficient banking, industrial loan or other experience, ability and standing to afford reasonable promise of successful operation.
5. That the applicant has complied with all the applicable provisions of this chapter.
Sec. 15. NRS 677.200 is hereby amended to read as follows:
677.200 1. All officers and a majority of the directors of a corporation formed to engage in business under this chapter [shall] must be citizens of this state. [The president and secretary of the corporation must own voting stock of the corporation.]
2. The president of the corporation [shall] must have not less than 10 years experience in a regulated financial institution in this state, or in any other state or the District of Columbia. The manager of the principal office and any branch office [shall] must have not less than 2 years experience in a regulated financial institution in this state, or in any other state of the District of Columbia.
Sec. 16. NRS 677.230 is hereby amended to read as follows:
677.230 The administrator may establish the basis upon which reasonable and adequate reserves must be created and maintained, which must be no less than 3 percent of the deposits and thrift certificates , in cash and due from [banks and savings and loans,] federally insured financial institutions in this state or any Federal Reserve Bank, and 5 percent of the deposits and thrift certificates , in United States treasury bills or notes, short-term obligations of the federal or state government or money deposited in [a bank or savings and loan association in this state which is federally insured.] federally insured financial institutions in this state or any Federal Reserve Bank. For the purposes of this section, short-term means having a maturity of 2 years or less.
Sec. 17. NRS 677.230 is hereby amended to read as follows:
677.230 The administrator may establish the basis upon which reasonable and adequate reserves must be created and maintained, which must be no less than 3 percent of the deposits , [and thrift certificates,] in cash and due from federally insured financial institutions in this state or any Federal Reserve Bank, and 5 percent of the deposits , [and thrift certificates,] in United States treasury bills or notes, short-term obligations of the federal or state government or money deposited in federally insured financial institutions in this state or any Federal Reserve Bank. For the purposes of this section, short-term means having a maturity of 2 years or less.
Sec. 18. NRS 677.330 is hereby amended to read as follows:
677.330 1. The administrator may authorize a licensee to operate a mobile [offices to serve areas other than cities whose population exceeds 25,000.
2. Those areas must be served by the licensees mobile unit] office.
2. A mobile office must serve its designated area at least once each 30 days. [No area may be served by more than two licensees.] Each mobile [unit] office must be licensed as a branch office.
3. Each application for authority to operate a mobile office must specify the permanent office of the licensee, either its main office or one of its branches, at which the records of the mobile office will be kept.
κ1985 Statutes of Nevada, Page 2199 (CHAPTER 664, SB 147)κ
specify the permanent office of the licensee, either its main office or one of its branches, at which the records of the mobile office will be kept.
Sec. 18.5. NRS 677.340 is hereby amended to read as follows:
677.340 1. [No] Except as provided in section 7.7 of this act, no person doing business under the law of:
(a) Any other state; or
(b) The United States if the principal office of the business is not located in Nevada,
relating to banks, savings and loan associations or persons licensed under chapter 675 of NRS is eligible to become a licensee under this chapter. This chapter does not apply to any business transacted by any such person under the authority of and as permitted by any such law.
2. Except as provided in subsection 3, a subsidiary of a parent corporation:
(a) One or more of whose other subsidiaries is engaged in any of the activities listed in subsection 1; or
(b) Whose parent corporation is prohibited from obtaining a license under this chapter,
is not eligible to be licensed under this chapter.
3. Subsection 2 does not apply to a bank which is doing business under the law of the United States if its principal office is located in Nevada.
Sec. 19. NRS 677.390 is hereby amended to read as follows:
677.390 Except as otherwise provided in NRS 677.160, all fees and charges collected under the provisions of this chapter must be deposited in the [state treasury to the credit of the appropriate account within the] state general fund . [for the use of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter does not revert to the state general fund.]
Sec. 20. NRS 677.540 is hereby amended to read as follows:
677.540 Whenever it appears to the administrator that:
1. The capital of any licensee is impaired;
2. Any licensee has violated its articles of incorporation or any law of this state;
3. Any licensee is conducting its business in an unsafe or unauthorized manner;
4. Any licensee refuses to submit its books, papers and affairs to the inspection of any examiner;
5. Any officer of any licensee refuses to be examined upon oath touching the concerns of the licensee;
6. Any licensee has suspended payment of its obligations;
7. Any licensee is in such condition that it is unsound or unsafe for it to transact business;
8. Any licensee neglects or refuses to observe any order of the administrator made pursuant to this chapter unless the enforcement of [such] the order is restrained in a proceeding brought by the licensee;
9. Any licensee has accepted deposits or sold or issued thrift certificates in violation of the provisions of this chapter; or
κ1985 Statutes of Nevada, Page 2200 (CHAPTER 664, SB 147)κ
10. Any fact or condition exists which, if it had existed at the time of the original application for authority to organize and establish a corporation to engage in business under this chapter reasonably would have warranted the administrator in disapproving the application,
the administrator may forthwith take possession of the property and business of [such] the licensee and retain possession until [such licensee] it resumes business or its affairs are finally liquidated as provided in this chapter . [Such] The licensee, with the consent of the administrator, may resume business upon such conditions as he may prescribe.
Sec. 21. NRS 677.540 is hereby amended to read as follows:
677.540 Whenever it appears to the administrator that:
1. The capital of any licensee is impaired;
2. Any licensee has violated its articles of incorporation or any law of this state;
3. Any licensee is conducting its business in an unsafe or unauthorized manner;
4. Any licensee refuses to submit its books, papers and affairs to the inspection of any examiner;
5. Any officer of any licensee refuses to be examined upon oath touching the concerns of the licensee;
6. Any licensee has suspended payment of its obligations;
7. Any licensee is in such condition that it is unsound or unsafe for it to transact business;
8. Any licensee neglects or refuses to observe any order of the administrator made pursuant to this chapter unless the enforcement of the order is restrained in a proceeding brought by the licensee;
9. Any licensee has accepted deposits [or sold or issued thrift certificates] in violation of the provisions of this chapter; or
10. Any fact or condition exists which, if it had existed at the time of the original application for authority to organize and establish a corporation to engage in business under this chapter reasonably would have warranted the administrator in disapproving the application,
the administrator may forthwith take possession of the property and business of the licensee and retain possession until it resumes business or its affairs are finally liquidated as provided in this chapter. The licensee, with the consent of the administrator, may resume business upon such conditions as he may prescribe.
Sec. 22. NRS 677.550 is hereby amended to read as follows:
677.550 1. The administrator may order a licensee to suspend the payment of its liabilities or limit the payment of its liabilities in such manner as he prescribes, if it appears to the administrator that such action is necessary for the protection of the licensee, its [investors] depositors, holders of thrift certificates or creditors, or in the public interest. The order is effective upon receipt of notice by the licensee and continues in effect until rescinded or modified by the administrator in a writing delivered to the manager or executive officer of the licensee.
κ1985 Statutes of Nevada, Page 2201 (CHAPTER 664, SB 147)κ
2. Subsection 1 does not affect the right of any licensee to pay its current operating expenses and liabilities incurred during the period of suspension or limitation.
3. After an order suspending or limiting the payment of liabilities is effective and until that order is rescinded, the licensee shall make no assignment of hypothecation of any indebtedness due to it from [an investor] a depositor or a holder of a thrift certificate without first crediting thereon the [investment] liability of the licensee to [such investor-borrower.] the depositor or holder of the thrift certificate.
4. The authority granted to the administrator by this section may be exercised by him in conjunction with all other powers granted by this chapter, or independently from them.
Sec. 23. NRS 677.550 is hereby amended to read as follows:
677.550 1. The administrator may order a licensee to suspend the payment of its liabilities or limit the payment of its liabilities in such manner as he prescribes, if it appears to the administrator that such action is necessary for the protection of the licensee, its depositors [, holders of thrift certificates] or creditors, or in the public interest. The order is effective upon receipt of notice by the licensee and continues in effect until rescinded or modified by the administrator in a writing delivered to the manger or executive officer of the licensee.
2. Subsection 1 does not affect the right of any licensee to pay its current operating expenses and liabilities incurred during the period of suspension or limitation.
3. After an order suspending or limiting the payment of liabilities is effective and until that order is rescinded, the licensee shall make no assignment of hypothecation of any indebtedness due to it from a depositor [or a holder of a thrift certificate] without first crediting thereon the liability of the licensee to the depositor . [or holder of the thrift certificate.]
4. The authority granted to the administrator by this section may be exercised by him in conjunction with all other powers granted by this chapter, or independently from them.
Sec. 24. NRS 677.590 is hereby amended to read as follows:
677.590 [This chapter does not permit a licensee to receive deposits or issue certificates of deposit.]
1. A licensee who has obtained insurance of deposits in compliance with section 7 of this act may receive deposits and pay interest thereon but shall not issue thrift certificates.
2. Every thrift certificate issued pursuant to this chapter shall bear the endorsement on the face of the instrument This is not a certificate of deposit.
Sec. 25. NRS 677.590 is hereby amended to read as follows:
677.590 [1. A licensee who has obtained insurance of deposits in compliance with section 7 of this act may receive deposits and pay interest thereon but shall not issue thrift certificates.
2. Every thrift certificate issued pursuant to this chapter shall bear the endorsement on the face of the instrument This in not a certificate of deposit.]
κ1985 Statutes of Nevada, Page 2202 (CHAPTER 664, SB 147)κ
the endorsement on the face of the instrument This in not a certificate of deposit.] This chapter does not permit a licensee to issue thrift certificates.
Sec. 26. NRS 677.600 is hereby amended to read as follows:
677.600 A licensee shall not deposit any of its [funds] money with any other moneyed corporation, unless [such] that corporation has been designated as a depository by a majority vote of the directors or the executive committee, exclusive of any director who is an officer, director or trustee of the depository so designated. Such a depository [shall be a bank or savings and loan association] must be a federally insured financial institution licensed to do business in this state [.] or any Federal Reserve Bank.
Sec. 27. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have [outstanding] at any time [its] deposits and thrift certificates [,] outstanding, exclusive of those hypothecated with the licensee issuing them, in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the administrator may increase the ratio of deposits and thrift certificates to paid-up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The administrator shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days after the date of application by the licensee unless the administrator gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The administrator may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of deposits and thrift certificates, which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of [its] total deposits and thrift certificates outstanding at the time a borrowing is made.
4. [Each] Except as otherwise provided in subsection 5, each licensee shall establish a liquidity reserve immediately upon beginning business, as a special account with an initial balance of $50,000. Money cannot be withdrawn from the reserve or the account put to any other use without the permission of the administrator. Money in the reserve may be invested only in obligations of the United States, this or any other state, or [a bank or savings and loan association whose principal office is in this state and whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.] federally insured financial institutions in this state or any Federal Reserve Bank. At least annually, but no later than at the end of each fiscal year of the licensee, an amount equal to 1 percent of the licensees deposits and outstanding thrift certificates must be added to the reserve until its balance reaches 1.5 percent of the net deposits and outstanding thrift accounts.
κ1985 Statutes of Nevada, Page 2203 (CHAPTER 664, SB 147)κ
at the end of each fiscal year of the licensee, an amount equal to 1 percent of the licensees deposits and outstanding thrift certificates must be added to the reserve until its balance reaches 1.5 percent of the net deposits and outstanding thrift accounts. Interest earned on the principal of the reserve must not be withdrawn except as permitted for other money of the reserve, but may be credited against the required addition.
5. If the deposits of a licensee are insured pursuant to the provisions of section 7 of this act, the licensee need not maintain a liquidity reserve.
Sec. 28. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have at any time deposits [and thrift certificates outstanding, exclusive of those hypothecated with the licensee issuing them,] in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the administrator may increase the ratio of deposits [and thrift certificates] to paid-up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The administrator shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days after the date of application by the licensee unless the administrator gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The administrator may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of deposits , [and thrift certificates,] which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of total deposits [and thrift certificates outstanding] at the time a borrowing is made.
4. Except as otherwise provided in subsection 5, each licensee shall establish a liquidity reserve immediately upon beginning business, as a special account with an initial balance of $50,000. Money cannot be withdrawn from the reserve or the account put to any other use without the permission of the administrator. Money in the reserve may be invested only in obligations of the United States, this or any other state, or federally insured financial institutions in this state or any Federal Reserve Bank. At least annually, but no later than at the end of each fiscal year of the licensee, an amount equal to 1 percent of the licensees deposits [and outstanding thrift certificates] must be added to the reserve until its balance reaches 1.5 percent of the net deposits . [and outstanding thrift accounts.] Interest earned on the principal of the reserve must not be withdrawn except as permitted for other money of the reserve, but may be credited against the required addition.
κ1985 Statutes of Nevada, Page 2204 (CHAPTER 664, SB 147)κ
5. If the deposits of a licensee are insured pursuant to the provisions of section 7 of this act, the licensee need not maintain a liquidity reserve.
Sec. 29. NRS 677.630 is hereby amended to read as follows:
677.630 1. A licensee may purchase, hold , develop and convey real property , including apartments and other buildings, for the following purposes only:
(a) Real property conveyed to it in satisfaction of debts contracted in the course of its business.
(b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees sales under deeds of trust under securities held by it. A licensee shall not bid against its debtor at any such sale in a larger amount than is necessary to satisfy its debt and costs.
(c) Real property necessary as premises for the transaction of its business. A licensee shall not invest directly or indirectly an amount exceeding one-third of its paid-up capital and surplus in the lot and building in which the business of the company is carried on, furniture and fixtures, and vaults, necessary and proper to carry on its business.
(d) Real property purchased or held for the purpose of [subdividing or developing for residential uses.] development. An investment for this purpose must not exceed the market value of the property as evidenced by an appraisal prepared within 120 days before the investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers or the Independent Fee Appraisers Society, or by an appraiser approved by the administrator. Before the investment is made:
(1) The licensee shall provide the administrator with a certified copy of one or more appraisal reports and a report from a title insurer which shows the chain of title and the amount of consideration for which the title was transferred, if that information is available, for at least 3 years.
(2) The administrator may require a statement from the licensee disclosing whether or not any director, officer or employee of the licensee has, or has had within the last 3 years, any direct or indirect interest in the property. For the purposes of this paragraph, interest includes ownership of stock in a corporation which has an interest in the property.
If the total amount to be invested in [undeveloped] real property for residential development is more than [1] 3 percent of the total [savings accounts] deposits or thrift certificates of the licensee, the investment may not be made without the written approval of the administrator. Any person who fails to make a disclosure required by this section is guilty of a misdemeanor.
2. No real estate acquired pursuant to paragraph (a) or (b) of subsection 1 may be held for a longer period than 5 years [.] unless it has been improved by the licensee and is producing a fair income based upon the appraised value.
κ1985 Statutes of Nevada, Page 2205 (CHAPTER 664, SB 147)κ
Sec. 30. NRS 677.630 is hereby amended to read as follows:
677.630 1. A licensee may purchase, hold, develop and convey real property, including apartments and other buildings, for the following purposes only:
(a) Real property conveyed to it in satisfaction of debts contracted in the course of its business.
(b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees sales under deeds of trust under securities held by it. A licensee shall not bid against its debtor at any such sale in a larger amount than is necessary to satisfy its debt and costs.
(c) Real property necessary as premises for the transaction of its business. A licensee shall not invest directly or indirectly an amount exceeding one-third of its paid-up capital and surplus in the lot and building in which the business of the company is carried on, furniture and fixtures, and vaults, necessary and proper to carry on its business.
(d) Real property purchased or held for the purpose of development. An investment for this purpose must not exceed the market value of the property as evidenced by an appraisal prepared within 120 days before the investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers or the Independent Fee Appraisers Society, or by an appraiser approved by the administrator. Before the investment is made:
(1) The licensee shall provide the administrator with a certified copy of one or more appraisal reports and a report from a title insurer which shows the chain of title and the amount of consideration for which the title was transferred, if that information is available, for at least 3 years.
(2) The administrator may require a statement from the licensee disclosing whether or not any director, officer or employee of the licensee has, or has had within the last 3 years, any direct or indirect interest in the property. For the purposes of this paragraph, interest includes ownership of stock in a corporation which has an interest in the property.
If the total amount to be invested in real property for residential development is more than 3 percent of the total deposits [or thrift certificates] of the licensee, the investment may not be made without the written approval of the administrator. Any person who fails to make a disclosure required by this section is guilty of a misdemeanor.
2. No real estate acquired pursuant to paragraph (a) or (b) of subsection 1 may be held for a longer period than 5 years unless it has been improved by the licensee and is producing a fair income based upon the appraised value.
Sec. 31. NRS 677.640 is hereby amended to read as follows:
677.640 A licensee shall not make loans or sell or negotiate thrift certificates or [thrift passbooks] accept deposits under this chapter:
1. Within any office, suite, room or place of business in which any other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business unless authority to do so is given by the administrator.
κ1985 Statutes of Nevada, Page 2206 (CHAPTER 664, SB 147)κ
other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business unless authority to do so is given by the administrator.
2. Under any name or at any place other than that stated in the license.
This section does not prevent the making of loans by mail or prohibit accommodations to individual borrowers when necessitated by hours of employment, sickness or other emergency situations.
Sec. 32. NRS 677.640 is hereby amended to read as follows:
677.640 A licensee shall not make loans or [sell or negotiate thrift certificates or] accept deposits under this chapter:
1. Within any office, suite, room or place of business in which any other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business unless authority to do so is given by the administrator.
2. Under any name or at any place other than that stated in the license.
This section does not prevent the making of loans by mail or prohibit accommodations to individual borrowers when necessitated by hours of employment, sickness or other emergency situations.
Sec. 33. NRS 677.650 is hereby amended to read as follows:
677.650 1. Except as provided in subsection 2, a licensee shall not directly or indirectly make any loan to, or purchase a contract or chose in action from:
(a) A person who is an officer, director or holder of record or beneficiary of 10 percent or more of the shares of the licensee.
(b) A person in which an officer, director or holder of record or beneficiary of 10 percent or more of the shares of the licensee directly or indirectly is financially interested.
(c) A person who acquired the contract directly or indirectly or through intervening assignments from a person described in [paragraphs] paragraph (a) or (b).
2. Loans may be made to [officers, directors and shareholders] an officer, director or shareholder of the licensee, upon collateral of his deposits or thrift certificates of the licensee, of not more than 90 percent of the amount of [the] his deposits or thrift certificates, at the same rates of interest and under the same terms as loans secured by deposits or thrift certificates are offered to members of the general public.
3. Any officer, director or shareholder of a licensee who directly or indirectly makes or procures or participates in making or procuring a loan or contract in violation of this section or knowingly approves such a loan or contract is personally liable for any loss resulting to the licensee from the loan or contract, in addition to any other penalties provided by law.
Sec. 34. NRS 677.650 is hereby amended to read as follows:
677.650 1. Except as provided in subsection 2, a licensee shall not directly or indirectly make any loan to, or purchase a contract or chose in action from:
κ1985 Statutes of Nevada, Page 2207 (CHAPTER 664, SB 147)κ
(a) A person who is an officer, director or holder of record or beneficiary of 10 percent or more of the shares of the licensee.
(b) A person in which an officer, director or holder of record or beneficiary of 10 percent or more of the shares of the licensee directly or indirectly is financially interested.
(c) A person who acquired the contract directly or indirectly or through intervening assignments from a person described in paragraph (a) or (b).
2. Loans may be made to an officer, director or shareholder of the licensee, upon collateral of his deposits [or thrift certificates of] with the licensee, of not more than 90 percent of the amount of his deposits , [or thrift certificates,] at the same rates of interest and under the same terms as loans secured by deposits [or thrift certificates] are offered to members of the general public.
3. Any officer, director or shareholder of a licensee who directly or indirectly makes or procures or participates in making or procuring a loan or contract in violation of this section or knowingly approves such a loan or contract is personally liable for any loss resulting to the licensee from the loan or contract, in addition to any other penalties provided by law.
Sec. 35. NRS 677.660 is hereby amended to read as follows:
677.660 1. A person shall not advertise, print, display, publish, distribute or broadcast or cause or permit to be advertised, printed, displayed, published, distributed or broadcast, in any manner, any statement or representation with regard to the rates, terms or conditions for making or negotiating loans, or with regard to deposits or thrift certificates, which is false, misleading or deceptive.
2. A licensee shall not use any advertising or make any representations which indicate, imply or might lead a person to believe that it is a bank. A licensee whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or a private insurer may include that information in its advertising.
Sec. 36. NRS 677.660 is hereby amended to read as follows:
677.660 1. A person shall not advertise, print, display, publish, distribute or broadcast or cause or permit to be advertised, printed, displayed, published, distributed or broadcast, in any manner, any statement or representation with regard to the rates, terms or conditions for making or negotiating loans, or with regard to deposits , [or thrift certificates,] which is false, misleading or deceptive.
2. A licensee shall not use any advertising or make any representations which indicate, imply or might lead a person to believe that it is a bank. A licensee whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or a private insurer may include that information in its advertising.
κ1985 Statutes of Nevada, Page 2208 (CHAPTER 664, SB 147)κ
Sec. 37. NRS 677.730 is hereby amended to read as follows:
677.730 1. A licensee may lend [$5,000 or more:] any amount of money:
(a) At any rate of interest;
(b) Subject to the imposition of any charge in any amount; and
(c) Upon any schedule of repayment,
to which the parties may agree.
2. [Loans] Except as provided in NRS 677.770, loans or obligations of $10,000 or more other than those secured by deposits or thrift certificates of the licensee [shall] must be secured by collateral having a market value of at least 115 percent of the amount due on the loans or obligations. On loans secured by deposits or thrift certificates of the licensee, the net amount advanced [shall] must not exceed 90 percent of the amount of the deposits or thrift [certificate or] certificates used as collateral.
Sec. 38. NRS 677.730 is hereby amended to read as follows:
677.730 1. A licensee may lend any amount of money:
(a) At any rate of interest;
(b) Subject to the imposition of any charge in any amount; and
(c) Upon any schedule of repayment,
to which the parties agree.
2. Except as provided in NRS 677.770, loans or obligations of $10,000 or more other than those secured by deposits [or thrift certificates of] with the licensee must be secured by collateral having a market value of at least 115 percent of the amount due on the loans or obligations. On loans secured by deposits [or thrift certificates of] with the licensee, the net amount advanced must not exceed 90 percent of the amount of the deposits [or thrift certificates] used as collateral.
Sec. 39. NRS 677.770 is hereby amended to read as follows:
677.770 1. A licensee shall not make an unsecured [loans.] loan of more than one-tenth of 1 percent of its total assets or make such loans that are in the aggregate more than 5 percent of its total assets.
2. Secured loans or obligations of any one person as primary obligor made or held by a licensee may not, in any event exceed in the aggregate 15 percent of the capital and surplus of the licensee. Loans secured by deposits with the licensee or by thrift certificates issued by the licensee must not be included in applying this limitation.
Sec. 40. NRS 677.770 is hereby amended to read as follows:
677.770 1. A licensee shall not make an unsecured loan of more than one-tenth of 1 percent of its total assets or make such loans that are in the aggregate more than 5 percent of its total assets.
2. Secured loans or obligations of any one person as primary obligor made or held by a licensee may not, in any event exceed in the aggregate 15 percent of the capital and surplus of the licensee. Loans secured by deposits with the licensee [or by thrift certificates issued by the licensee] must not be included in applying this limitation.
κ1985 Statutes of Nevada, Page 2209 (CHAPTER 664, SB 147)κ
Sec. 41. NRS 677.780 is hereby amended to read as follows:
677.780 1. [A] Except as provided in NRS 677.770 and 677.790, a licensee may make loans [only:
(a) To any person secured by real or tangible personal property which is situated in the State of Nevada; or
(b) To a resident of the State of Nevada] to any person, secured by real or personal property, without regard to the location or nature of the security.
2. Any loan made on property situated outside this state which is lawful under the laws of the state in which the property is situated may be collected or otherwise enforced in this state in accordance with its terms.
Sec. 42. NRS 677.790 is hereby amended to read as follows:
677.790 [A] Except as provided in NRS 677.770, a licensee may:
1. Make loans secured by, and purchase, sell or discount in any amount:
(a) Bona fide trust receipts;
(b) Secured choses in action;
(c) Chattel mortgages;
(d) Conditional sales contracts;
(e) Security agreements;
(f) Leases;
(g) Lien contracts; and
(h) Deeds of trust.
2. Sell or negotiate thrift certificates either in certificate or passbook form. The certificates may provide for the payment of money at any time, except that passbook certificates must be payable on demand or within 30 days thereafter. The licensee may receive payments therefor in installments or otherwise, with or without an allowance of interest upon the installments. [The maximum rate of interest payable on thrift certificates must not be more than 2.5 percent above the highest rate of interest which may then lawfully be paid on comparable certificates of deposit by a bank or savings and loan association operating in this state.]
3. Accept deposits and issue certificates of deposit.
4. Enter into leases and purchase equipment for those leases.
Sec. 43. NRS 677.790 is hereby amended to read as follows:
677.790 Except as provided in NRS 677.770, a licensee may:
1. Make loans secured by, and purchase, sell or discount in any amount:
(a) Bona fide trust receipts;
(b) Secured choses in action;
(c) Chattel mortgages;
(d) Conditional sales contracts;
(e) Security agreements;
(f) Leases;
(g) Lien contracts; and
κ1985 Statutes of Nevada, Page 2210 (CHAPTER 664, SB 147)κ
(h) Deeds of trust.
2. [Sell or negotiate thrift certificates either in certificate or passbook form. The certificates may provide for the payment of money at any time, except that passbook certificates must be payable on demand or within 30 days thereafter. The licensee may receive payments therefor in installments or otherwise, with or without an allowance of interest upon the installments.
3.] Accept deposits and issue certificates of deposit.
[4.] 3. Enter into leases and purchase equipment for those leases.
Sec. 44. NRS 677.810 is hereby amended to read as follows:
677.810 Any director, officer or employee of a licensee who:
1. Asks for or receives or consents or agrees to receive any commission, emolument or gratuity or any money, property or thing of value for procuring or endeavoring to procure for any person any loan from [such] the licensee, or the purchase or discount of any note, contract or other obligation or property by [such] the licensee;
2. Knowingly receives or possesses himself of any of its property otherwise than in payment of a just demand, or with intent to defraud omits to make or cause to be made a full and true entry thereof in its books and accounts or concurs in omitting to make any material entry thereof; [or]
3. Knowingly makes or concurs in making or publishing any false entry in its books or records, any written report, exhibit or statement of its affairs or pecuniary condition containing any material statement which is false, or having the custody of its books willfully refuses or neglects to make any proper entry in such books as required by law, or to exhibit or allow them to be inspected or extracts to be taken therefrom by the administrator or his deputies or investigators, or alters, conceals, destroys or removes any book or record [,] ;
4. Embezzles, abstracts or willfully misapplies the money, securities or credits of a licensee, or who, with the intent to injure or defraud the licensee or a customer of the licensee:
(a) Issues or puts forth a thrift certificate or deposit;
(b) Draws a draft, bill of exchange or mortgage; or
(c) Otherwise uses his position or employment with a licensee; or
5. Knowingly aids or abets the commission of an act prohibited by this section,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than [6] 10 years, or by a fine of not more than [$5,000,] $50,000, or by both fine and imprisonment.
Sec. 45. NRS 677.810 is hereby amended to read as follows:
677.810 Any director, officer or employee of a licensee who:
1. Asks for or receives or consents or agrees to receive any commission, emolument or gratuity or any money, property or thing of value for procuring or endeavoring to procure for any person any loan from the licensee, or the purchase or discount of any note, contract or other obligation or property by the licensee;
κ1985 Statutes of Nevada, Page 2211 (CHAPTER 664, SB 147)κ
2. Knowingly receives or possesses himself of any of its property otherwise than in payment of a just demand, or with intent to defraud omits to make or cause to be made a full and true entry thereof in its books and accounts or concurs in omitting to make any material entry thereof;
3. Knowingly makes or concurs in making or publishing any false entry in its books or records, any written report, exhibit or statement of its affairs or pecuniary condition containing any material statement which is false, or having the custody of its books willfully refuses or neglects to make any proper entry in such books as required by law, or to exhibit or allow them to be inspected or extracts to be taken therefrom by the administrator or his deputies or investigators, or alters, conceals, destroys or removes any book or record;
4. Embezzles, abstracts or willfully misapplies the money, securities or credits of a licensee, or who, with the intent to injure or defraud the licensee or a customer of the licensee:
(a) Issues or puts forth a [thrift certificate or] deposit;
(b) Draws a draft, bill of exchange or mortgage; or
(c) Otherwise uses his position or employment with a licensee; or
5. Knowingly aids or abets the commission of an act prohibited by this section,
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 $50,000, or by both fine and imprisonment.
Sec. 46. NRS 677.850 is hereby amended to read as follows:
677.850 Every officer or employee of any company who sells thrift certificates or accepts deposits knowing:
1. That the company is insolvent; or
2. That the sale or acceptance violates any provision of this chapter or any order or regulation of the administrator,
[is guilty of a gross misdemeanor.] 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.
Sec. 47. NRS 677.850 is hereby amended to read as follows:
677.850 Every officer or employee of any company who [sells thrift certificates or] accepts deposits knowing:
1. That the company is insolvent; or
2. That the [sale or] acceptance violates any provision of this chapter or any order or regulation of the administrator,
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.
Sec. 47.5. NRS 666.132 is hereby amended to read as follows:
666.132 1. A bank holding company which controls a bank in another state may acquire only one bank which is located in Nevada. If approved by the administrator, except as provided in section 7.7 of this act, the acquisition is subject to the following conditions:
κ1985 Statutes of Nevada, Page 2212 (CHAPTER 664, SB 147)κ
(a) The total capital stock of the bank to be acquired must be at least $5,000,000.
(b) The acquired bank may not hold a license pursuant to chapter 677 of NRS.
(c) Except as further limited in paragraph (d), the acquired bank must not solicit loans, deposits or other financial business from residents of Nevada unless the solicitation is part of a general solicitation which is also directed to residents of other states.
(d) The acquired bank may not solicit commercial loans in Nevada. The acquired bank may make a loan:
(1) At the request of another financial institution which will also lend money to the person who will receive the loan; or
(2) To another financial institution.
2. For the purposes of this section:
(a) If the acquired bank is prohibited from soliciting a type of business, then the bank holding company and its subsidiaries are also prohibited from soliciting such business for the acquired bank.
(b) Solicit means to request a person to engage in an activity or transaction or to advertise a desire to engage in such conduct.
Sec. 48. NRS 677.670, 677.680, 677.690, 677.690, 677.700, 677.710 and 677.740 are hereby repealed.
Sec. 49. 1. A holder of a license issued pursuant to chapter 677 of NRS shall convert each thrift certificate outstanding to a deposit within 6 months after it obtains the insurance to cover its deposits pursuant to subsection 1 of section 7 of this act, except those thrift certificates which are payable on a set maturity date, which must be converted upon maturity.
2. The provisions of chapter 677 of NRS concerning thrift certificates, as they existed on January 1, 1985, are effective as to each thrift certificate outstanding on the effective date of this section until the certificate is converted or matures.
Sec. 50. 1. On or before July 1, 1986, every licensee shall submit proof to the satisfaction of the administrator that he has applied for insurance of deposits meeting the requirements contained in subsection 1 of section 7 of this act.
2. On or before October 1, 1985, every licensee shall submit proof to the satisfaction of the administrator that he has applied for insurance of deposits meeting the requirements contained in subsection 1 of section 7 of this act.
3. Except as provided in subsection 4, any licensee that does not comply with subsection 1 or 2 shall not accept deposits or issue thrift certificates.
4. The administrator may extend the date for compliance contained in subsection 1 if:
(a) The licensee is applying for insurance of deposits pursuant to subsection 1 of section 7 of this act;
(b) The licensee has complied with subsection 2;
κ1985 Statutes of Nevada, Page 2213 (CHAPTER 664, SB 147)κ
(c) The administrator is satisfied that the licensee has made and is making a good faith effort to obtain the insurance of deposits; and
(d) The administrator has no reason to believe the application for insurance of deposits will be denied.
5. A licensee who has not obtained the insurance of deposits provided in subsection 1 of section 7 of this act:
(a) May, except as provided in subsection 3, issue thrift certificates; and
(b) Shall not accept deposits.
6. Each licensee must maintain the bond or irrevocable letter of credit filed with the administrator pursuant to subsection 1 to 5, inclusive, of NRS 677.170, as that section existed on January 1, 1985, until all of its outstanding thrift certificates have matured or are insured as required by subsection 1 of section 7 of this act.
Sec. 50.5. The legislature intends to allow acquisitions of or merger with thrift companies in this state by institutions or their parent corporations which are organized under the laws of other states or of the United States, which principally conduct their operations in other states, under the conditions specified in this act.
Sec. 51. 1. Sections 10, 12, 13, 14, 17, 21, 23, 25, 28, 30, 32, 34, 36, 38, 40, 43, 45 and 47 of this act become effective upon the date of expiration of the last extension granted by the administrator pursuant to subsection 4 of section 50 of this act. The administrator shall certify that date in writing to the legislative counsel.
2. This section and all other sections of this act which do not become effective pursuant to subsection 1, become effective upon passage and approval.
________
Senate Bill No. 521Committee on Judiciary
CHAPTER 665
AN ACT relating to mobile home parks; vesting the enforcement of certain provisions concerning landlords and tenants with the manufactured housing division; providing penalties; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Administrator means the chief of the division.
Sec. 3. Division means the manufactured housing division of the department of commerce.
Sec. 4. Landlord means the owner, lessor or operator of a mobile home park.
κ1985 Statutes of Nevada, Page 2214 (CHAPTER 665, SB 521)κ
Sec. 5. Mobile home means a vehicular structure without independent motive power, built on a chassis or frame, which is:
1. Designed to be used with or without a permanent foundation;
2. Capable of being drawn by a motor vehicle; and
3. Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.
Sec. 6. Mobile home lot means a portion of land within a mobile home park which is rented or held out for rent to accommodate:
1. A mobile home; or
2. A recreational vehicle for 3 months or more.
Sec. 7. Mobile home park or park means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. The terms do not include an area or tract of land where more than half of the lots are rented overnight or for less than 3 months for recreational vehicles.
Sec. 8. Recreational vehicle means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon or drawn by a motor vehicle.
Sec. 9. 1. The provisions of this chapter must be administered by the division, subject to administrative supervision by the director.
2. An employee of the division shall not hold an interest in a mobile home park.
Sec. 10. 1. In order to carry out the provisions of this chapter, the administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto:
(a) Issue subpenas for the production of books, papers and documents which are strictly relevant to the complaint;
(b) Mediate grievances between landlords and tenants of mobile home parks; and
(c) Make inspections and provide technical services necessary to administer the provisions of this chapter.
2. The administrator or his representative may inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are required to enforce the provisions of this chapter.
Sec. 11. 1. The administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto, investigate the alleged violation.
2. Whenever the administrator finds a violation of the provisions of this chapter or of any regulation adopted pursuant thereto, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken.
κ1985 Statutes of Nevada, Page 2215 (CHAPTER 665, SB 521)κ
3. If the person to whom a notice of violation is directed fails to take the corrective action required, the administrator may:
(a) Extend the time for corrective action;
(b) Request the district attorney of the county in which the violation is alleged to have occurred to prepare a complaint and procure the issuance of a summons to the person for the violation; or
(c) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance. In an action brought under this section, the court may award costs and reasonable attorneys fees to the prevailing party.
4. Any person who violates a provision of this chapter, or a regulation adopted pursuant thereto, shall pay for the cost incurred by the division in enforcing the provision.
Sec. 12. If any person to whom the administrator has directed a subpena refuses to produce any books, papers or documents which the subpena requires, the administrator may apply to the district court for the judicial district in which the investigation is being carried on for the enforcement of the subpena in the manner provided by law for the enforcement of a subpena in a civil action. If the person to whom the subpena was directed objects that the material not produced is not strictly relevant, the burden is upon the administrator to show probable relevance.
Sec. 13. 1. Each owner of a mobile home park shall pay to the division an annual fee established by the administrator which must not exceed $3 for each lot occupied within that park.
2. If an owner fails to pay the fee within 30 days after receiving written notice of its amount, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his tenants.
3. All fees collected by the division pursuant to subsection 1 must be deposited in the state treasury for credit to the fund for regulating mobile home parks which is hereby created as a special revenue fund. All expenses related to the regulation of mobile home parks must be paid from the fund. The fund must not be used for any other purpose. Claims against the fund must be paid as other claims against the state are paid.
Sec. 14. NRS 118B.010 is hereby amended to read as follows:
118B.010 As used in this chapter , unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of [this act] Senate Bill No. 296 of the 63rd session of the Nevada legislature, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 15. 1. Sections 10, 11 and 12 of this act become effective on January 1, 1986.
κ1985 Statutes of Nevada, Page 2216 (CHAPTER 665, SB 521)κ
2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 296Committee on Judiciary
CHAPTER 666
AN ACT relating to the rental of mobile home lots; authorizing a tenant to recover damages from the enforcement of a void provision contained in a rental agreement; prohibiting the charging of a fee for certain guests; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Landlord means the owner or lessor of a mobile home lot and the owner, lessor or operator of a mobile home park.
Sec. 3. Mobile home means a vehicular structure without independent motive power, built on a chassis or frame, which is:
1. Designed to be used with or without a permanent foundation;
2. Capable of being drawn by a motor vehicle; and
3. Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.
Sec. 4. Mobile home lot or lot means a portion of land within a mobile home park which is rented or held out for rent to accommodate:
1. A mobile home; or
2. A recreational vehicle for 3 months or more.
Sec. 5. Mobile home park or park means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. The terms do not include an area or tract of land where more than half of the lost are rented overnight or for less than 3 months for recreational vehicles.
Sec. 6. Recreational vehicle means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.
Sec. 7. NRS 118B.010 is hereby amended to read as follows:
118B.010 1. As used in this chapter [:
1. Landlord means the owner, lessor or operator of a mobile home park.
2. Mobile home means a vehicular structure without independent motive power, built on a chassis or frame, which is:
κ1985 Statutes of Nevada, Page 2217 (CHAPTER 666, SB 296)κ
(a) Designed to be used with or without a permanent foundation;
(b) Capable of being drawn by a motor vehicle; and
(c) Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.
3. Mobile home lot means a portion of land within a mobile home park which is rented or held out for rent to accommodate:
(a) A mobile home; or
(b) A recreational vehicle for 3 months or more.
4. Mobile home park or park means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. Mobile home park does not include an area or tract of land where more than half of the lots are rented overnight or for less than 3 months for recreational vehicles.
5. Recreational vehicle means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon, or drawn by, a motor vehicle.] , unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 118B.040 is hereby amended to read as follows:
118B.040 1. A written rental contract or lease must be executed between a landlord and tenant to rent or lease any mobile home lot . [at the request of either the landlord or the tenant.] The landlord shall give the tenant a copy of the contract or lease at the time the tenant signs it.
2. The written rental contract or lease must contain but is not limited to provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.
(c) Restrictions on and charges for occupancy by children or pets.
(d) Services and utilities included with the lot rental and the responsibility of maintaining or paying for the services and utilities.
(e) Fees which may be required and the purposes for which they are required.
(f) Deposits which may be required and the conditions for their refund.
(g) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(h) The name and address of the owner of the mobile home park and his authorized agent.
(i) Any restrictions on subletting.
(j) The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot and their ages.
(k) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
κ1985 Statutes of Nevada, Page 2218 (CHAPTER 666, SB 296)κ
(l) Any restriction of all or part of the park to adults or older persons.
(m) A marking or designation of the mobile home lot sufficient to inform the tenant of its boundaries.
Sec. 9. NRS 118B.050 is hereby amended to read as follows:
118B.050 Any provision in a rental agreement for a mobile home lot which provides that the tenant:
1. Agrees to waive or forego any rights or remedies afforded by this chapter;
2. Authorizes any person to confess judgment on any claim arising out of the rental agreement;
3. Agrees to pay the landlords attorneys fees, except that the agreement may provide that attorneys fees may be awarded to the prevailing party in the event of court action; [or]
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord [,] ; or
5. Agrees to a period of time within which he will give notice to the landlord of the termination of his tenancy which is longer than the term of the lease,
is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.
Sec. 10. NRS 118B.110 is hereby amended to read as follows:
118B.110 1. [Within 20 days after the receipt by the landlord or his agent of a written request which has been signed by 25 percent of the tenants occupying the park, the landlord or his agent] The landlord shall meet with a representative group of tenants occupying the park at least once a year to hear any complaints or suggestions which concern a matter relevant to the park [.] if he receives a written request to do so which has been signed by 25 percent of the tenants occupying the park. The meeting must be held at a time and place which is convenient to the landlord and the tenants.
2. At least 10 days before any meeting is held pursuant to this section the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
Sec. 11. NRS 118B.120 is hereby amended to read as follows:
118B.120 The landlord or his agent or employee may:
1. Require that the tenant landscape and maintain the tenants lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.
2. By prior written agreement, maintain the tenants lot and charge the tenant a service fee for [such] that maintenance.
3. Require that the mobile home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant is not making good faith and diligent efforts to sell it.
[4. Charge a fee for a guest of a tenant only if the guest stays with the tenant for 30 days or more with any 12-month period.]
κ1985 Statutes of Nevada, Page 2219 (CHAPTER 666, SB 296)κ
Sec. 12. NRS 118B.150 is hereby amended to read as follows:
118B.150 The landlord or his agent or employee shall not:
1. Increase rent or service fees unless:
(a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly located in mobile homes of similar size on the same class of lot, either double or single, or, if it is a service fee, a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and
(b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.
2. Require a tenant to pay his rent by check.
3. Except as otherwise provided in this subsection, prohibit or require fees or deposits which are not of a fixed amount for any meetings held in the parks community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the parks affairs, or any tenant-sponsored political meeting, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of such meetings.
4. Interrupt, with the intent to terminate occupancy , any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
5. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park a guest may be required to register upon entering and leaving.
6. Charge a fee for a guest who does not stay with the tenant for more than 30 consecutive days or a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying any additional charge or fee. No agreement between a tenant and his guest alters or varies the terms of the rental contract or lease between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.
7. Prohibit any tenant from soliciting [dues from the members of] membership in any association which is formed by the tenants who live in the park. For purposes of this subsection, solicit means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of such dues.
[7.] 8. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
Sec. 13. NRS 118B.170 is hereby amended to read as follows:
118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenants mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park.
κ1985 Statutes of Nevada, Page 2220 (CHAPTER 666, SB 296)κ
buyer and tenant before the sale of a tenants mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall not unreasonably withhold his consent.
2. If a tenant sells his mobile home or recreational vehicle, the landlord may require that the vehicle be removed from the park if it is deemed by the landlord to be in a run down condition or in disrepair.
3. If the landlord requires approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the parties to the sale must first confer with the manager.
Sec. 14. NRS 118B.200 is hereby amended to read as follows:
118B.200 Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 188B.190 may not be terminated except for:
1. Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;
2. Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
3. Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants ; [or interferes with park management;]
4. Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
5. [Condemnation or a change in land use of the park to a use other than a mobile home park if the landlord notifies the tenant in writing at least 6 months before the termination or pays the costs of moving the tenants mobile home to a new location no more than 10 miles distant;
6.] A change in the use of the land by the landlord pursuant to NRS 118B.180; or
[7.] 6. Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance.
Sec. 15. NRS 118B.220 is hereby amended to read as follows:
118B.220 1. If a mobile home or recreational vehicle is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which he has control, the rent may be, at the tenants option, proportionately abated, and if it is, must be refunded or credited against the following months rent. The tenant need not abandon the mobile home or recreational vehicle as a prerequisite to seeking relief under this subsection.
2. As an alternative to the abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his mobile home or recreational vehicle remains unfit and may:
κ1985 Statutes of Nevada, Page 2221 (CHAPTER 666, SB 296)κ
(a) Recover the actual and reasonable cost of the substitute housing from the landlord ; [, but not more than an amount equal to the rent for the mobile home lot;] or
(b) Deduct the cost from future rent.
3. A mobile home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer service are not being adequately provided to the mobile home.
________
Senate Bill No. 64Commerce and Labor
CHAPTER 667
AN ACT relating to the practice of medicine; making a general revision of chapter 630 of NRS; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. Health and care facility has the meaning ascribed to it in NRS 449.007.
Sec. 3. Healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 4. The board may, by majority vote, select physicians and members of the public, who must meet the same qualifications as required for members of the board, to serve as advisory members of the board. One or more advisory members may be designated by the board to assist a committee of its members in an investigation as provided in NRS 630.311 but may not vote on any matter before the committee. Advisory members may also serve as members of the panel selected to hear charges as provided in NRS 630.339 and may vote on any recommendation made by the panel to the board.
Sec. 5. 1. Any applicant for a license to practice medicine shall submit to the board, on a form provided by the board, an application in writing, accompanied by an affidavit stating that:
(a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and
(b) The information contained in the application and any accompanying material are complete and correct.
κ1985 Statutes of Nevada, Page 2222 (CHAPTER 667, SB 64)κ
2. In addition to the other requirements for licensure, the board may require further evidence of the mental, physical, medical or other qualifications of the applicant it considers necessary.
3. The applicant bears the burden of proving and documenting his qualifications for licensure.
Sec. 6. An applicant for a license or a licensee shall report to the board within 30 days any fact which would render any statement made to the board by the applicant or licensee false, misleading, inaccurate or incomplete.
Sec. 7. Any licensee who changes the location of his office shall notify the board of the change before practicing at the new location.
Sec. 8. 1. Any licensee who changes the location of his practice of medicine from this state to another state or country, has never engaged in the practice of medicine in this state after licensure or has ceased to engage in the practice of medicine in this state for a period of 12 consecutive months must be placed on inactive status upon notification to the board.
2. Before resuming the practice of medicine in this state, the inactive registrant shall:
(a) Notify the board of his intent to resume the practice of medicine in this state;
(b) File an affidavit with the board describing his activities during the period of his inactive status;
(c) Complete the form for registration for active status; and
(d) Pay the applicable fee for biennial registration.
3. If the board determines that the conduct of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this state, the board may refuse to place the registrant on active status.
Sec. 9. If a licensee retires from the practice of medicine, he shall notify the board in writing of his intention to retire, and the board shall record the fact of retirement. A licensee who is retired may not engage in the practice of medicine. If a licensee who is retired desires to return to the practice of medicine, he shall apply to the board for registration and pay the applicable fee for biennial registration.
Sec. 10. If a physician licensed in this state calls a physician licensed in another state into this state for consultation or assistance in the care of a patient, the physician licensed in this state has the primary responsibility for the care of that patient.
Sec. 11. If a licensee does not practice allopathic or homeopathic medicine for a period of more than 12 consecutive months, the board may require his to take the same examination to test medical competency as that given to applicants for a license.
Sec. 12. If an applicant does not appear for examination or if his application is rejected, the board may, upon request, refund a portion of the application fee not to exceed $100.
κ1985 Statutes of Nevada, Page 2223 (CHAPTER 667, SB 64)κ
Sec. 13. 1. Each holder of a license to practice medicine must pay to the secretary-treasurer of the board on or before July 1 of each alternate year the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.
2. When a holder of a license fails to pay the fee for biennial registration after it becomes due, his license to practice medicine in this state is automatically suspended. The board shall restore his license upon payment of twice the amount of the current fee for biennial registration and upon a finding that the physician is qualified under the provisions of this chapter.
3. The board shall notify a licensee:
(a) At least once that his fee for biennial registration is due; and
(b) That his license is suspended for nonpayment of the fee. A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 14. The following acts, among others, constitute grounds for initiating disciplinary action:
1. Failure to maintain medical records relating to the diagnosis, treatment and care of a patient.
2. Altering medical records of a patient.
3. Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or willfully obstructing or inducing another to obstruct such filing.
4. Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.
5. Failure to report any claim for malpractice or negligence filed against the licensee and the subsequent disposition thereof within 90 days after the:
(a) Claim is filed; and
(b) Disposition of the claim.
6. Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the board.
Secs. 15 through 17. (Deleted by amendment.)
Sec. 18. A person shall not use the seal, the designation of the board or any license, card or certificate issued by the board or any imitation thereof in any way not authorized by this chapter or regulations of the board.
Sec. 19. Under the provisions of NRS 690B.045, the insurer of a physician licensed under this chapter and the physician must report to the board any claim for malpractice or negligence and the settlement, award, judgment or other disposition thereof.
Sec. 20. The board is entitled to an award of costs and any attorneys fees it incurred in:
1. The enforcement of any subpena for which a court entered an order compelling compliance; and
2. Any proceedings before a court for the enforcement of the provisions of this chapter.
κ1985 Statutes of Nevada, Page 2224 (CHAPTER 667, SB 64)κ
Sec. 21. Upon payment of the fee provided in NRS 630.290, the board may, as a courtesy, administer the Federation Licensing Examination to a person who is not an applicant for a license in this state if requested to do so by the licensing board of the state where he is applying for a license.
Sec. 22. NRS 630.003 is hereby amended to read as follows:
630.003 The legislature finds and declares that [:
1. The practice of the several professions which deal with human health affects the people of this state more broadly and in a more essential respect than the practice of any other profession.
2. Of these professions, the medical profession is accorded the widest scope of practice, deemed to possess the highest skills and therefore charged with the greatest responsibility.
3. Any substantial failure of intraprofessional discipline increases the likelihood of malpractice actions against physicians, thus increasing the cost of malpractice insurance to all physicians or making such insurance difficult to obtain. These results in turn increase the cost of medical care to the patient, decrease the protection available to him, or both. In fact a crisis in the area of medical malpractice litigation does exist in this state.
4. The public health and welfare demand for the medical profession the highest and most effective means of review and discipline, utilizing not only the specialized skills of the profession itself but the investigative authority and legal skill of the attorney general and the injunctive power of the courts.] it is among the responsibilities of state government to ensure, as far as possible, that only competent persons practice medicine within this state. For this purpose, the legislature delegates to the state board of medical examiners the duty of determining the initial and continuing competence of doctors of medicine in this state. The powers conferred upon the board by this chapter must be liberally construed to carry out this purpose.
Sec. 23. NRS 630.005 is hereby amended to read as follows:
630.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.010 to 630.025, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 24. NRS 630.010 is hereby amended to read as follows:
630.010 Board means the board of medical examiners . [of the State of Nevada.]
Sec. 25. NRS 630.014 is hereby amended to read as follows:
630.014 Physician means a person who [:
1. Is a graduate of an academic program approved by the board or is qualified to perform medical services by reason of general education, practical training and experience determined by the board to be satisfactory; and
2. Has received from the board a license or permit to practice medicine.] has complied with all the requirements of this chapter for the practice of medicine.
κ1985 Statutes of Nevada, Page 2225 (CHAPTER 667, SB 64)κ
Sec. 26. NRS 630.020 is hereby amended to read as follows:
630.020 [1.] Practice of medicine means:
[(a)] 1. To diagnose, treat, correct , prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.
[(b)] 2. To apply principles or techniques of medical science in the diagnosis or the prevention of any [of the conditions listed in paragraph (a).
(c)] such conditions.
3. To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in [paragraphs (a) and (b).
2. It shall also be regarded as practicing medicine within the meaning of this chapter if anyone uses] subsections 1 and 2.
4. To use in connection with [his] a persons name the words or letters M.D., or any other title, word, letter [,] or other designation intended to imply or designate him as a practitioner of medicine in any of its branches, except in the manner authorized by NRS 630A.220.
Sec. 27. NRS 630.047 is hereby amended to read as follows:
630.047 1. This chapter does not apply to:
(a) [The practice of dentistry, osteopathic medicine, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine or hearing aid fitting.
(b)] A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties [.
(c) Licensed nurses in the discharge of their duties as nurses.
(d)] for which a license is not required;
(b) Physicians who are called into this state, other than on a regular basis, for consultation with or assistance to a physician licensed in this state, and who are legally qualified to practice in the state where they reside [.] ; and
(c) Any person permitted to practice any other healing art under this Title who does so within the scope of that authority, or healing by faith or Christian Science.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services [of a person] outside of a medical school or a health and care facility by a person who is not a physician in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 28. NRS 630.050 is hereby amended to read as follows:
630.050 1. The board of medical examiners [of the State of Nevada] consists of [seven] nine members appointed by the governor.
2. No person may be appointed as a member of the board to serve for more than two consecutive full terms, but he may be reappointed after the lapse of 4 years.
κ1985 Statutes of Nevada, Page 2226 (CHAPTER 667, SB 64)κ
Sec. 29. NRS 630.060 is hereby amended to read as follows:
630.060 1. [Five] Six members of the board [shall] must be persons who are licensed to practice medicine in [the State of Nevada who have been engaged in the practice of medicine in the State of Nevada for a period of more than] this state, are actually engaged in the practice of medicine in this state and have resided and practiced medicine in this state for at least 5 years preceding their respective appointments . [and are actually engaged in the practice of medicine in the State of Nevada.]
2. The remaining members [shall be residents of the State of Nevada] must be persons who have resided in this state for at least 5 years and who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not actively engaged in the administration of any medical school or health and care facility; and
(c) Do not have a pecuniary interest in any manner pertaining to the healing arts, except as [patients or potential patients.] a patient or potential patient.
3. The members of the board [shall] must be selected without regard to their individual political beliefs.
4. [As used in this section:
(a) Health and care facility has the meaning attributed to it in NRS 449.007.
(b) Healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.] The board shall conduct training programs to assist new members of the board in the performance of their duties.
Sec. 30. NRS 630.070 is hereby amended to read as follows:
630.070 1. After the initial terms, the term of office of each member of the board is 4 years. [No term of office may extend more than 4 years beyond the expiration of the preceding term of office.
2. If a member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor,] If a person is appointed to fill the unexpired term of a member which is more than 2 years, he shall be deemed to have served a full term.
2. A member of the board may be removed by the governor for good cause, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.
Sec. 31. NRS 630.080 is hereby amended to read as follows:
630.080 Before entering upon the duties of his office, each member of the board shall take:
1. The constitutional oath or affirmation of office; and
κ1985 Statutes of Nevada, Page 2227 (CHAPTER 667, SB 64)κ
2. An oath or affirmation that he is legally qualified to serve on the board.
Sec. 32. NRS 630.090 is hereby amended to read as follows:
630.090 1. The board shall elect from its members a president, a vice president and a secretary-treasurer. The officers of the board shall hold their respective offices during its pleasure.
2. [The board shall receive through its secretary applications for the certificates provided to be issued under this chapter.
3.] The secretary-treasurer shall receive a salary, the amount of which shall be determined by the board.
Sec. 33. NRS 630.100 is hereby amended to read as follows:
630.100 1. The board shall meet at least twice annually and may meet at other times on the call of the president or a majority of its members.
2. A majority of the board [shall constitute] , or of any committee or panel appointed by the board constitutes a quorum . [to transact all business.] If there is a quorum, a vote of the majority of the members present is all that is necessary to transact any business before the board or the committee or panel appointed by the board.
Sec. 34. NRS 630.110 is hereby amended to read as follows:
630.110 1. Out of the money coming into the possession of the board, each member and advisory member of the board is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Reimbursement for his actual and necessary expenses incurred in the performance of his duties . [, as provided in this chapter.]
2. Expenses of the board and the expenses and salaries of its members must be paid from the fees received by the board under the provisions of this chapter, and no part of the salaries or expenses of the board may be paid out of the state general fund [.] or from the penalties imposed by the board pursuant to this chapter.
3. All money received by the board from:
(a) Fees must be deposited in [banks and savings and loan associations in the State of Nevada, and must be paid out on its order for its expenses and the expenses of the members.] financial institutions in this state which are federally insured.
(b) Penalties must be deposited with the state treasurer for credit to the state general fund.
Sec. 35. NRS 630.120 is hereby amended to read as follows:
630.120 1. The board shall procure a seal.
2. All licenses and certificates issued by the board must bear its seal and the signatures of its president and secretary-treasurer.
Sec. 36. NRS 630.125 is hereby amended to read as follows:
630.125 The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
κ1985 Statutes of Nevada, Page 2228 (CHAPTER 667, SB 64)κ
2. Employ hearing officers, experts, administrators, attorneys, investigators , [and other professional] consultants and clerical personnel necessary to the discharge of its duties.
Sec. 37. NRS 630.130 is hereby amended to read as follows:
630.130 [The board may adopt such rules as may be necessary or desirable to enable it to carry into effect the provisions of this chapter.]
1. In additional to the other powers and duties provided in this chapter, the board shall:
(a) Enforce the provisions of this chapter;
(b) Establish by regulation standards for licensure under this chapter;
(c) Conduct examinations for licensure and establish a system of scoring for those examinations;
(d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the board; and
(e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.
2. The board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.
Sec. 38. NRS 630.140 is hereby amended to read as follows:
630.140 1. The board may hold hearings and conduct investigations pertaining to its duties imposed under this chapter and take evidence on any such matter under inquiry before the board. For the purposes of this chapter:
(a) The [secretary] secretary-treasurer of the board, or in his absence any member of the board, may administer oaths [.] ; and
(b) The [secretary] secretary-treasurer or president of the board or a hearing officer or the presiding member of a committee investigating a complaint may issue subpenas to compel the attendance of witnesses and the production of books [and papers.
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary] , X-rays and medical records and other papers. The secretary-treasurer, president or other officer of the board acting on its behalf must sign the subpena.
2. If any person fails to comply with the subpena within 10 days of its issuance, the secretary-treasurer or president of the board may [report to the district court 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;
(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 required by the subpena at the time and place specified therein, or has refused to answer questions propounded to him,
and asking] petition the district court for an order of the court compelling [the witness to attend and testify or produce the books and papers as required by] compliance with the subpena.
κ1985 Statutes of Nevada, Page 2229 (CHAPTER 667, SB 64)κ
3. Upon such a petition, the court shall enter an order directing the [witness] person subpenaed 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 as required by] complied with the subpena. A certified copy of the order must be served upon the [witness.] person subpenaed.
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,] compelling compliance with the subpena, and upon failure to obey the order the [witness] person shall be dealt with as for contempt of court.
Sec. 39. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine shall, before beginning to practice, procure from the board a license [or permit] authorizing [such] him to practice.
2. A license [or permit] may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; [and
(b) Has completed 1 year of postgraduate training approved by the board.]
(b) Has received the degree of Doctor of Medicine from the school he attended the 2 years immediately preceding the granting of the degree;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners; or
(2) All parts of the Federation Licensing Examination;
(d) Has completed 3 years of:
(1) Training as a resident in the United States or Canada; or
(2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and
(e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine.
Sec. 40. NRS 630.170 is hereby amended to read as follows:
630.170 [1. The] In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a medical school located in the United States or Canada shall submit to the board [, through its secretary:
(a) Proof of graduation from a United States or Canadian medical school recognized as reputable by the board. The medical school must have been, at the time of graduation, accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools.
(b) An affidavit that the applicant is the person named in the proof of graduation and that it was procured without fraud or misrepresentation of any kind.
κ1985 Statutes of Nevada, Page 2230 (CHAPTER 667, SB 64)κ
graduation and that it was procured without fraud or misrepresentation of any kind.
(c) A certificate or other document proving a period of 1 year of postgraduate training, which training must be approved by the board.
2. In addition to the affidavits or proofs required by subsection 1, the board may take such further evidence and require such other documents or proof of qualifications as it deems proper.
3. If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, the applicant may be rejected.] proof that he has received the degree of Doctor of Medicine from a medical school which, at the time of graduation, was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools.
Sec. 41. NRS 630.180 is hereby amended to read as follows:
630.180 1. [Before issuance of a license to practice medicine, the applicant who is otherwise eligible for licensure in the State of Nevada and has paid the fee and presented the credentials specified in NRS 630.170] In addition to the other requirements for licensure, an applicant shall appear personally and pass [a satisfactory written examination as to qualifications therefor.
2. The examination shall be fair and impartial, practical in character, and the questions shall be designated to discover the applicants fitness.
3.] an oral examination, if required by the board.
2. The board may employ specialists and other [professional] consultants or examining services in conducting [the examination.] any examinations required by the board.
Sec. 42. NRS 630.190 is hereby amended to read as follows:
630.190 1. If an applicant fails [in a first examination,] the examination required for licensing under this chapter, whether or not taken in this state or elsewhere, he may be reexamined after not less than 6 months.
2. If he fails [in a second examination, he shall not thereafter be] the examination on his second attempt, he is not entitled to [another examination] a third attempt within less than 1 year after the date of the second [examination, and prior thereto] attempt. Before taking the examination for the third time, he shall furnish proof satisfactory to the board of [further postgraduate training following the second examination satisfactory to the board.] 1 additional year of training as a resident completed after his second attempt to pass the examination.
3. If an applicant fails the examination after three attempts, he must show the board by clear and convincing evidence that extraordinary circumstances justify allowing him to take the examination again.
Sec. 43. NRS 630.195 is hereby amended to read as follows:
630.195 [1. The] In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the board [through its secretary:
κ1985 Statutes of Nevada, Page 2231 (CHAPTER 667, SB 64)κ
(a) Proof that he is a citizen of the United States, or that he is lawfully entitled to remain and work in the United States.
(b) Proof that he has received the degree of Doctor of Medicine or its equivalent, as determined by the board, from a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates.
(c) Proof that he has completed 3 years of postgraduate training satisfactory to the board.
(d) Proof that he has passed, with a grade acceptable to the board, an examination designated by the board.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as it deems proper.
3. Before issuance of a license to practice medicine, the applicant who presents the proof required by subsection 1 must appear personally before the board and satisfactorily pass a written or oral examination, or both, as to his qualifications to practice medicine.] proof that he has received:
1. The degree of Doctor of Medicine or its equivalent, as determined by the board; and
2. The standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that commission that he passed the examination given by it.
Sec. 44. NRS 630.200 is hereby amended to read as follows:
630.200 1. The board may deny an application for a license to practice medicine for any violation of the provisions of this chapter or regulations of the board.
2. The board shall notify an applicant of any deficiency which prevents any further action on the application or results in the denial of the application. The applicant may respond in writing to the board concerning any deficiency and, if he does so, the board shall respond in writing to the contentions of the applicant.
3. Any unsuccessful applicant may appeal to the district court to review the action of the board, if he files his appeal within [6 months] 90 days from the date of the rejection of his application by the board. Upon appeal the applicant has the burden to show that the action of the board is erroneous or unlawful.
Sec. 45. NRS 630.220 is hereby amended to read as follows:
630.220 The board shall maintain records pertaining to applicants to whom licenses or permits have been issued or denied. [In the records shall be recorded:] Such records must be open to the public and must include:
1. The [names of all applicants.] name of each applicant.
2. The name of the school granting the diploma [.] to the applicant.
3. The date of the diploma.
4. [Residence] The address of the residence of the applicant.
5. The date of issuance or denial of the license . [or permit.
6. Any other information required by the board.]
κ1985 Statutes of Nevada, Page 2232 (CHAPTER 667, SB 64)κ
Sec. 46. NRS 630.250 is hereby amended to read as follows:
630.250 All valid licenses to practice medicine issued [prior to July 1, 1973, shall] before July 1, 1985, remain in full effect but subject to the provisions of this chapter.
Sec. 47. NRS 630.261 is hereby amended to read as follows:
630.261 1. The board may [, at its discretion:
(a) Issue a temporary] , unless otherwise provided in this section, issue, renew or modify:
(a) A locum tenens license, to be effective not more than [6] 3 months after issuance, to any physician who is eligible for a permanent license in [the State of Nevada] this state and who also is of good moral character and reputation. The purpose of [the temporary license shall be] this license is to enable an eligible physician to serve as a substitute for some other physician who is [duly] licensed to practice medicine in [the State of Nevada] this state and who is absent from his practice for reasons deemed sufficient by the board. A [temporary] license, issued under the provisions of this subsection, is not renewable . [and may be revoked at any time for reasons deemed sufficient by the board.
(b) Issue a]
(b) A special license to a [duly] licensed physician of [an adjoining] another state to come into this state to care for or assist in the treatment of his own [patients] patient in association with a physician [duly] licensed in this state . [who shall have the primary care of the patients.] A special license, issued under the provisions of this subsection, [may be revoked at any time for reasons deemed sufficient by the board.
(c) Issue a special license to a duly qualified physician of another state to practice medicine in this state for a specified period of time and for specified purposes.] is limited to the care of a specific patient.
(c) A restricted license for a specified period if the board determines the applicant needs supervision or restriction.
(d) A temporary license for a specified period if the board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license, issued under the provisions of this subsection, is not renewable.
2. Every physician who is licensed under the provisions of subsection 1 and who accepts the privilege of practicing medicine in this state under the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time [, without notice or hearing, for reasons deemed sufficient by the board.
3. The board may adopt rules and regulations to carry out the purposes of this section.] by the board for any of the grounds provided in NRS 630.301 to 630.3065, inclusive, and section 14 of this act.
Sec. 48. NRS 630.265 is hereby amended to read as follows:
630.265 1. The board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a [postgraduate program of clinical training if:
κ1985 Statutes of Nevada, Page 2233 (CHAPTER 667, SB 64)κ
(a) The applicant is a] graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
(a) A graduate of an accredited medical school in the United State or Canada [or is a] ; or
(b) A graduate of a foreign medical school [recognized by the Educational Commission for Foreign Medical Graduates and:
(1) Has] and has received the standard certificate of the Educational Commission for Foreign Medical Graduates [; or
(2) Is a citizen of the United States and has completed 1 year of supervised clinical training approved by the board; and
(b) The board approves the program of clinical training, and if the] or a written statement from that commission that he passed the examination given by it.
2. The medical school or other institution sponsoring the program [provides] shall provide the board with written confirmation that the applicant has been appointed to a position in the program.
[2.] 3. The board may issue such a limited license for not more than 1 year but may renew the license.
[3. An applicant for such a license must pay an application fee of $25 to the board, and for any renewal of the license he must pay a fee of $10.]
4. The holder of [such] a limited license may practice medicine only in connection with his duties as a resident physician [and shall not engage in the private practice of medicine.] or under such conditions as are approved by the director of the program and the board.
5. A limited license granted under [the authority of] this section may be revoked by the board at any time for [reasons deemed sufficient by the board.
6. The board may adopt regulations to carry out the purpose of this section.] any of the grounds provided in NRS 630.301 to 630.3065, inclusive, and section 14 of this act.
Sec. 49. NRS 630.273 is hereby amended to read as follows:
630.273 1. The board may issue a certificate to [properly qualified applicants] an applicant who is qualified under the regulations of the board to perform medical services under the supervision of a supervising physician. The application for a certificate as a physicians assistant must be cosigned by the supervising physician, and the certificate is valid only so long as that supervising physician employs and supervises the physicians assistant.
2. A supervising physician shall not cosign for, employ or supervise more than one physicians assistant at the same time, except that [a supervising physician practicing] in a township whose population is less than 16,000 , he may supervise [not more than] two physicians assistants at the same time.
Sec. 50. NRS 630.275 is hereby amended to read as follows:
630.275 The board shall adopt regulations regarding the certification of a physicians assistant, including but not limited to:
κ1985 Statutes of Nevada, Page 2234 (CHAPTER 667, SB 64)κ
1. The educational and other qualifications of applicants.
2. The required [approved] academic program for applicants.
3. The procedures for applications for and the issuance of certificates.
4. The tests or examinations of applicants by the board.
5. The medical services which a physicians assistant may perform, except that [nothing in NRS 630.271 to 630.275, inclusive, or regulations adopted pursuant thereto, shall operate to authorize a physicians assistant to] he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatrists and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.
6. The duration, renewal and termination of certificates.
7. The grounds and procedures respecting disciplinary actions against physicians assistants.
8. The supervision of medical services of a physicians assistant by a supervising physician.
[9. The fees to be charged for applications for and renewals of certificates.]
Sec. 51. (Deleted by amendment.)
Sec. 52. NRS 630.290 is hereby amended to read as follows:
630.290 1. The board shall charge and collect not more than the following fees : [respectively:
For application for and issuance of a license by reciprocity......... $200]
For application for and issuance of a license by written examination, in addition to the actual cost to the board of the examination......................... [200] $400
For application for and issuance of a temporary [license........................ 50
For application for and issuance of a special license............................... 50
For application for and issuance of a limited license.......................... 25]
...... , locum tenens, limited, restricted or special license....................... 100
For renewal of a limited [license................................................................... 10
For application for and issuance of a permit to a professional employee of the State of Nevada or of the United States........................................................ 50
For application for and issuance of a permit to a resident medical officer in a Nevada hospital..................................................................................................... 50
For renewal of a permit to a resident medical officer in a Nevada hospital or to a professional employee of the State of Nevada or of the United States 10]
...... , restricted or special license................................................................ 50
For application for and issuance of a certificate as a physicians assistant [100]............................................................................................................. 200
For renewal of a certificate as a physicians assistant...................... [20] 100
For [annual registration................................................................................. 100
κ1985 Statutes of Nevada, Page 2235 (CHAPTER 667, SB 64)κ
2. If an applicant does not appear for examination or if the application is rejected, for any reason deemed sufficient by the board, the board may, upon request and in its discretion, refund a portion of the application fee not to exceed $150. There must be no refund of the application fee if an applicant appears for examination.
3. Each holder of a license to practice medicine must pay to the secretary-treasurer of the board on or before January 1 of each year the annual registration fee.
4. Any holder failing to pay the annual registration fee after it becomes due must be given a period of 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice medicine, and his license to practice medicine in Nevada is automatically suspended. The holder may, within 2 years after the date his license is suspended, on payment of twice the amount of the then-current annual registration fee to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
5. The annual registration fee must be collected for the year in which a physician is licensed.
6. Notices must be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.]
...... biennial registration.............................................................................. $400
For biennial registration for a physician who is retired, on inactive status or not practicing medicine in Nevada............................................................ 200
For the administration of the Federation Licensing Examination...... 300
For the administration of any one part of the Federation Licensing Examination ............................................................................................................. 100
For reexamination on the Federation Licensing Examination............ 200
For the administration of any one part of the Federation Licensing Examination as a courtesy to a person who is applying for licensure in another state ............................................................................................................. 200
For written verification of licensure.......................................................... 50
For a duplicate identification card........................................................... 25
For a duplicate license................................................................................ 50
For computer printouts or labels............................................................... 50
For verification of a listing of physicians, per hour............................... 20
For furnishing a directory of physicians to a person who is not licensed pursuant to this chapter......................................................................................... 10
For furnishing a list of new physicians to a person who is not in the medical profession................................................................................................. 30
2. In addition to the fees prescribed in subsection 1, the board shall charge and collect a fee to reimburse it for the cost of the Federation Licensing Examination.
κ1985 Statutes of Nevada, Page 2236 (CHAPTER 667, SB 64)κ
charge and collect a fee to reimburse it for the cost of the Federation Licensing Examination.
Sec. 53. NRS 630.301 is hereby amended to read as follows:
630.301 The [grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct.
2.] following acts, among others, constitute grounds for initiating disciplinary action:
1. Conviction of [:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation] a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this section.
2. Suspension, revocation, modification or limitation of the license to practice medicine by any other jurisdiction or the surrender of the license [in another jurisdiction as the result of an investigation or disciplinary action initiated in that jurisdiction.] or discontinuing the practice of medicine while under investigation by any licensing authority, a health and care facility, a branch of the armed services of the United States, an insurance company, an agency of the Federal Government or an employer.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
[5. Professional incompetence.]
Sec. 54. NRS 630.304 is hereby amended to read as follows:
630.304 The following acts, among others, constitute [unprofessional conduct:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
2. Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3.] grounds for initiating disciplinary action:
1. Obtaining, maintaining or renewing or attempting to obtain, maintain or renew a license to practice medicine by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.
2. Advertising the practice of medicine in a [manner which does not conform to the guidelines established by regulation of the board.] false, deceptive or misleading manner.
3. Practicing or attempting to practice medicine under another name.
κ1985 Statutes of Nevada, Page 2237 (CHAPTER 667, SB 64)κ
4. Signing a blank prescription form.
5. Influencing a patient in order to engage in sexual activity with the patient or with others.
6. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
7. Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
Sec. 55. NRS 630.305 is hereby amended to read as follows:
630.305 [1.] The following acts, among others, constitute [unprofessional conduct:
(a)] grounds for initiating disciplinary action:
1. Directly or indirectly [giving to or] receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation [for sending, referring or otherwise inducing a person to communicate with a physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(b) Employing,] which is intended or tends to influence the physicians objective evaluation or treatment of a patient.
2. Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.
3. Charging for visits to the physicians office which did not occur or for services which were not rendered or documented in the records of the patient.
4. Aiding, assisting, employing or advising, directly or indirectly, any [suspended or] unlicensed person [in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses under this chapter to practice medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
(b) For two or more persons holding valid licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.] to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.
5. Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.
κ1985 Statutes of Nevada, Page 2238 (CHAPTER 667, SB 64)κ
when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.
6. Failing to disclose to a patient any financial or other conflict of interest.
Sec. 56. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute [unprofessional conduct:
1. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.] grounds for initiating disciplinary action:
1. Inability to practice medicine with reasonable skill and safety due to illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any [:
(a) Professional conduct which] conduct:
(a) Which is intended to deceive ; or [which]
(b) Which the board [by regulation] has determined is [unethical; or
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.] a violation of the standards of practice established by regulation of the board.
3. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, or any dangerous drug as defined in chapter 454 of NRS, [otherwise than in the course of legitimate professional practice] to or for himself or to others except as authorized by law.
4. Performing, assisting or advising [an unlawful abortion or] the injection of any substance containing liquid silicone into the human body.
5. [Failure to maintain health care records which contain information relating to the medical history, examination, diagnosis and treatment of a patient.
6. Failure to make the health care records of a patient available for physical inspection and copying as provided in NRS 629.061.
7. Failure to report, within 30 days, the revocation, suspension or surrender of the license to practice medicine in another jurisdiction.] Practicing or offering to practice beyond the scope permitted by law, or performing services which the licensee knows or has reason to know that he is not competent to perform.
6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine are experimental.
7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
Sec. 57. NRS 630.3065 is hereby amended to read as follows:
630.3065 The following acts, among others, constitute [unprofessional conduct:] grounds for initiating disciplinary action:
κ1985 Statutes of Nevada, Page 2239 (CHAPTER 667, SB 64)κ
1. Willful disclosure of a communication privileged under a statute or court order.
2. Willful [disobedience of the regulations of the state board of health, the state board of pharmacy or the board of medical examiners.
3. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
4. Willful violation of any of the provisions of chapter 453 or 454 of NRS.] failure to comply with any regulation, subpena or order of the board or with any court order relating to this chapter or with any provision of this chapter.
3. Willful failure to perform any statutory or other legal obligation imposed upon a licensed physician.
Sec. 58. NRS 630.307 is hereby amended to read as follows:
630.307 [The board or any of its members, any medical review panel of a hospital or medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing medicine in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board or with the medical society of the county in which the person charged has his office if there is a medical society in the county.]
1. Any person, medical school or health and care facility that becomes aware that a person practicing medicine in this state has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the board.
2. Any hospital, clinic or other health and care facility licensed in this state, or medical society, shall report to the board any change in a physicians privileges to practice medicine while the physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician concerning the care of a patient or the competency of the physician.
3. The clerk of every court shall report to the board any finding, judgment or other determination of the court that a physician:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or negligence.
Sec. 59. NRS 630.311 is hereby amended to read as follows:
630.311 1. [When a complaint is filed:
(a) With the board, it must be reviewed by the secretary of the board.
(b) With a county medical society, the society shall forward a copy of the complaint to the board for review.
κ1985 Statutes of Nevada, Page 2240 (CHAPTER 667, SB 64)κ
2. If, from the complaint or from other records, it appears that there is a reasonable basis for the complaint and the complaint charges:
(a) Unprofessional conduct, a conviction or the suspension, revocation or surrender of a license to practice medicine, the secretary shall order an investigation of the complaint to determine whether it warrants disciplinary action. If it does, the board shall proceed with appropriate disciplinary action.
(b) Gross or repeated malpractice or professional incompetence, the board may transmit the original complaint, along with further facts or information derived from its own review, or from any investigation conducted, to the attorney general.] The board or a committee of its members designated by the board shall review a complaint and conduct an investigation to determine whether there is a reasonable basis for the complaint. The committee may issue orders to aid its investigation including, but not limited to, compelling a physician to appear before the committee.
2. Following the investigation, the committee shall present its evaluation and recommendations to the board. The board shall review the committees findings to determine whether to take any further action, but no member or advisory member of the board who participated in the investigation may participate in this review or in any subsequent hearing or action taken by the board.
Sec. 60. NRS 630.318 is hereby amended to read as follows:
630.318 1. [If the board determines that a complaint is not frivolous, the board may require the person charged in the complaint to submit to a mental or physical examination by physicians designated by the board.] If the board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, it may order that the physician undergo a mental or physical examination or an examination testing his competence to practice medicine by physicians or other examinations designated by the board to assist the board in determining the fitness of the physician to practice medicine.
2. For the purposes of this section:
(a) Every physician who applies for a license or who is licensed under this chapter [who accepts the privilege of practicing medicine in this state] shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when [directed] ordered to do so in writing by the board.
(b) The testimony or [examination] reports of the examining physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the board, the failure of a physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against him.
κ1985 Statutes of Nevada, Page 2241 (CHAPTER 667, SB 64)κ
Sec. 61. NRS 630.326 is hereby amended to read as follows:
630.326 If the board issues an order [summarily] suspending the license of a physician pending proceedings for disciplinary action and requires the physician to submit to a mental or physical examination or [a medical competency examination,] an examination testing his competence to practice medicine, the examination [shall] must be conducted and the results obtained not later than 60 days after the board issues its order.
Sec. 62. NRS 630.329 is hereby amended to read as follows:
630.329 If the board issues an order [summarily] suspending the license of a physician 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 the requirements for investigation of the case reasonably allow.]
Sec. 63. NRS 630.333 is hereby amended to read as follows:
630.333 1. In addition to any other remedy provided by law, the board, through its president or [secretary] , secretary-treasurer or the attorney general, may apply to any court of competent jurisdiction [to] :
(a) To enjoin any [unprofessional conduct] prohibited act or other conduct of a physician which is harmful to the public [or to] ;
(b) To enjoin any person who is not licensed under this chapter from practicing medicine; or
(c) To limit the physicians practice or suspend his license to practice medicine . [as provided in this section.]
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for [such purposes:] the purposes set forth in subsection 1:
(a) Without proof of actual damage sustained by any person ; [, this provision being a preventive as well as punitive measure; and]
(b) Without relieving any person from criminal prosecution for engaging in the practice of medicine without a license; and
(c) Pending proceedings for disciplinary action by the board. [Such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.]
Sec. 64. NRS 630.336 is hereby amended to read as follows:
630.336 [All proceedings subsequent to the filing of a complaint are confidential, except to the extent necessary for the conduct of an investigation, until the board determines to proceed with disciplinary action. If the board dismisses the complaint, the proceedings remain confidential. If the board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.]
1. Any proceeding of a committee of the board investigating complaints is not subject to the requirements of NRS 241.020, unless the licensee under investigation requests that the proceeding be subject to those requirements. Any deliberations conducted or votes taken by the board or panel regarding its decision are not subject to the requirements of NRS 241.020.
κ1985 Statutes of Nevada, Page 2242 (CHAPTER 667, SB 64)κ
board or panel regarding its decision are not subject to the requirements of NRS 241.020.
2. Except as otherwise provided in subsection 3, all applications for a license to practice medicine, any charges filed by the board, financial records of the board, formal hearings on any charges heard by the board or a panel selected by the board, records of such hearings and any order or decision of the board or panel must be open to the public.
3. The following may be kept confidential:
(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;
(b) All investigations and records of investigations;
(c) Any report concerning the fitness of any person to receive or hold a license to practice medicine;
(d) Any communication between:
(1) The board and any of its committees or panels; and
(2) The board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the board; and
(e) Any other information or records in the possession of the board.
4. This section does not prevent or prohibit the board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.
Sec. 65. NRS 630.339 is hereby amended to read as follows:
630.339 [If:
1. A complaint charging unprofessional conduct, a conviction or the surrender, suspension or revocation of a license to practice medicine is determined to have a reasonable basis; or
2. With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,
the secretary of the board shall]
1. If, after an investigation by a committee or on its own initiative, the board decides to proceed with disciplinary action, it shall bring charges against a licensee and fix a time and place for a formal hearing . [and cause a notice of the hearing and a formal complaint prepared by the board and signed by the secretary in his official capacity to be served on the person charged at least 20 days before the date fixed for the hearing.] It shall notify the licensee of the charges brought against him, including the time and place set for the hearing, and of the possible sanctions authorized in NRS 630.352.
2. The board, a hearing officer or a panel of its members designated by the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the board who is not a physician must participate in this hearing and in the final recommendation of the panel to the board.
Sec. 66. NRS 630.344 is hereby amended to read as follows:
630.344 1. Service of process made under this chapter [shall be either personal] must be made on the person or by registered or certified mail with return receipt requested, addressed to the physician at his last known address .
κ1985 Statutes of Nevada, Page 2243 (CHAPTER 667, SB 64)κ
either personal] must be made on the person or by registered or certified mail with return receipt requested, addressed to the physician at his last known address . [, as indicated on the records of the board, if possible.] If personal service cannot be made and if [mail] notice by mail is returned undelivered, the [secretary] secretary-treasurer of the board shall cause notice [of hearing] to be published once a week for 4 consecutive weeks in a newspaper published in the county of the physicians 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 under this chapter [shall] must be filed with the [secretary of the] board and [shall be] recorded in the minutes of the board.
Sec. 67. NRS 630.346 is hereby amended to read as follows:
630.346 In any disciplinary [proceeding before the board:] hearing:
1. The board, a panel of the members of the board and a hearing officer are not bound by formal rules of evidence and a witness must not be barred from testifying solely because he was or is incompetent.
2. Proof of actual injury need not be established . [where the complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.
2.] 3. A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension , [or] revocation , limitation, modification, denial or surrender of a license to practice medicine is conclusive evidence of its occurrence.
Sec. 68. NRS 630.352 is hereby amended to read as follows:
630.352 1. [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 shall not serve to delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.] Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from clear and convincing evidence, that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions. If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed.
2. If the board finds [the person guilty as charged in the complaint,] that a violation has occurred, it may by order:
(a) Place the person on probation for a specified period [or until further order of the board.] on any of the conditions specified in the order;
(b) Administer to [the person] him a public [or private reprimand.] reprimand;
(c) Limit [the practice of the person to, or by the exclusion of,] his practice or exclude one or more specified branches of medicine [.] from his practice;
κ1985 Statutes of Nevada, Page 2244 (CHAPTER 667, SB 64)κ
(d) Suspend [the license of the person to practice medicine] his license for a specified period or until further order of the board ; [.]
(e) Revoke [the license of the person] his license to practice medicine [.
The order of the board may contain such other terms, provisions or conditions as the board deems proper which are not inconsistent with law.] ;
(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;
(g) Require supervision of his practice;
(h) Impose a fine not to exceed $5,000;
(i) Require him to perform public service without compensation;
(j) Require him to take a physical or mental examination or an examination testing his competence; and
(k) Require him to fulfill certain training or educational requirements.
Sec. 69. NRS 630.356 is hereby amended to read as follows:
630.356 1. Any person [who has been placed on probation or whose license has been limited, suspended or revoked by] aggrieved by a final order of the board is entitled to judicial review of the boards order.
2. Every order of the board which limits the practice of medicine or suspends or revokes a license is effective from the date the [secretary] secretary-treasurer certifies 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 for in NRS 233B.140.] pending a final determination by the court.
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.
Sec. 70. NRS 630.358 is hereby amended to read as follows:
630.358 1. Any person:
(a) Whose practice of medicine has been limited; or
(b) Whose license to practice medicine has been:
(1) Suspended until further order; or
(2) 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 or an examination testing his competence to practice medicine by physicians [whom] or other examinations it designates and submit such other evidence of changed conditions and of fitness as it deems 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 it deems the evidence and the public safety warrants.
κ1985 Statutes of Nevada, Page 2245 (CHAPTER 667, SB 64)κ
3. The licensee has the burden of proving by clear and convincing evidence that the requirements for restoration of the license or removal of the limitation have been met.
4. The board shall not restore a license unless it is satisfied that the person has complied with all of the terms and conditions set forth in the final order of the board and that the person is capable of practicing medicine in a safe manner.
5. To restore a license that has been revoked by the board, the applicant must apply for a license and take an examination as though he had never been licensed under this chapter.
Sec. 71. NRS 630.364 is hereby amended to read as follows:
630.364 [The board of medical examiners, a medical review panel of a hospital, a medical society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct]
1. Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith and without malicious intent in accordance with the provisions of this chapter is immune from any civil action for [that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.] furnishing that information.
2. The board and any of its members and its staff, counsel, investigators, experts, committees, panels, hearing officers and consultants are immune from any civil liability for:
(a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the board.
(b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the state, the attorney general, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.
Sec. 72. NRS 630.390 is hereby amended to read as follows:
630.390 In [charging any person with a] seeking injunctive relief against any person for an alleged violation of this chapter by practicing medicine with out a license, it is sufficient to [charge] allege that he did, upon a certain day, and in a certain county of this state, engage in the practice of medicine [, he not] without having a license to do so, without [averring] alleging any further or more particular facts concerning the same.
Sec. 73. NRS 630.400 is hereby amended to read as follows:
630.400 Any person who:
1. Presents to the board as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the board ; [, or any member thereof, in connection with an application for a license or permit to practice medicine;]
κ1985 Statutes of Nevada, Page 2246 (CHAPTER 667, SB 64)κ
3. Practices medicine under a false or assumed name or falsely personates another licensee ; [of a like or different name; or]
4. Except as otherwise provided by specific statute, practices medicine without being licensed under this chapter; or
5. Holds himself out as a physicians assistant or who uses any other term indicating or implying that he is a physicians assistant [, unless he has been] without being certified by the board,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 74. NRS 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient; or
(b) Any authorized representative or investigator of the board of medical examiners of the State of Nevada [or the attorney general] in the course of any investigation conducted pursuant to NRS [630.314,] 630.311,
upon the request of any of them. The records [shall] must be made available at a place within the depository convenient for physical inspection and inspection [shall] must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes.
2. Records made available to a representative or investigator of the board of medical examiners [or the attorney general] in accordance with the provisions of this section [shall] must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
This subsection does not prohibit the board of medical examiners from providing to a physician against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the physician and his attorney shall keep the information confidential.
3. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 75. NRS 690B.045 is hereby amended to read as follows:
690B.045 Except as more is required in section 19 of this act:
κ1985 Statutes of Nevada, Page 2247 (CHAPTER 667, SB 64)κ
1. Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS for a breach of his professional duty toward a patient shall report to the board which licensed the practitioner within 30 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name and address of the claimant and the practitioner and the circumstances of the case.
2. A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS who does not have insurance covering liability for a breach of his professional duty toward a patient shall report to the board which issued his license within 30 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving his name and address, the name and address of the claimant and the circumstances of the case.
3. These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.
Sec. 76. Section 1 of chapter 131, Statutes of Nevada 1985, is hereby amended to read as follows:
Section 1. NRS 630.287 is hereby amended to read as follows:
630.287 The board [may require physicians who are licensed under this chapter to comply with continuing education requirements adopted by the board as a prerequisite to annual registration.] shall, as a prerequisite for the:
1. Renewal of a certificate as a physicians assistant; or
2. Biennial registration of the holder of a license to practice medicine,
require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 77. 1. NRS 630.012, 630.013, 630.022, 630.150, 630.210, 630.230, 630.280, 630.285, 630.314, 630.322, 630.367, 630.370 and 630.380 are hereby repealed.
2. NRS 630.410 is hereby repealed.
Sec. 78. As of July 1, 1985, those members of the board still serving their appointed terms are eligible for appointment for an additional term as members of the board.
Sec. 79. 1. This section and section 76 of this act become effective upon passage and approval.
2. Section 26 and subsection 2 of section 77 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 2248κ
Senate Bill No. 128Committee on Commerce and Labor
CHAPTER 668
AN ACT relating to financial institutions; clarifying the obligations certain financial institutions have to their customers; clarifying and broadening the scope of investments that a savings and loan association may make; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 673 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. The package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box.
2. If the contents of the safe-deposit box have not been claimed within 6 months of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public or private sale at a specified time and place, or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date. The time, place and manner of sale must also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. If the articles are not claimed, they may then be sold in accordance with the notice.
3. Any documents or writings of a private nature, having little or no apparent value, need not be offered for sale, but must be retained, unless claimed by the owner, for 6 months. After that time, they may be destroyed. Any documents of legal significance, including wills, codicils, deeds, mortgages, policies for insurance, contracts, certificates of birth or notes or other evidence of indebtedness must be retained by the lessor or subsequent custodian, unless claimed by the owner, for 8 years after the box is opened.
κ1985 Statutes of Nevada, Page 2249 (CHAPTER 668, SB 128)κ
lessor or subsequent custodian, unless claimed by the owner, for 8 years after the box is opened. After that time, they may be destroyed.
4. The balance of the proceeds, after deducting accumulated charges, including the expense of advertising and conducting the sale, together with any money discovered in the box must be deposited to the credit of the lessee in any account maintained by him, or if none, must be deposited in a deposit account with the financial institution operating the safe-deposit facility, or in the case of a subsidiary safe- deposit company, an association owning stock therein, and must be identified on the books of the association as arising from the sale of contents of a safe-deposit box.
Sec. 2. NRS 673.276 is hereby amended to read as follows:
673.276 An association may invest in:
1. Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
2. Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
3. Stock of a federal home-loan bank of which the association is eligible to be a member.
4. Any obligations or consolidated obligations of any federal home-loan bank or banks.
5. Stock or obligations of the Federal Savings and Loan Insurance Corporation.
6. Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
7. Demand, time or savings deposits with any bank or trust company whose deposits are insured by the Federal Deposit Insurance Corporation.
8. Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the associations purposes or powers.
9. Savings accounts of any insured association licensed by the state and of any federal savings and loan association, [but each investment in any other] if the accounts of the savings and loan association [must be fully] are insured by the Federal Savings and Loan Insurance Corporation.
10. Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
11. Capital stock and other securities of:
(a) A state development corporation organized under the provisions of chapter 670 of NRS.
(b) A corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the association is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200.
κ1985 Statutes of Nevada, Page 2250 (CHAPTER 668, SB 128)κ
12. Any other investment at the discretion of the associations directors [,] if , after the investment is made, the associations accounts remain insurable by the Federal Savings and Loan Insurance Corporation.
Sec. 3. NRS 673.2766 is hereby amended to read as follows:
673.2766 1. Any investment in real property for purposes of subdivision or for residential development must not exceed the market value or appraisal valuation as evidenced by an appraisal report prepared within 120 days of such investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers, or the Independent Fee Appraisers Society, or by such other appraiser as may be approved by the administrator.
2. [Before] Within 30 days after such investment is made, the association shall provide the administrator with a certified copy of one or more appraisal reports on the real property involved and with a title insurance company report, reflecting the chain of title for a period of at least 3 years and the amount of consideration, as available, given for each title transfer that may have occurred during the reported period. [If the total amount to be invested in undeveloped real property exceeds one-half of 1 percent of the associations total savings accounts, the investment may not be made until the administrator has given his written approval.]
3. The administrator may require a statement from the association disclosing whether [or not] any director, officer or employee of the association has a direct or indirect interest in the real property involved or has had any such interest at any time during the past 3 years. Stock ownership in an interested corporation may be considered the direct or indirect interest of the investor. Failure to make any such required disclosure is unlawful.
Sec. 4. NRS 673.377 is hereby amended to read as follows:
673.377 1. Every association shall have on hand at all times in available funds, bank deposits, United States Government bonds, certificates of insured savings and loan associations , [not in excess of the insurable limitations,] federal home-loan bank evidences of indebtedness, time certificates of insured federal and state banks or of any indebtedness of any United States Government instrumentality which is by statute fully guaranteed, a sum not less than 5 percent of the aggregate of savings accounts and investment certificates to enable it to pay withdrawals in excess of receipts and to meet accruing expenses. The administrator may prescribe from time to time different amounts required for liquidity purposes, but [such] the amounts must not be less than 4 percent or more than 8 percent.
2. A deposit in a bank or association under the control or the possession of appropriate supervisory authority [shall] must not be considered as cash. Except for deposits in a federal home-loan bank, a time deposit established hereafter, whether or not time deposit-open account or deposit evidenced by a certificate of deposit, [shall] must not be considered as cash for such purposes unless:
κ1985 Statutes of Nevada, Page 2251 (CHAPTER 668, SB 128)κ
or deposit evidenced by a certificate of deposit, [shall] must not be considered as cash for such purposes unless:
(a) [Such] The member itself made the deposit in question;
(b) The deposit, together with all other time deposits of the association in the same bank, does not exceed the greater of one-quarter of 1 percent of [such] the banks total deposits as of the banks last-published statement of condition or $15,000; and
(c) No consideration was received from a third party in connection with the making of the deposit.
3. An association shall not make or purchase any loan, other than advances on the sole security of its savings accounts, at any time when its liquidity drops below the required level. For the purpose of this section, a loan is deemed to have been made as of the date the borrower executed the security instrument, and a loan is deemed to have been purchased as of the date of the payment therefor.
Sec. 5. NRS 673.410 is hereby amended to read as follows:
673.410 1. If any association, company or corporation organized or incorporated under the laws of any governing body other than the State of Nevada is doing business in this state under the provisions of this chapter, and the laws of such other governing body conflict with any of the provisions of [NRS 673.380 and 673.390,] this chapter, the provisions of the laws of this governing body [shall] prevail as to each such conflict.
2. Whenever any such foreign organization follows a course or performs any act which is forbidden to any domestic organization under the terms of [NRS 673.380 and 673.390,] this chapter, it shall report to the administrator all of the facts relating thereto.
Sec. 6. NRS 673.595 is hereby amended to read as follows:
673.595 1. Every foreign association which desires to do any business or maintain an office of the kind provided for in this chapter must apply to the administrator for a license to transact that business or maintain that office in this state. No foreign association may accept deposits in the state.
2. The filing fees are:
(a) For filing an original application, $300 for each office. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(b) If the license is approved for issuance, $200 for each office.
(c) For each licensed foreign association, an annual renewal fee of $400.
3. The administrator shall issue a license to an applicant if he is satisfied that the issuance of the license is consistent with the purpose of this chapter. The administrator may revoke any such license when he is satisfied that the licensed activity or any part of it is not consistent with the purposes of this chapter.
4. At the time of making an application, every foreign association shall provide written consent to whatever examination or investigation the administrator may desire to make during the license period.
κ1985 Statutes of Nevada, Page 2252 (CHAPTER 668, SB 128)κ
shall provide written consent to whatever examination or investigation the administrator may desire to make during the license period. The administrator shall charge the foreign association $30 per hour for the time spent on the examination or investigation by state examiners.
5. The provisions of chapter 80 of NRS apply to all foreign associations licensed under the provisions of this section. For the purposes of this section, activities conducted by any foreign association, which are limited to any one or more of those enumerated in NRS 80.240, do not constitute doing business or require that the association be licensed.
Sec. 7. NRS 663.085 is hereby amended to read as follows:
663.085 1. If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last-known address of the lessee. The package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box.
2. If the contents of the safe-deposit box have not been claimed within 6 months of the mailing of the certificate, the lessor may send [a further] another notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public or private sale at a specified time and place, or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date. The time, place and manner of sale must also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. Except as otherwise provided in subsection 3, if the articles are not claimed, they may then be sold in accordance with the notice.
3. Any document which has legal significance, [such as] including a will, codicil, deed, mortgage, policy of insurance, certificate of birth, marriage or death, contract or other evidence of [debt, must not be sold or destroyed] indebtedness must be retained by the lessor [sooner than] or subsequent custodian, unless claimed by the owner, for 8 years after the box is opened pursuant to subsection 1. After that time, they may be destroyed. Any other documents or writings of a private nature, if they have little or no apparent value, need not be offered for sale, but must be retained, unless claimed by the owner, for 6 months, after which they may be destroyed.
κ1985 Statutes of Nevada, Page 2253 (CHAPTER 668, SB 128)κ
4. The balance of the proceeds, after deducting accumulated charges, including the expense of advertising and conducting the sale, together with any money discovered in the box must be deposited to the credit of the lessee in any account maintained by him, or if none, must be deposited in a deposit account with the bank operating the safe-deposit facility, or in the case of a subsidiary safe-deposit company, a bank owning stock therein, and must be identified on the books of the bank as arising from the sale of contents of a safe-deposit box.
Sec. 8. Section 7 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 393Senators Bilbray, Horn, Vergiels and Foley
CHAPTER 669
AN ACT relating to unincorporated towns; providing for the calculation and imposition of a common levy for providing common services to two or more contiguous unincorporated towns; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county which has two or more unincorporated towns which:
(a) Were formed pursuant to the provisions of NRS 269.500 to 269.625, inclusive;
(b) Provide a common service; and
(c) Are contiguous,
may by resolution levy a common rate of taxes ad valorem for those unincorporated towns for the common service.
2. In the resolution the board must:
(a) Identify the unincorporated towns to which the common rate applies; and
(b) State the service common to those unincorporated towns for which the common rate is imposed.
3. If the towns provide more than one common service, the common rate must include all the common service. A separate rate may be levied for a capital improvement in any town, or for a service provided only in the town where that rate is levied.
Sec. 2. NRS 269.505 is hereby amended to read as follows:
269.505 Whenever used in NRS 269.500 to 269.625, inclusive, and section 1 of this act, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 269.510 to 269.520, inclusive, have the meanings ascribed to them in those sections.
κ1985 Statutes of Nevada, Page 2254 (CHAPTER 669, SB 393)κ
Sec. 3. NRS 269.575 is hereby amended to read as follows:
269.575 1. Town services, any one of which or any combination of which may be supplied to the residents of a particular unincorporated town include, but need not be limited to:
(a) Cemetery;
(b) Dump stations and sites;
(c) Fire protection;
(d) Flood control and drainage;
(e) Garbage collection;
(f) Police;
(g) Parks;
[(g)] (h) Recreation;
[(h)] (i) Sewage collection;
[(i)] (j) Streets;
[(j)] (k) Street lights;
[(k)] (l) Swimming pools;
[(l)] (m) Television translator;
[(m)] (n) Water distribution; and
[(n)] (o) Acquisition, maintenance and improvement of town property.
2. Each unincorporated town [shall be] is limited to that service or those services whose supply provided the basis for the formation of the town, as adjusted from time to time pursuant to NRS 269.570.
Sec. 4. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the board of county commissioners of a county has established a common levy authorized pursuant to section 1 of this act, it shall calculate the rate of that levy by combining the amount of revenue from taxes ad valorem authorized for each of the unincorporated towns participating in the common levy, including any adjustment permitted by statute or authorized by the Nevada tax commission, and dividing that sum by the combined assessed valuation of those unincorporated towns. The resulting common rate must be imposed on all taxable property located in those unincorporated towns.
2. Whether or not a common levy has been established, each board of county commissioners shall cause to be prepared and made available as a public record a document showing:
(a) The services provided throughout the county and financed from the rate levied for the county as such; and
(b) The services provided in each area for which an additional rate is levied and financed from that rate.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 2255κ
Assembly Bill No. 379Committee on Commerce
CHAPTER 670
AN ACT relating to deceptive trade practices; specifying additional deceptive trade practices; increasing penalties for deceptive trade practices; providing penalties; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. A person shall not hold a deposit for the purchase of an item longer than the time specified in a contract between the purchaser and the seller if the purchaser is entitled to the return of the deposit.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than the amount of the deposit multiplied by the number of working days the deposit was retained after return was due.
Sec. 3. (Deleted by amendment.)
Sec. 4. If a person violates any provision of this chapter, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner of consumer affairs or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
1. The suspension of the persons privilege to conduct business within this state; or
2. If the defendant is a corporation, dissolution of the corporation.
The court may grant or deny the relief sought or may order other appropriate relief.
Sec. 5. A person engages in a deceptive trade practice when in the course of his business or occupation he employs bait and switch advertising, which consists of an offer to sell a product or service which the seller in truth may not intend or desire to sell, accompanied by one or more of the following practices:
1. Refusal to show the product advertised.
2. Disparagement in any material respect of the advertised product or the terms of sale.
3. Requiring other sales or other undisclosed conditions to be met before selling the advertised product or service.
4. Refusal to take orders for the product advertised for delivery within a reasonable time.
5. Showing or demonstrating a defective product which is unusable or impractical for the purposes set forth in the advertisement.
6. Accepting a deposit for the product and subsequently switching the purchase order to a higher priced item.
κ1985 Statutes of Nevada, Page 2256 (CHAPTER 670, AB 379)κ
Sec. 6. A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly fails to identify goods damaged by water.
2. Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
4. Fails to make delivery of a product within a reasonable time or to make a refund for the product, if he allows refunds.
5. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.
Sec. 7. A person engages in a deceptive trade practice when in the course of his business or occupation he knowingly:
1. Conducts the business or occupation without all required state, county or city licenses.
2. Fails to disclose a material fact in connection with the sale of goods or services.
Sec. 8. NRS 598.360 is hereby amended to read as follows:
598.360 As used in NRS 598.360 to 598.640, inclusive, [and] sections 2 and 3 of [this act] Assembly Bill No. 98 of the 63rd session of the Nevada legislature and sections 5, 6 and 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.370 to 598.480, inclusive, and sections 5, 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 598.410 is hereby amended to read as follows:
598.410 A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly passes off goods or services as those of another.
κ1985 Statutes of Nevada, Page 2257 (CHAPTER 670, AB 379)κ
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that good or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another.
8. Disparages the goods, services of business of another by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell them as advertised.
10. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell a product or service to the sales personnel applicant.
12. Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions.
[13. Employs bait and switch advertising, which consists of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, accompanied by one or more of the following practices:
(a) Refusal to show the product advertised.
(b) Disparagement in any material respect of the advertised product or the terms of sale.
(c) Requiring tie-in sales or other undisclosed conditions to be met prior to selling the advertised product or service.
(d) Refusal to take orders for the product advertised for delivery within a reasonable time.
(e) Showing or demonstrating a defective product which is unusable or impractical for the purposes set forth in the advertisement.
(f) Accepting a deposit for the product and subsequently switching the purchase order to a higher priced item.
(g) Failure to make deliveries of the product within a reasonable time or to make a refund therefor.
κ1985 Statutes of Nevada, Page 2258 (CHAPTER 670, AB 379)κ
14. Knowingly fails to identify flood-damaged or water-damaged goods as to such damages.
15. Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
16. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
17. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.]
Sec. 10. NRS 598.490 is hereby amended to read as follows:
598.490 1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
2. The deceptive trade practices listed in NRS 598.410 and sections 5, 6 and 7 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this state.
Sec. 11. NRS 598.540 is hereby amended to read as follows:
598.540 1. Notwithstanding the requirement of knowledge as an element of [any practice enumerated in NRS 598.410 as] a deceptive trade practice, when the commissioner or director has cause to believe that a person has engaged or is engaging in any [of the practices enumerated in NRS 598.410,] deceptive trade practice, knowingly or otherwise, he may request in writing that the attorney general represent him in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order [, as provided in N.R.C.P. 65,] prohibiting the person from continuing [such] the practices.
κ1985 Statutes of Nevada, Page 2259 (CHAPTER 670, AB 379)κ
[such] the practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade practice.
2. Where the commissioner or director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the [voluntary] payment by the alleged violator of the costs of investigation and the costs of instituting the action or proceeding and for the [voluntary] restitution of any money or property acquired by any deceptive trade practice. Except as provided in this subsection, any assurance of discontinuance accepted by the commissioner or director and any stipulation filed with the court is confidential to the parties to the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1 of this section, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation becomes a public record. Proof by a preponderance of evidence of a violation of an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the commissioner or director, whether a new action or a subsequent motion or petition in any pending action or proceeding.
Sec. 12. NRS 598.570 is hereby amended to read as follows:
598.570 Notwithstanding the requirement of knowledge as an element of [any practice enumerated in NRS 598.410 as] a deceptive trade practice, and notwithstanding the enforcement powers granted to the commissioner or director pursuant to NRS 598.360 to 598.640, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any [of the practices enumerated in NRS 598.410,] deceptive trade practice, knowingly or otherwise, he may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.
Sec. 13. NRS 598.620 is hereby amended to read as follows:
598.620 1. In proceeding pursuant to NRS 598.580 to 598.620, inclusive, the district attorney may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice [enumerated in NRS 598.410] from any person who is engaged or is about to engage in [such] the method, act or practice by following the procedures set forth in subsection 2 of NRS 598.540.
2. Any assurance made pursuant to subsection 1 [shall] must be in writing and [shall] must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.
κ1985 Statutes of Nevada, Page 2260 (CHAPTER 670, AB 379)κ
any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.
3. An assurance of discontinuance made pursuant to subsections 1 and 2 [shall not be considered] is not an admission of violation for any purpose, but is subject to the terms, limitations [,] and conditions of NRS 598.540.
Sec. 14. NRS 598.640 is hereby amended to read as follows:
598.640 1. Any person who violates any court order or injunction issued pursuant to NRS 598.360 to 598.630, inclusive, upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.360 to 598.630, inclusive.
2. In any action brought pursuant to NRS 598.540 to 598.600 inclusive, and section 2 of [this act,] Assembly Bill No. 98 of the 63rd session of the Nevada legislature, if the court finds that any person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation.
3. Any natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, 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.
4. [As used in this section the term violation includes a repetitive or continuous violation arising out of the same act.]
Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
Sec. 15. NRS 598.745 is hereby amended to read as follows:
598.745 Any person who knowingly violates any provision of NRS 598.700 to 598.735, inclusive, is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of [$250] not more than $500 for each offense, which may be recovered by civil action on complaint of the commissioner of consumer affairs , the director of the department of commerce or the district attorney.
κ1985 Statutes of Nevada, Page 2261 (CHAPTER 670, AB 379)κ
Sec. 16. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by NRS 482.351; or
(c) A deceptive trade practice as defined in NRS 598.410 [.] and sections 5, 6 and 7 of this act.
3. If the claimant is the prevailing party, the court shall award any damages that he has sustained.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
Sec. 17. NRS 489.401 is hereby amended to read as follows:
489.401 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. The intentional publication, circulation or display of any advertising which constitutes a [violation of NRS 598.410 by being a] deceptive trade practice [within the meaning of the term as set forth in that section.] as that term is defined in NRS 598.410 and sections 5, 6 and 7 of this act.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
4. Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
5. Representing to any lender, guaranteeing agency or other interested party, either orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
(b) A false amount as the down payment, earnest money deposit or other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
6. Inducing an applicant to falsify his credit application.
Sec. 18. Sections 8, 11 and 14 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 2262κ
Assembly Bill No. 653Assemblyman Stone (by request)
CHAPTER 671
AN ACT relating to slot machines; revising the definition of an operator of a slot machine route; restricting the granting of licenses to operate slot machines on the premises of another; and providing other matters properly relating thereto.
[Approved June 14, 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:
A license to operate 15 or fewer slot machines at an establishment in which the operation of slot machines is incidental to the primary business conducted at the establishment may only be granted to the operator of the primary business or to a licensed operator of a slot machine route.
Sec. 2. NRS 463.018 is hereby amended to read as follows:
463.018 Operator of a slot machine route means a person who , [is engaged in the business of placing slot machines upon the business premises of another] under any agreement whereby consideration is paid or payable for the [placement of those slot machines, whether the consideration is measured by a percentage of revenue derived from the machines or by a fixed fee or otherwise.] right to place slot machines, engages in the business of placing and operating slot machines upon the business premises of others at three or more locations.
________
Assembly Bill No. 400Assemblymen Francis, Bergevin, Bilyeu, Kerns, Nevin, Horne, Joerg, Schofield, ODonnell, Price, McGaughey, Ham, Beyer, Nicholas, Spriggs, Stone, Rader, Bogaert, Thomas, Tebbs, Williams, Collins, Sedway, DuBois, Malone, Craddock, Zimmer, Getto, Coffin, Arberry, Little, Humke, Lambert, Roberts and Swain
CHAPTER 672
AN ACT relating to mental health; creating a commission; providing its powers and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Commission means the commission on mental health and mental retardation.
κ1985 Statutes of Nevada, Page 2263 (CHAPTER 672, AB 400)κ
Sec. 3. Every employee of the division is entitled to submit written information or requests directly to the commission or its individual members, or appear before it with its permission, but the commission shall not interfere with the procedures for resolving the grievances of employees in the classified service of the state.
Sec. 4. The commission may:
1. Collect and disseminate information pertaining to mental health and mental retardation.
2. Request legislation pertaining to mental health and mental retardation.
3. Investigate complaints about the care of any person in a public facility for the treatment of the mentally ill or mentally retarded.
4. Accept, as authorized by the legislature, gifts and grants of money and property.
5. Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of the mentally ill and mentally retarded provided through state agencies, hospitals and clinics.
6. Promote programs for the treatment of the mentally ill and mentally retarded and participate in and promote the development of facilities for training persons to provide services for the mentally ill and mentally retarded.
7. Create a plan to coordinate the services for the treatment of the mentally ill and the mentally retarded provided in this state and to provide continuity in the care and treatment provided.
8. Establish and maintain an appropriate program which provides information to the general public concerning mental illness and mental retardation and consider ways to involve the general public in the decisions concerning the policy on mental illness and mental retardation.
9. Compile statistics on mental illness and study the cause, pathology and prevention of that illness.
10. Establish programs to prevent or postpone the commitment of residents of this state to facilities for the treatment of the mentally ill and mentally retarded.
11. Evaluate the future needs of this state concerning the treatment of mental illness and mental retardation and develop ways to improve the treatment already provided.
12. Take any other action necessary to promote mental health in this state.
Sec. 5. The commission or its designated agent may inspect any state facility providing services for the mentally ill and the mentally retarded to determine if the facility is in compliance with the provisions of this Title and any regulations adopted thereunder.
Sec. 6. The administrator shall appoint, for each facility or group of facilities sufficiently close to one another, a person in the classified service of the state to receive, investigate and evaluate complaints by clients or others on their behalf concerning violations of the clients rights.
κ1985 Statutes of Nevada, Page 2264 (CHAPTER 672, AB 400)κ
rights. The person so appointed shall also review and make recommendations to the commission concerning the practices of the division as they directly affect clients welfare.
Sec. 7. NRS 433.005 is hereby amended to read as follows:
433.005 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 433.014 to 433.224, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Secs. 8-14. (Deleted by amendment.)
Sec. 15. NRS 433.244 is hereby amended to read as follows:
433.244 1. The administrator must:
(a) Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
(b) Be appointed , from a list of three persons nominated by the commission, on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
(c) Have additional qualifications which are in accordance with criteria prescribed by the department of personnel.
2. The administrator is in the unclassified service of the state.
Sec. 16. NRS 433.254 is hereby amended to read as follows:
433.254 1. The administrator serves at the pleasure of the governor and shall:
(a) Serve as the executive officer of the division;
(b) Administer the division in accordance with the policies established by the commission;
(c) Make an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe; and
[(c)] (d) Employ within the limits of available money, the assistants and employees necessary to the efficient operation of the division.
2. The administrator shall appoint the administrative personnel necessary to operate the [state mental hygiene and mental retardation programs,] programs of the division, including an associate administrator for mental retardation. The commission must approve the credentials, training and experience of deputy administrators, heads of enumerated institutions, and persons appointed pursuant to section 6 of this act. He shall delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of [division facilities.] the facilities of the division.
3. If the administrator finds that it is necessary or desirable that any employee reside at a [division] facility operated by the division or receive meals at [a division] such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the governor.
4. The administrator may accept persons referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
κ1985 Statutes of Nevada, Page 2265 (CHAPTER 672, AB 400)κ
treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
Secs. 17-19. (Deleted by amendment.)
Sec. 20. NRS 433.314 is hereby amended to read as follows:
433.314 [1. The division is designated as the official state agency responsible for developing and administering mental hygiene and mental retardation services, subject to administrative supervision by the director of the department.
2. The function of the division is to promote and coordinate training, treatment, research, education and development of programs relating to mental hygiene and mental retardation.
3. The division shall also perform other functions as specifically mentioned in this Title and such other acts as are necessary to promote mental health in the state.] The commission shall:
1. Establish policies to ensure adequate development and administration of services for the mentally ill and mentally retarded, including services to prevent mental illness and mental retardation and services provided without admission to a facility or institution;
2. Set policies for the care and treatment of mentally ill and mentally retarded persons provided by all state agencies;
3. Review the programs and finances of the division; and
4. Report at the beginning of each year to the governor and at the beginning of each odd-numbered year to the legislature on the quality of the care and treatment provided for mentally ill and mentally retarded persons in this state and on any progress made toward improving the quality of that care and treatment.
Sec. 21. NRS 433.324 is hereby amended to read as follows:
433.324 [The division shall adopt such regulations as are necessary for carrying out the provisions of this Title.]
1. The commission shall adopt regulations:
(a) For the care and treatment of mentally ill and mentally retarded persons by all state agencies and facilities, and their referral to private facilities;
(b) To ensure continuity in the care and treatment provided to mentally ill and mentally retarded persons in this state; and
(c) Necessary for the proper and efficient operation of the facilities of the division.
2. The commission may adopt regulations to promote programs relating to mental health and mental retardation.
Secs. 22-25. (Deleted by amendment.)
Sec. 26. NRS 433.404 is hereby amended to read as follows:
433.404 1. The division shall establish a fee schedule for services rendered through any [state-supported] program supported by the state pursuant to the provisions of this Title. The schedule [shall] must be submitted to the [board] commission and the director of the department for joint approval prior to enforcement. The fees collected by [division] facilities operated by the division pursuant to [the schedule shall] this schedule must be deposited in the state treasury to the credit of the general fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to mentally retarded clients.
κ1985 Statutes of Nevada, Page 2266 (CHAPTER 672, AB 400)κ
schedule must be deposited in the state treasury to the credit of the general fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to mentally retarded clients.
2. [In the case of state-supported mental health centers, the fee schedule described in subsection 1 shall be established as provided in chapter 433A of NRS.] For a facility providing services for the treatment of the mentally ill or mentally retarded, the fee established must approximate the cost of providing the service, but if a client is unable to pay in full the fee established pursuant to this section, the division may collect any amount the client is able to pay.
Secs. 27 and 28. (Deleted by amendment.)
Sec. 29. NRS 433.482 is hereby amended to read as follows:
433.482 Each client admitted for evaluation, treatment or training to a [division] facility operated by the division has the following personal rights, a list of which must be prominently posted in all facilities providing such services and must be otherwise brought to the attention of the client by such additional means as [the administrator may designate] prescribed by regulation:
1. To wear his own clothing, to keep and use his own personal possessions, including his toilet articles, unless those articles may be used to endanger his or others lives, and to keep and be allowed to spend a reasonable sum of his own money for expenses and small purchases.
2. To have access to individual [storage] space for storage for his private use.
3. To see visitors each day.
4. To have reasonable access to telephones, both to make and receive confidential calls.
5. To have ready access to [letter-writing materials,] materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:
(a) For the purposes of this subsection, packages are not considered as correspondence; and
(b) Correspondence identified as containing a check payable to a client may be subject to control and safekeeping by the administrative officer of [the division] that facility or his designee, so long as the clients [treatment record] record of treatment documents the action.
6. Other personal rights as specified by regulation of the [division.] commission.
Sec. 30. NRS 433.484 is hereby amended to read as follows:
433.484 Each client admitted for evaluation, treatment or training to a [division] facility operated by the division has the following rights, concerning care, treatment and training, a list of which must be prominently posted in all facilities providing such services and must be otherwise brought to the attention of the client by such additional means as [the administrator may designate] prescribed by regulation:
1. To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability.
κ1985 Statutes of Nevada, Page 2267 (CHAPTER 672, AB 400)κ
for physical and mental ailments and for the prevention of any illness or disability. All such care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:
(a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:
(1) The client if he is 18 years of age or over or legally emancipated and competent to give such consent, and from his legal guardian, if any;
(2) The parent or guardian of a client under 18 years of age and not legally emancipated; or
(3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;
(b) An informed consent requires that the person whose consent is sought be adequately informed as to:
(1) The nature and consequences of the procedure;
(2) The reasonable risks, benefits and purposes of the procedure; and
(3) Alternative procedures available;
(c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;
(d) [The] Even in the absence of express and informed consent , [notwithstanding,] a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the clients [treatment record, but] record of treatment, subject to the provisions of paragraph (e);
(e) If the proposed emergency medical care or treatment is deemed by the medical director to be unusual, experimental or generally occurring infrequently in routine medical practice, the medical director shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment;
2. To be free from the application of any mechanical restraint, except [that the use of such a restraint may be] if prescribed by a physician. [When] If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the clients [treatment record;] record of treatment;
3. To consent to his transfer from one facility to another, except that the administrator of [the] either division or his designee may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the clients [treatment] record of treatment and [forthwith] immediately forward a notice of the objection to the administrator, and the [board] commission shall review the transfer pursuant to [subsections 2 and] subsection 3 of NRS 433.534; and
κ1985 Statutes of Nevada, Page 2268 (CHAPTER 672, AB 400)κ
[forthwith] immediately forward a notice of the objection to the administrator, and the [board] commission shall review the transfer pursuant to [subsections 2 and] subsection 3 of NRS 433.534; and
4. Other rights concerning care, treatment and training as may be specified by regulation of the [division.] commission.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 433.534 is hereby amended to read as follows:
433.534 1. The rights of a client enumerated in this chapter must not be denied except to protect the clients health and safety or to protect the health and safety of others, or both. Any denial of those rights must be entered in the clients [treatment record,] record of treatment, and notice of the denial must be forwarded to the administrative officer. Failure to report denial of rights by an employee may be grounds for dismissal.
2. Upon receipt of notice of a denial of rights as provided in subsection 1, the administrative officer shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the administrator and the [board.] commission.
3. The [board:] commission:
(a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;
(b) May act to resolve disputes relating to apparent violations;
(c) May act on behalf of clients to obtain remedies for any apparent violations; and
(d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.
Secs. 33-36. (Deleted by amendment.)
Sec. 37. Chapter 433 A of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 433A.150 to 433A.330, inclusive, unless the context otherwise requires, Mentally ill person means any person who has demonstrated observable behavior the consequence of which presents a clear and present danger to himself or others, or presents observable behavior that he is so gravely disabled by mental illness that he is unable to maintain himself in his normal situation in life without external support.
Sec. 38. (Deleted by amendment.)
Sec. 39. NRS 433A.020 is hereby amended to read as follows:
433A.020 The administrative [officers] officer of a facility of the division must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the [professional ] fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons.
κ1985 Statutes of Nevada, Page 2269 (CHAPTER 672, AB 400)κ
3. Have additional qualifications which are in accordance with criteria prescribed by the department of personnel.
[4. Be in the classified service of the state.]
Sec. 40. (Deleted by amendment.)
Sec. 41. NRS 433A.150 is hereby amended to read as follows:
433A.150 1. Any mentally ill person [as defined in subsection 2 of NRS 433.194] may be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment subject to subsection 2.
2. No person admitted to a mental health facility or hospital under subsection 1 may be detained for a period in excess of 2 working days from the time of his admission unless within [such] that period a written petition has been filed with the clerk of the district court for an order of the court authorizing the continued hospitalization of [such] that person for emergency observation and diagnosis for not more than 7 days from the date of the order.
Sec. 42. NRS 433A.160 is hereby amended to read as follows:
433A.160 1. Application for an emergency admission of an allegedly mentally ill person for evaluation and observation may only by made by [a duly] an accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, social worker or registered nurse. The agent, officer, physician, psychologist, social worker or registered nurse may take an allegedly mentally ill person into custody without a warrant [for the purpose of making an application] to apply for emergency admission for evaluation, observation and treatment under NRS 433A.150 and may transport the person or arrange the transportation for him with a local law enforcement agency to a public or private mental health facility for [the purposes of making the application.] that purpose.
2. The application must reveal the circumstances under which the person was taken into custody and the reasons therefor.
3. For the purposes of subsection 1, [duly] an accredited agent of the department means any person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
4. Any person who has reason to believe that another person is mentally ill [and because of such illness is likely to harm himself or others if he is not immediately detained or that the person is gravely disabled by mental illness,] may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that as a result of mental illness the person is likely to harm himself or others or is gravely disabled : [as defined in subsection 2 of NRS 433.194:]
(a) Issue an order to any peace officer for the immediate apprehension of the person and his transportation to a public or private mental health facility; and
κ1985 Statutes of Nevada, Page 2270 (CHAPTER 672, AB 400)κ
(b) Make application for the admission of the person under the emergency admission provisions of NRS 433A.150.
Sec. 43. NRS 433A.170 is hereby amended to read as follows:
433A.170 The administrative officer of a [division] facility operated by the division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.150 and 433A.160 unless [such] that application is accompanied by a certificate of a psychiatrist, certified psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others or is gravely disabled . [as defined in subsection 2 of NRS 433.194. Such] This certificate may be obtained from a psychiatrist, certified psychologist, or physician who is employed by the public or private mental health facility to which [such] the application is made.
Sec. 44. NRS 433A.200 is hereby amended to read as follows:
433A.200 A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by [a duly] an accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:
1. By a certificate of a physician or certified psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or that he is gravely disabled ; [, as provided in subsection 2 of NRS 433.194;] or
2. By a sworn written statement by the petitioner that:
(a) The petitioner has probable cause to believe that the person is mentally ill and, because of such illness is likely to harm himself or others, or is gravely disabled ; [, as defined in subsection 2 of NRS 433.194;] and
(b) That the person has refused to submit to examination or treatment by a physician, psychiatrist or certified psychologist.
Sec. 45. NRS 433A.210 is hereby amended to read as follows:
433A.210 A petition filed with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.150 [shall] must include:
1. A certified copy of the application made pursuant to NRS 433A.160 with respect to the person detained; and
2. A petition executed by a psychiatrist, certified psychologist, or physician certifying that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or is gravely disabled . [as defined in subsection 2 of NRS 433.194.]
κ1985 Statutes of Nevada, Page 2271 (CHAPTER 672, AB 400)κ
Sec. 45.5. NRS 433A.420 is hereby amended to read as follows:
433A.420 The medical director of a division facility may order the transfer to a United States Veterans Administration hospital or other facility of the United States Government any admitted client eligible for treatment therein. If the client in any manner objects to the transfer, the medical director of the facility must enter the objection and a written justification of the transfer in the clients record and forthwith forward a notice of the objection to the administrator, and the [board] commission shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534.
Sec. 46. NRS 433A.500 is hereby amended to read as follows:
433A.500 As used in NRS 433A.510 to 433A.570, inclusive:
1. [Treatment means treatment] An emotionally disturbed child is any child who has attained the age of 2 years but has not attained the age of 18 years, whose progressive development of personality is interfered with or arrested by mental disorder so that he shows impairment in the capacity expected of him for his age and endowment for:
(a) A reasonably accurate perception of the world around him;
(b) Control of his impulses;
(c) Satisfying and satisfactory relationships with others;
(d) Learning; or
(e) Any combination of these factors.
2. The treatment provided an emotionally disturbed child must be designed to facilitate the adjustment and effective functioning of [an emotionally disturbed] that child in his present or anticipated [life situation,] situation in life, and includes [but need not be limited to:
(a) Outpatient services] :
(a) Services provided without admission to a facility, such as:
(1) [Family counseling;
(2) Group therapy] Counseling for the family;
(2) Therapy in a group for parents, adolescents and children;
(3) Classes for parents in effective [child management techniques;] techniques for the management of children;
(4) Individual therapy for children; and
(5) Evaluation [services,] of the child, including personal assessments and studies of individual social environments [.
(b) Day care services, involving half-day or after-school] ;
(b) Services for the care of children during the day, involving educational programs and [individual or group] therapy programs [.] provided after school or for half a day;
(c) In cooperation with the welfare division of the department, placement in transitional homes operated by professionally trained parents working in close consultation with the administrative officer and his staff [.] ; and
(d) Short-term residential services providing 24-hour supervision, evaluation and planning and intensive [family counseling, individual and group] counseling for the family, therapy and educational evaluation and consultation.
κ1985 Statutes of Nevada, Page 2272 (CHAPTER 672, AB 400)κ
and group] counseling for the family, therapy and educational evaluation and consultation.
[2. Treatment facility means any division facility authorized by subsection 2 of NRS 433A.510 to provide treatment for emotionally disturbed children.]
Sec. 47. NRS 433A.600 is hereby amended to read as follows:
433A.600 1. Every person who is admitted to a [hospital] facility operated by the division and not determined to be indigent and every responsible relative of a person admitted shall be charged for the cost of treatment and is liable for [such] that cost. If after demand is made for payment the person or his responsible relative fails to pay [such] that cost, the administrative officer may recover the amount due by civil action.
2. All sums received by the administrative officer of a [division] facility operated by the division pursuant to subsection 1 [shall] must be deposited in the state treasury and may be expended by the division for the support of [the division] that facility in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 48. NRS 435.240 is hereby amended to read as follows:
435.240 1. All applications for a certificate of qualification which have been approved by the administrator must be reviewed by the [board] commission for approval or rejection.
2. If an application is rejected by the administrator, he shall notify the applicant in writing of the rejection, setting out the reasons therefor.
3. Within 30 days after the administrator mails the notice of rejection of the application, the applicant may appeal the rejection to the [board. The board] commission. The commission shall review the application and the reasons for its denial and may receive evidence, documentary or [testimony,] testimonial, to aid it in its decision. Thereafter, the [board] commission shall issue its decision rejecting the application or remanding the application to the administrator for approval. The decision of the [board] commission is final.
4. No new applicants may be certified if the certification brings the average support per enrollee below the amount specified in the budget for the community training center account as approved by the most recent session of the legislature for those centers that are already certified.
Sec. 49. NRS 435.250 is hereby amended to read as follows:
435.250 1. After approval of the application, the division shall issue a certificate of qualification to centers which meet the requirements of NRS 435.130 to 435.320, inclusive, and the standards set by the division.
2. The division may revoke the certificate of qualification of a center at any time when it fails to meet the requirements of NRS 435.130 to 435.320, inclusive, or the standards set by the division.
3. [Any] An appeal may be taken from any such revocation [may be appealed] in the same manner as appeals are taken from a rejection of an application under NRS 435.240.
κ1985 Statutes of Nevada, Page 2273 (CHAPTER 672, AB 400)κ
an application under NRS 435.240. The decision of the [advisory board] commission is final as to such appeals.
Sec. 50. NRS 435.260 is hereby amended to read as follows:
435.260 Money for the purpose of aiding training centers in the community which have received certificates of qualification from the division must be provided by legislative appropriation. The division is authorized to make grants from the appropriation to aid qualifying centers if the [advisory board] commission also approves the grants.
Sec. 51. NRS 435.290 is hereby amended to read as follows:
435.290 1. A center holding a certificate of qualification from the division is entitled to aid from the community training center account in the amount, within the limits of legislative appropriations, specified in the budget for the community training center account as approved by the most recent session of the legislature:
(a) Per enrollee;
(b) For centers entitled to the minimal allotment, if the center maintains five or more enrollees and its staff and operative expenses are equal to or greater than the amount allocated; or
(c) For centers entitled to the minimal allotment on a pro rata basis per enrollee, if the center maintains four or [less] fewer enrollees and its staff and operating expenses are equal to or greater than the amount allocated,
whichever is greater.
2. The division, upon approval of the [board,] commission, may grant aid from the community training center account to help in establishing new centers. This aid in the aggregate must not exceed one-fourth of the money available in the account for the year in which it is given.
3. After providing for the allocations authorized in subsections 1 and 2, the division shall allocate any other money available in the account to the qualified centers according to the programs offered by each center and the number of enrollees in each program. The division shall determine the relative weight to be given to these factors.
Sec. 52. NRS 435.350 is hereby amended to read as follows:
435.350 1. Each mentally retarded person admitted to a division facility is entitled to all rights enumerated in NRS 433.482 and 433.484.
2. The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons. The person designated shall file the regulations with the administrator.
3. Clients rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the clients treatment record, and notice of such denial must be forwarded to the administrators designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.
4. Upon receipt of notice of a denial of rights as provided in subsection 3, the administrators designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding such denial.
κ1985 Statutes of Nevada, Page 2274 (CHAPTER 672, AB 400)κ
report to be prepared which sets forth in detail the factual circumstances surrounding such denial. A copy of the report must be sent to the administrator and the [board.] commission.
5. The [board] commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.
Secs. 53-76. (Deleted by amendment.)
Sec. 77. NRS 436.125 is hereby amended to read as follows:
436.125 The division shall , subject to the supervision of the commission, administer this chapter . [and] The commission shall adopt guidelines for county [community mental health] programs and [rules and] regulations necessary thereto, but [such standards, rules] these standards and regulations [shall] must be adopted only after consultation with and approval of the [divisions board and the] county director of each [county] program being so administered. [Such standards, rules] These standards and regulations [shall be intended to] must support and maximize local responsibility for and control of county programs within the framework of general [state guidelines. The division shall be subject to administrative supervision of the director of the department.] guidelines.
Sec. 78. NRS 160.160 is hereby amended to read as follows:
160.160 1. In any proceeding under the laws of this state for involuntary court-ordered admission of a person alleged to be mentally ill [as defined in subsection 2 of NRS 433.194,] or otherwise in need of confinement in a hospital or other institution for his care, the court may order the admission of [such] that person to the Veterans Administration or other agency of the [United States] Federal Government, whenever:
(a) It is determined, after such adjudication of the status of [such] that person as may be required by chapter 433A of NRS, that involuntary court-ordered admission to a hospital for mental disease or other institution is necessary for safekeeping or treatment; and
(b) It appears that [such person] he is eligible for care or treatment by the Veterans Administration or [such] any other agency [showing that facilities are] that has facilities available and that [such person] he is eligible for care or treatment therein.
2. The person whose involuntary court-ordered admission is sought [shall] must be personally served with notice of the pending proceeding in the manner provided by chapter 433A of NRS. Nothing in this chapter [shall affect such] affects that persons right to appear and be heard in the proceedings.
Sec. 79. NRS 175.521 is hereby amended to read as follows:
175.521 1. Where on a trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury has the same effect as if he were regularly adjudged insane, and the judge shall forthwith order that the defendant be committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources until he is regularly discharged therefrom in accordance with law.
κ1985 Statutes of Nevada, Page 2275 (CHAPTER 672, AB 400)κ
the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources until he is regularly discharged therefrom in accordance with law.
2. The administrator shall make the same reports and the court shall proceed in the same manner in the case of a person committed pursuant to this section as of a person committed because he is incompetent to stand trial pursuant to NRS 178.400 to 178.465, inclusive, except that the determination to be made by the administrator, the sanity commission and the district judge on the question of release is whether the person has recovered from his mental illness or has improved to such an extent that he no longer qualifies as a mentally ill person for purposes of involuntary court-ordered admission to a mental health facility . [, as defined in subsection 2 of NRS 433.194.]
Secs. 80-93. (Deleted by amendment.)
Sec. 94. NRS 217.450 is hereby amended to read as follows:
217.450 1. The [mental hygiene and mental retardation advisory board] commission on mental health and mental retardation shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.
2. The administrator of the division shall give priority to those applications from organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing such an application.
4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A base allocation of $5,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the base allocation is $25,000.
(b) Any additional revenues available in the account must be allocated to grants, on a per capita basis, for all counties whose population exceeds 14,000.
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 95. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 96 and 97 of this act.
Sec. 96. 1. There is hereby created in the department a commission on mental health and mental retardation consisting of seven members appointed by the governor, at least three of whom have training or experience in dealing with mental retardation.
2. The governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this state, from a list of three candidates submitted by the Nevada Psychiatric Association;
κ1985 Statutes of Nevada, Page 2276 (CHAPTER 672, AB 400)κ
(b) A psychologist certified to practice in this state and experienced in clinical practice, from a list of four candidates two of whom are submitted by the Northern Nevada Association for Certified Psychologists and two of whom are submitted by the Southern Society for Certified Psychologists;
(c) A physician, other than a psychiatrist, licensed to practice medicine in this state and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;
(d) A social worker who has a masters degree and has experience in dealing with mental illness or mental retardation, or both;
(e) A registered nurse licensed to practice in this state who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses Association;
(f) A representative of the general public who has a special interest in the field of mental health; and
(g) A representative of the general public who has a special interest in the field of mental retardation.
3. The governor shall appoint the chairman of the commission from among its members.
4. After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a members term, the governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 97. 1. The commission shall meet at the call of the chairman at least 6 times but not more than 12 times a year. A meeting may last for more than 1 day. A majority of the members of the commission constitutes a quorum and is required to transact any business of the commission.
2. Each member of the commission is entitled to receive a salary of $60 for each day he is engaged in the business of the commission and the per diem allowance and travel expenses as provided for state officers and employees.
3. A person is ineligible for appointment to or continued service on the commission if he or his spouse owns an interest in or is employed by any enterprise or organization, whether or not conducted for profit, which derives 25 percent or more of its gross revenues from the division.
Sec. 98. (Deleted by amendment.)
Sec. 99. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.500, inclusive, and sections 96 and 97 of this act, unless the context requires otherwise:
1. Department means the department of human resources.
2. Director means the director of the department of human resources.
Sec. 100. (Deleted by amendment.)
κ1985 Statutes of Nevada, Page 2277 (CHAPTER 672, AB 400)κ
Sec. 101. NRS 232.320 is hereby amended to read as follows:
232.320 1. The director:
[1.] (a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
[(a)] (1) The administrator of the aging services division;
[(b)] (2) The administrator of the health division;
[(c) The administrator of the mental hygiene and mental retardation division;
(d)] (3) The administrator of the rehabilitation division;
[(e)] (4) The state welfare administrator; and
[(f)] (5) The administrator of the youth services division.
[2. Is responsible for the administration,]
(b) Shall administer, 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.] (c) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Secs. 102-104. (Deleted by amendment.)
Sec. 105. NRS 433.001, 433.034, 433.056, 433.104, 433.194, 433.204, 433.284, 433.294, 433.304 and 433.474 are hereby repealed.
Sec. 106. The governor shall appoint the members of the commission on mental health and mental retardation to initial terms as follows:
1. Two members to terms of 4 years.
2. Two members to terms of 3 years.
3. Two members to terms of 4 years.
4. One member to a term of 1 year.
Sec. 107. 1. There is hereby appropriated from the state general fund to the commission on mental health and retardation for salary and travel expenses:
For the fiscal year 1985-86............................................................................... $13,500
For the fiscal year 1986-87................................................................................. 13,500
2. Any remaining balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 108. Section 44 of the act becomes effective at 12:01 a.m. on July 1, 1985.
Sec. 109. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act:
κ1985 Statutes of Nevada, Page 2278 (CHAPTER 672, AB 400)κ
1. Appropriately correct any reference to a body whose designation is changed or to a power or duty which is reassigned by this act.
2. If an internal reference is made to a section amended or repealed by this act, delete or correct the reference or correct it by reference to the superseding section, if any.
________
Senate Bill No. 438Committee on Judiciary
CHAPTER 673
AN ACT relating to time shares; authorizing the real estate administrator to issue temporary sales agents licenses; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator, for good cause shown, may issue a temporary sales agents license to an applicant for a sales agents license. The temporary license is valid for 60 days after its issuance and may be renewed once for good cause shown for an additional 60 days. The date of expiration of a temporary license must appear on the license.
2. At any time after a temporary license has been issued the administrator may:
(a) Revoke the temporary license if the holder does not qualify for a license pursuant to NRS 119A.210 or for any reason for which revocation of a license is otherwise allowed; or
(b) Issue a license pursuant to NRS 119A.210.
Sec. 2. NRS 119A.210 is hereby amended to read as follows:
119A.210 1. [The] Except as provided in section 1 of this act, the administrator shall issue a sales agents license to each applicant who submits an application to the division, in the manner provided by the division, which includes:
(a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:
(1) Ethics.
(2) The applicable laws and regulations relating to time shares.
(3) Principles and practices of selling time shares.
(b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.
(c) A designation of the developer for whom he proposes to sell time shares.
(d) Any further information required by the division, including the submission by the applicant to any investigation by the police or the division.
κ1985 Statutes of Nevada, Page 2279 (CHAPTER 673, SB 438)κ
submission by the applicant to any investigation by the police or the division.
2. In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass [successfully] an examination which may be adopted by the division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.
3. The application must be accompanied by a fee of $75. This fee must be used by the division to pay the costs of investigating, acting upon and reviewing applications for sales agents licenses.
4. A person who is licensed as a salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.
5. Upon the issuance of a license pursuant to this section to an applicant, the applicant must pay a fee of $100.
6. Each sales agents license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee must pay a renewal fee of $100.
7. The administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.
Sec. 3. NRS 119A.210 is hereby amended to read as follows:
119A.210 1. [Except as provided in section 1 of this act, the] The administrator shall issue a sales agents license to each applicant who submits an application to the division, in the manner provided by the division, which includes:
(a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:
(1) Ethics.
(2) The applicable laws and regulations relating to time shares.
(3) Principles and practices of selling time shares.
(b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.
(c) A designation of the developer for whom he proposes to sell time shares.
(d) Any further information required by the division, including the submission by the applicant to any investigation by the police or the division.
2. In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass an examination which may be adopted by the division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.
3. The application must be accompanied by a fee of $75. This fee must be used by the division to pay the costs of investigating, acting upon and reviewing applications for sales agents licenses.
4. A person who is licensed as a salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.
κ1985 Statutes of Nevada, Page 2280 (CHAPTER 673, SB 438)κ
of NRS is not required to obtain a license pursuant to the provisions of this section.
5. Upon the issuance of a license [pursuant to this section] to an applicant, the applicant must pay a fee of $100.
6. Each sales agents license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee must pay a renewal fee of $100.
7. The administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.
Sec. 4. NRS 119A.680 is hereby amended to read as follows:
119A.680 1. It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:
(a) Project broker or sales agent within the State of Nevada without first obtaining a license from the division pursuant to chapter 645 of NRS , [or] NRS 119A.210 [.] or section 1 of this act.
(b) Representative within the State of Nevada without first registering with the division.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
Sec. 5. NRS 119A.680 is hereby amended to read as follows:
119A.680 1. It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:
(a) Project broker or sales agent within the State of Nevada without first obtaining a license from the division pursuant to chapter 645 of NRS [,] or NRS 119A.210 . [or section 1 of this act.]
(b) Representative within the State of Nevada without first registering with the division.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
Sec. 6. 1. Section 1 of this act expires by limitation on July 1, 1987.
2. Sections 2 and 4 of this act become effective at 12:01 a.m. on July 1, 1985.
3. Sections 3 and 5 of this act become effective on July 1, 1987.
________
κ1985 Statutes of Nevada, Page 2281κ
Assembly Bill No. 627Committee on Taxation
CHAPTER 674
AN ACT relating to the supplemental city-county relief tax; changing the requirements for distribution of the money in the reserve fund; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.5988 is hereby amended to read as follows:
354.5988 1. If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. There must also be deposited in this fund any proceeds of that tax which become available when for any local government the supplemental city-county relief tax otherwise distributable to it exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.
2. The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the sum of the money in the fund at the beginning of any fiscal year and any money which will accrue to the fund from revenues of the preceding fiscal year exceeds [10 percent of the actual revenues from the supplemental city-county relief tax in the preceding fiscal year,] $10,000,000, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year [.] , except that the distribution to each local government must be so limited that it does not receive from this distribution, from distributions pursuant to NRS 377.057 and from taxes ad valorem a total amount greater than its maximum allowable combined revenue. This distribution must be included in the executive directors estimate of money to be received by each local government from the supplemental city-county relief tax.
3. The [Nevada tax commission] interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created [.] , but:
(a) Until the balance in the fund reaches $7,500,000 no such distribution may be made; and
κ1985 Statutes of Nevada, Page 2282 (CHAPTER 674, AB 627)κ
(b) The next $2,500,000 transferred into the fund is available for distribution pursuant to this subsection.
In making such a determination, the [tax commission] committee shall consider the recommendation of the executive director of the department of taxation. The executive director and the [tax commission] committee shall consider, without limitation, the effect of a sudden and unusual [change] decrease in population served, [the construction of major public works and facilities, a significant decrease in one or more revenues from sources other than property taxes, excessive increases in the unit cost of providing services, whether present or probable, and events of an uncommon nature, such as judgments and other uninsured losses or] a decrease in total revenue of at least 5 percent, and natural disasters. The [tax commission] committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution. The total amount which may be distributed pursuant to this subsection must not exceed 25 percent of the amount in the fund at the beginning of that fiscal year.
Sec. 2. NRS 354.5988 is hereby amended to read as follows:
354.5988 1. If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. There must also be deposited in this fund any proceeds of that tax which become available when for any local government the supplemental city-county relief tax otherwise distributable to it exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.
2. The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the sum of the money in the fund at the beginning of any fiscal year and any money which will accrue to the fund from revenues of the preceding fiscal year exceeds [$10,000,000,] $12,500,000 this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year, except that the distribution to each local government must be so limited that it does not receive from this distribution, from distributions pursuant to NRS 377.057 and from taxes ad valorem a total amount greater than its maximum allowable combined revenue. This distribution must be included in the executive directors estimate of money to be received by each local government from the supplemental city-county relief tax.
3. The interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created, but:
κ1985 Statutes of Nevada, Page 2283 (CHAPTER 674, AB 627)κ
make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created, but:
(a) Until the balance in the fund reaches [$7,500,000] $10,000,000 no such distribution may be made; and
(b) The next $2,500,000 transferred into the fund is available for distribution pursuant to this subsection.
In making such a determination, the committee shall consider the recommendation of the executive director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual decrease in population served, a decrease in total revenue of at least 5 percent, and natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution. The total amount which may be distributed pursuant to this subsection must not exceed 25 percent of the amount in the fund at the beginning of that fiscal year.
Sec. 3. 1. This section and section 1 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective on July 1, 1987.
________
Senate Bill No. 383Senators Wagner, Foley, Wilson, Bilbray, Rawson, Ryan and Hickey
CHAPTER 675
AN ACT relating to domestic violence; extending the jurisdiction to issue orders for protection against such violence; providing for temporary or extended orders; providing for the recognition of a foreign order; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act and NRS 33.020, unless the context otherwise requires:
1. Extended order means an extended order for protection against domestic violence.
2. Temporary order means a temporary order for protection against domestic violence.
Sec. 3. Domestic violence occurs when a person commits one of the following against or upon another to whom he is related by blood or marriage, with whom he is or was actually residing or with whom he has a child in common, or of his minor child or a minor child of that person, or commits one of the following acts upon that person, his minor child or a minor child of that person:
κ1985 Statutes of Nevada, Page 2284 (CHAPTER 675, SB 383)κ
has a child in common, or of his minor child or a minor child of that person, or commits one of the following acts upon that person, his minor child or a minor child of that person:
1. A battery.
2. An assault.
3. Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
4. A sexual assault.
5. A knowing, purposeful or reckless course of conduct to harass the other.
6. A false imprisonment.
7. Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
Sec. 4. 1. The payment of all costs and official fees must be deferred for any applicant for a temporary or extended order. After any hearing and no later than final disposition of the application or order, the court shall assess the costs and fees against a party, apportion them between the parties, reduce them or waive them, as justice may require.
2. The clerk of the court shall provide each party, fee of cost, with information about the:
(a) Availability of temporary and extended orders;
(b) Procedure for filing an application for an order; and
(c) Right to proceed without legal counsel.
3. The clerk of the court or other person designated by the court shall assist any party in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for a temporary or extended order. This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.
Sec. 5. 1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;
(b) Exclude the adverse party from the applicants place of residence;
(c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order him to stay away from any specified place frequented regularly by them;
(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; and
(e) Order such other relief as it deems necessary in an emergency situation.
2. The court by an extended order may grant any relief enumerated in paragraphs (a) to (e), inclusive, of subsection 1 and:
(a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;
κ1985 Statutes of Nevada, Page 2285 (CHAPTER 675, SB 383)κ
(b) Order the adverse party to:
(1) Avoid or limit communication with the applicant or minor child;
(2) Pay rent or make payments on a mortgage on the applicants place of residence or pay for the support of the applicant or minor child if he is found to have a duty to support the applicant or minor child; and
(3) Pay all costs and fees incurred by the applicant in bringing the action.
3. If an extended order is issued by a justices court, an interlocutory appeal lies to the district court, which may affirm, modify or vacant the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.
Sec. 6. 1. A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than 1 year.
Sec. 7. 1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the local law enforcement agency which has jurisdiction over the residence of the applicant or the minor child.
2. The court may order the appropriate law enforcement agency to serve the adverse party personally with the temporary order if it finds that such service is necessary to avoid any act of violence and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party pursuant to the Nevada Rules of Civil Procedure.
3. The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.
Sec. 8. 1. Every temporary or extended order must include a provision ordering any law enforcement officer who witnesses a violation of any provision of the order to arrest the adverse party.
2. If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, he shall:
(a) Inform the adverse party of the specific terms of the order; and
(b) Inform the adverse party that he now has notice of the provisions of the order and that a violation of the order will result in his arrest.
Information concerning the date and time of the notice and the name and identifying number of the officer who gives the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
κ1985 Statutes of Nevada, Page 2286 (CHAPTER 675, SB 383)κ
and identifying number of the officer who gives the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
Sec. 9. Upon application by the protected party, a court of competent jurisdiction in this state shall accept an order for protection against domestic violence issued by a court of another state as evidence of the facts on which it is based and shall issue its own temporary or extended order as those facts may warrant.
Sec. 10. 1. A temporary or extended order may be granted under NRS 33.020 without regard to whether an action for divorce, annulment of marriage or separate maintenance has been filed respecting the applicant and the adverse party.
2. A temporary or extended order is in addition to and not in lieu of any other available civil or criminal action. An applicant is not barred from seeking an order because of other pending proceedings.
3. An applicant for a temporary or extended order may be consolidated with another civil action if it would prevent an act of domestic violence.
Sec. 11. Any person who violates a temporary or extended order is guilty of a misdemeanor.
Sec. 12. NRS 33.020 is hereby amended to read as follows:
33.020 1. [A temporary restraining order may be granted, with or without notice to the adverse party, if] If it appears to the satisfaction of the court from specific facts shown by [affidavit that the applicant is related to the adverse party by blood or marriage, or is or was actually residing with him, and:
(a) The adverse party has committed an act of violence resulting in actual physical injury upon:
(1) The applicant; or
(2) A minor child of one of the parties; or
(b) There exists the threat of imminent physical injury to the applicant or minor child if the adverse party is not restrained.
2. The affidavit must:
(a) State the length of time the applicant and the adverse party have actually resided together or the length of time since they last actually resided together;
(b) Describe the nature of the relationship between the applicant and the adverse party; and
(c) Describe any property interest the adverse party may have in the applicants place of residence, if the applicant seeks his removal from that place.
3.] a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before it before determining whether [or not] to grant the temporary [restraining order.
κ1985 Statutes of Nevada, Page 2287 (CHAPTER 675, SB 383)κ
4. The court by the temporary restraining order may:
(a) Enjoin the adverse party from threatening or physically injuring the applicant or minor child.
(b) Exclude the adverse party from the applicants place of residence for a period not to exceed 30 days where this exclusion is necessary to the physical well-being of the applicant or minor child.
5. A temporary restraining order which is granted with notice to the adverse party expires within such time, not to exceed 30 days, as the court fixes. If the order is granted without that notice, it expires within 15 days after it is issued, unless within that time, for good cause shown, the order is extended for a like period or unless the adverse party consents that it may be extended for a longer period.
6. On 2 days notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
7. The court shall transmit a copy of the temporary restraining order to the local law enforcement agency which has jurisdiction over the residence of the applicant or the minor child.
8. A temporary restraining order may be granted under this section without regard to whether an action for divorce, annulment of marriage or separate maintenance has been filed respecting the applicant and the adverse party.
9. Any person who violates a temporary restraining order granted under this section is guilty of a misdemeanor.] or extended order.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.
4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
Sec. 13. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $1,250.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $1,250.
(c) Except as provided in paragraph (k) in actions for a fine, penalty or forfeiture not exceeding $1,250, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
κ1985 Statutes of Nevada, Page 2288 (CHAPTER 675, SB 383)κ
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $1,250, though the penalty may exceed that sum.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $1,250.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $1,250.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed $1,250.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $1,250.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $1,250.
(k) In actions for a fine imposed for a violation of NRS 484.757.
(l) To issue a temporary or extended order for protection against domestic violence.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as provided by specific statute.
4. Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
________
κ1985 Statutes of Nevada, Page 2289κ
Senate Bill No. 312Senators Rhoads, Glover, Jacobsen, Rawson and Redelsperger
CHAPTER 676
AN ACT relating to energy; narrowing the application of the provision limiting the installation of systems which use electric resistance for heating spaces in new buildings; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 523.167 is hereby amended to read as follows:
523.167 1. [The offices standards for conservation of energy which govern the construction of buildings must include, for construction commencing] In a county whose population is 100,000 or more, a building whose construction began on or after October 1, 1983, [a prohibition against the installation of systems] must not contain a system using electric resistance for heating spaces [in the buildings except where:
(a) A system of heating spaces by electric resistance] unless:
(a) The system is merely supplementary to another means of heating;
(b) Under the particular circumstances no other primary means of heating the spaces is a feasible or economical alternative to heating by electric resistance; or
(c) The office determines that the present or future availability of other sources of energy is so limited as to justify the use of such a system.
2. [The offices standards must] This section does not prohibit the use of incandescent or fluorescent lighting.
________
Assembly Bill No. 533Committee on Health and Welfare
CHAPTER 677
AN ACT relating to disabled persons; requiring the department of human resources to provide to certain disabled persons essential personal care to enable them to live independently; requiring the department to withdraw certain available federal money; making an appropriation; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 615 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The department shall, through its divisions, establish a program to provide financial assistance to physically disabled persons for such essential personal care as is necessary to enable them to live in a noninstitutional or unsupervised residential setting.
κ1985 Statutes of Nevada, Page 2290 (CHAPTER 677, AB 533)κ
for such essential personal care as is necessary to enable them to live in a noninstitutional or unsupervised residential setting.
2. The department shall adopt regulations:
(a) Establishing the procedures for applying for assistance for essential personal care;
(b) Prescribing the criteria for determining the eligibility of an applicant;
(c) Prescribing the nature and the amounts of assistance which may be provided and the conditions imposed; and
(d) Prescribing such other provisions as the department considers necessary to administer the program.
3. The decision of the department regarding the eligibility of an applicant is a final decision for the purposes of judicial review.
Sec. 3. The essential personal care for which the department may provide assistance must include assisting the physically disabled person in:
1. The elimination of wastes from the body.
2. Dressing and undressing.
3. Bathing and grooming.
4. The preparation and eating of meals.
5. Getting in and out of bed.
6. Repositioning while asleep.
7. The use of prostheses and other medical equipment.
8. Moving about.
Sec. 4. The department of human resources is hereby directed to withdraw $609,525 from the federal money set aside for Nevada as its rebate and incentive under Title 19 of the Social Security Act for using less money than had been projected for the federal fiscal year 1984 and deposit it with the state treasurer for credit to the state general fund.
Sec. 5. 1. There is hereby appropriated from the state general fund to the department of human resources for a program to provide financial assistance to physically disabled persons established pursuant to section 2 of this act:
For the fiscal year 1985-86............................................................................. $250,000
For the fiscal year 1986-87............................................................................... 250,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
3. If the money available for the program for a fiscal year is projected to be insufficient to make full payment of the amounts of assistance determined necessary by the department, the department shall prorate its assistance so that the same prorated reduction is made to the assistance paid to each person receiving assistance.
κ1985 Statutes of Nevada, Page 2291 (CHAPTER 677, AB 533)κ
Sec. 6. Section 4 of this act becomes effective upon passage and approval.
________
Assembly Bill No. 390Assemblymen Thomas and Rader
CHAPTER 678
AN ACT relating to motor vehicles; authorizing certain changes to provisions of law governing the maximum speed limit; increasing the maximum speed limit to 70 miles per hour under certain conditions; requiring conditionally, the use of safety belts by certain persons in certain vehicles; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of his license;
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or
(h) Has failed to comply with the conditions of issuance of a restricted license.
2. As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department.
4. The system must be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his drivers license should not be suspended.
5. The system must be uniform in its operation and the department shall set up a system of demerits for each traffic violation, except as provided in subsection 6, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations.
κ1985 Statutes of Nevada, Page 2292 (CHAPTER 678, AB 390)κ
provided in subsection 6, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. [A violation of the national maximum speed limit specified in 23 U.S.C. § 154] If the national maximum speed limit is set by the Federal Government at less than 70 miles per hour, a violation of that speed limit, but not exceeding 70 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.
7. When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails this notice, the driver presents proof to the department that he has successfully completed a [traffic safety school course,] course in traffic safety, approved by the department, for the number of hours prescribed by the course, [with the approval of the department as constituting a course of instruction,] the department shall cancel three demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the [traffic safety school,] course, he will not be entitled to have demerit points canceled upon completion of the course, but must have his license suspended. A person may be allowed to attend a course only once in 12 months for the purpose of reducing his demerit points. The three demerit points may only be canceled from a drivers record during the [12-month period] 12 months immediately following the drivers successful completion of the traffic safety school.
8. Any reduction of three demerit points applies only to the demerit record of the driver and does not affect his driving record with the department or his insurance record.
9. When any licensee accumulates 12 or more demerit points the department shall suspend his license until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
10. The director of the department may set up a scale establishing the demerit value for each traffic violation.
11. Upon suspending the license of any person as authorized in this section, the department shall immediately notify him in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein he resides unless he and the department agree that the hearing may be held in some other county. The administrator, or his authorized agent, may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing.
κ1985 Statutes of Nevada, Page 2293 (CHAPTER 678, AB 390)κ
agent, may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing. Upon the hearing the department shall either rescind its order of suspension or, for good cause, extend the suspension of the license or revoke it.
Sec. 2. NRS 484.361 is hereby amended to read as follows:
484.361 It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway.
2. Such a rate of speed as to endanger the life, limb or property of any person.
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
4. [A rate of speed greater than the national maximum speed limit specified in section 114 of P.L. 93-643 (23 U.S.C. § 154).] A rate of speed greater than the maximum speed limit set by the Federal Government if that limit is greater than 60 miles per hour.
Sec. 3. NRS 484.369 is hereby amended to read as follows:
484.369 1. [The] Except as limited by subsection 4, the department of transportation may prescribe speed zones, and install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.
2. After the establishment of a speed zone and the installation of appropriate signs to control speed, it is unlawful for any person to drive a motor vehicle upon the road and in the speed zone in excess of the speed therein authorized.
3. The department shall conduct a study of traffic and determine which highways and roads in this state may be safely traveled at speeds up to 70 miles per hour. Unless a national maximum speed limit is set by the Federal Government at a speed greater than 60 miles per hour, the department shall establish a speed limit not higher than 70 miles per hour for any system of highways in this state.
Sec. 4. NRS 484.474 is hereby amended to read as follows:
484.474 1. Except as otherwise provided in subsection 5, any person who is transporting a child [:
(a) Under] who is under 5 years of age and who weighs less than 40 pounds in [the front seat of] a motor vehicle registered in this state which is equipped to carry passengers shall secure him in a device for restraining a child which has been approved by the United States Department of Transportation.
[(b) Under 3 years of age in the rear seat of a motor vehicle registered in this state shall secure him in such a restraining device.
κ1985 Statutes of Nevada, Page 2294 (CHAPTER 678, AB 390)κ
(c) Three or 4 years of age in the real seat of a motor vehicle registered in this state shall secure him in such a restraining device or in a safety belt.]
2. Any person who violates the provisions of subsection 1 shall be punished by a fine of not less than $35 nor more than $100 unless, within 14 days after the issuance of the citation for such a violation, the person presents to the court specified in the citation proof of his purchase or rental of such a restraining device. Upon presentation of such proof, the court shall void the citation.
3. For the purposes of NRS 483.470, a violation of this section is not a moving traffic violation.
4. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377.
5. This section does not apply:
(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle . [, or in a rented vehicle.]
(b) When a physician determines that the use of such a restraining device [or safety belt] for the particular child would be impractical or dangerous because of such factors as the childs weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.
[(c) To a person who is transporting a child if:
(1) All seating positions in the motor vehicle which are equipped with safety belts are occupied by other passengers using the safety belts;
(2) Preference for the use of the safety belts is given to children under 3 years of age; and
(3) All unrestrained children under 5 years of age are in the rear seat of the motor vehicle.]
Sec. 5. NRS 484.641 is hereby amended to read as follows:
484.641 1. It is unlawful to drive a passenger car manufactured after :
(a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front [seat positions.
2. It is unlawful to drive a passenger car manufactured after] seating positions.
(b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent [passenger-seating position.] seating position for passengers. This requirement [shall] does not apply to the rear seats of vehicles operated by a police department or sheriffs office.
[3. It is unlawful to drive a passenger car manufactured after]
(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.
κ1985 Statutes of Nevada, Page 2295 (CHAPTER 678, AB 390)κ
2. Any person driving and any passenger 5 years of age or older who rides in the front seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position.
3. A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community. A violation of subsection 2 is not a moving traffic violation under NRS 483.470 and may not be considered as negligence in any civil action or as negligent or reckless driving under NRS 484.377.
4. The department of motor vehicles shall except such types of motor vehicles or seating positions from the requirements of [this section] subsection 1 when compliance would be impractical.
5. The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;
(b) If the vehicle is not required by federal law to be equipped with safety belts;
(c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state;
(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or
(e) To a passenger riding in a means of public transportation, including a taxi, school bus or emergency vehicle.
6. It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.
Sec. 6. NRS 176.059 is hereby amended to read as follows:
176.059 1. When a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, except one regulating metered parking [,] or a violation of NRS 484.362, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment and render a judgment against the defendant for the assessment.
κ1985 Statutes of Nevada, Page 2296 (CHAPTER 678, AB 390)κ
2. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.
3. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the 5th day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
(a) Six dollars to the state treasurer for credit to a special account in the state general fund.
(b) One dollar to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(c) Three dollars for credit to a special account in the municipal general fund for the use of the municipal courts.
4. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
(a) Six dollars to the state treasurer for credit to a special account in the state general fund.
(b) One dollar for credit to a special account in the county general fund for the use of the countys juvenile court or for services for juvenile offenders.
(c) Three dollars for credit to a special account in the county general fund for the use of the justices courts.
Sec. 7. The director of the department of motor vehicles shall study the safety of the maximum speed limit and the effectiveness of the use of safety belts and shall submit a report of his findings to the legislature at the beginning of the 64th session.
Sec. 8. 1. Sections 1, 2 and 6 of this act become effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, those sections become effective on the date that limit takes effect.
2. Section 3 of this act becomes effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, that section becomes effective on the date that limit takes effect or at 12:01 a.m. on July 1, 1985, whichever is later.
3. If the Federal Government withholds money from this state that it would have received but for the provisions of this act, sections 1, 2, 3 and 6 of this act expire by limitation on the date that the money is actually withheld.
κ1985 Statutes of Nevada, Page 2297 (CHAPTER 678, AB 390)κ
and 6 of this act expire by limitation on the date that the money is actually withheld.
4. If Nevada is authorized by the Federal Government to impose a maximum speed limit of or greater than 70 miles per hour, section 5 of this act becomes effective on July 1, 1986, or on the date of that authorization, whichever is earlier. If that section takes effect, it expires by limitation on July 2, 1989.
5. This section and sections 4 and 7 of this act become effective on July 1, 1985.
________
Senate Bill No. 490Committee on Commerce and Labor
CHAPTER 679
AN ACT relating to public utilities; exempting private construction of utility facilities from certain requirements which are not directly related to environmental considerations; removing restrictions on the export of electrical energy; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Any person other than a public utility who receives a permit pursuant to subsection 3 of NRS 704.890 shall, on or before the date construction of a utility facility is commenced and on a date no later than 12 months before the scheduled date of commercial operation of that facility, file with the commission reports which contain:
1. The location, nature and capacity of that facility;
2. The anticipated date for commercial operation of that facility;
3. Information regarding whether any public utility in this state has contracted for the purchase of the capacity or other services of that facility; and
4. Information regarding whether any capacity or other services of that facility is available for purchase by public utilities in this state.
Sec. 3. No public utility which has a parent or an affiliated corporation or a subsidiary of that parent or affiliated corporation with an interest in the ownership of a utility facility, may purchase or contract for the capacity of that facility unless the purchase or the contract has been reviewed and approved by the commission in a manner consistent with the provisions of NRS 704.736 to 704.751, inclusive.
Sec. 4. Nothing in the provisions of sections 1 and 2 of this act and NRS 704.820 to 704.900, inclusive, may be construed as limiting the jurisdiction of the commission over public utilities which serve retail customers in this state.
κ1985 Statutes of Nevada, Page 2298 (CHAPTER 679, SB 490)κ
Sec. 5. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, does not include:
1. Persons insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.
2. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
3. Persons engaged in the business of furnishing, for compensation, water or sewer services, or water and sewer services, to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales for water or sewer services, or water and sewer services, amounted to $5,000 or less during the immediately preceding 12 months,
and in either case they do not own or control any other [such] business furnishing water or sewer service or water and sewer service within this state.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. Persons not normally engaged in the production and sale of water but which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
6. Persons who are engaged in the production and sale of [geothermal] energy, including electricity , [produced from geothermal energy,] to public utilities, cities, counties or other entities which are reselling the energy to the public.
Sec. 6. NRS 704.830 is hereby amended to read as follows:
704.830 As used in NRS 704.820 to 704.900, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.840 to 704.860, inclusive, have the meanings ascribed to them in [NRS 704.840 to 704.860, inclusive, unless the context otherwise requires.] those sections.
Sec. 7. NRS 704.855 is hereby amended to read as follows:
704.855 1. Public utility or utility includes those public utilities [as] defined in NRS 704.020 [,] and not excluded by NRS 704.030, any oil pipeline carrier described and regulated under chapter 708 of NRS, and any community antenna television company in a county having a population of less than 250,000, as defined in NRS 711.030.
2. Public utility also includes any [plant or equipment within this state used directly or indirectly for the generation and transmission of electrical energy, except] corporation which is a parent or an affiliated corporation of a public utility or a subsidiary of that parent or affiliated corporation and owns, independently or in combination with any other public utility, a one-third interest in a utility facility.
κ1985 Statutes of Nevada, Page 2299 (CHAPTER 679, SB 490)κ
of electrical energy, except] corporation which is a parent or an affiliated corporation of a public utility or a subsidiary of that parent or affiliated corporation and owns, independently or in combination with any other public utility, a one-third interest in a utility facility.
3. Public utility does not include plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.
Sec. 8. NRS 704.865 is hereby amended to read as follows:
704.865 1. [No public utility shall after July 1, 1971,] A person shall not commence to construct a utility facility in the state without first having obtained a permit therefor from the commission. The replacement of an existing facility with a like facility, as determined by the commission, [shall] does not constitute construction of a utility facility. Any facility, with respect to which a permit is required, [shall] must thereafter be constructed, operated and maintained in conformity with [such] the permit and any terms, conditions and modifications contained therein. A permit may only be issued pursuant to NRS 704.820 to 704.900, inclusive . [; but any] Any authorization relating to a utility facility granted under other laws administered by the commission [shall constitute] constitutes a permit under [such] those sections if the requirements of [such] those sections have been complied with in the proceedings leading to the granting of [such] the authorization.
2. A permit may be transferred, subject to the approval of the commission, to a [public utility] person who agrees to comply with the terms, conditions and modifications contained therein.
3. NRS 704.820 to 704.900, inclusive, do not apply to any utility facility:
(a) For which, [prior to] before July 1, 1971, an application for the approval of [such] the facility has been made to any federal, state, regional or local governmental agency which possesses the jurisdiction to consider the matters prescribed for finding and determination in [subsection 1 of] NRS 704.890;
(b) For which, [prior to] before July 1, 1971, a governmental agency has approved the construction of [such] the facility and [such utility] the person has incurred indebtedness to finance all or part of the cost of [such] the construction; or
(c) Over which an agency of the Federal Government has exclusive jurisdiction.
4. Any [public utility] person intending to construct a utility facility excluded from NRS 704.820 to 704.900, inclusive, pursuant to paragraph (a) or (b) of subsection 3 may elect to waive [such] the exclusion by delivering notice of [such] its waiver to the commission. NRS 704.820 to 704.900, inclusive, [shall] thereafter apply to each [such] utility facility identified in [such] the notice from the date of its receipt by the commission.
Sec. 9. NRS 704.870 is hereby amended to read as follows:
704.870 1. [An applicant] A public utility which applies for a permit shall file with the commission an application, in such form as the commission [may prescribe, containing the following information:] prescribes, containing:
κ1985 Statutes of Nevada, Page 2300 (CHAPTER 679, SB 490)κ
commission [may prescribe, containing the following information:] prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A statement explaining the need for the facility;
(d) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility;
(e) A summary of the examination of conservation measures and alternative sources of energy which was made before the construction of a facility using fossil fuel; and
(f) Such other information as the applicant may consider relevant or as the commission may by regulation or order require.
A copy or copies of the studies referred to in paragraph (b) must be filed with the commission and be available for public inspection.
2. A person who is not a public utility and who applies for a permit shall file with the commission an application, in such form as the commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility; and
(c) Such other information as the applicant may consider relevant.
3. A copy of the application must be filed with the chairman of the state environmental commission created pursuant to NRS 445.451.
[3.] 4. Each application must be accompanied by proof of service of a copy of [such] the application on the clerk of each local government in the area in which any portion of [such] the facility is to be located, both as primarily and as alternatively proposed.
[4.] 5. Each application must also be accompanied by proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice under subsection [3] 4 by the publication of a summary of the application in newspapers published and distributed in the area in which [such] the utility facility is proposed to be located.
Sec. 10. NRS 704.885 is hereby amended to read as follows:
704.885 1. The parties to a permit proceeding include:
(a) The applicant.
(b) The state environmental commission created pursuant to NRS 445.451.
(c) Each local government entitled to receive service of a copy of the application under subsection [3] 4 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 45 days after the date it was served with a copy of the application.
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection [3] 4 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 45 days after the date of the published notice and if [such] the petition has been granted by the commission for good cause shown.
κ1985 Statutes of Nevada, Page 2301 (CHAPTER 679, SB 490)κ
704.870, if such a person has petitioned the commission for leave to intervene as a party within 45 days after the date of the published notice and if [such] the petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 45 days after the date of the published notice.
2. A person may make a limited appearance in the proceeding by filing a statement of position with 45 days after the date of the published notice. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (b), (c), (d) or (e) of subsection 1, but who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
Sec. 11. NRS 704.890 is hereby amended to read as follows:
704.890 1. The commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the commission [may deem] deems appropriate.
2. The commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, to a public utility unless it finds and determines:
(a) The basis for the need of the facility;
(b) The nature of the probable [environmental impact;] effect on the environment;
(c) That the facility represents the minimum adverse [environmental impact,] effect on the environment, considering the state of available technology and the nature and economics of the various alternatives, and other pertinent considerations;
(d) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder;
(e) That the facility will serve the public interest; and
(f) That if the facility or a part thereof is intended to meet the requirements of customers in this state for electricity, it is included in the utilitys plan to increase its supply of electricity or decrease the demands made on its system by its customers.
3. The commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, to a person other than a public utility unless it finds and determines:
κ1985 Statutes of Nevada, Page 2302 (CHAPTER 679, SB 490)κ
operation and maintenance of a utility facility, either as proposed or as modified by the commission, to a person other than a public utility unless it finds and determines:
(a) The nature of the probable environmental impact; and
(b) That the location of the facility as proposed conforms to applicable state and local environmental laws and regulations issued thereunder.
[2.] 4. If the commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification.
[3.] 5. A copy of the order and any opinion issued with it must be served upon each party.
6. The commission may require that any person applying for a permit to construct a plant for generating electrical energy offer the energy or capacity of the project to all public utilities in this state which primarily serve retail customers. If the offer is declined, the applicant may export the capacity of the project. If less than 50 percent of the capacity of such a project sold during its first 156 months of commercial operation is sold to public utilities in this state, the applicant shall reoffer the capacity of the project to all public utilities in this state. This reoffer must provide an opportunity to purchase energy or capacity at fair market value and ensure than 50 percent of the total capacity of the project is available to public utilities in this state. Any purchase of energy or capacity as a result of the reoffer is effective 84 months after the execution of the contracts of purchase.
Sec. 12. NRS 244A.747, 244A.749, 244A.751 and 704.892 are hereby repealed.
Sec. 13. The provisions of this act do not affect any rights or obligations of the parties to a contract concerning utility facilities executed before July 1, 1985.
Sec. 14. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 56Committee on Human Resources and Facilities
CHAPTER 680
AN ACT relating to radioactive waste; creating the commission on nuclear projects and the agency for nuclear projects; providing for an executive director of the agency and prescribing his duties; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds, and declares it to be the policy of this state, that the study of the disposal of high-level radioactive waste in the State of Nevada and related activities is essential to the preservation of the public health and welfare.
κ1985 Statutes of Nevada, Page 2303 (CHAPTER 680, SB 56)κ
preservation of the public health and welfare. This study must involve the governor, the legislature and local governments as direct participants.
Sec. 2. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 13, inclusive, of this act.
Sec. 3. As used in sections 3 to 13, inclusive, of this act, unless the context otherwise requires:
1. Agency means the agency for nuclear projects.
2. Commission means the commission on nuclear projects.
3. Executive director means the executive director of the agency.
4. Radioactive waste is limited to:
(a) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste and any solid material derived from the liquid waste that contains concentrations of matter produced by nuclear fission sufficient to require permanent isolation, as determined by the Nuclear Regulatory Commission;
(b) Spent nuclear fuel that has been withdrawn from a reactor following irradiation and has not been separated into its constituent elements by reprocessing; and
(c) Other material that the Nuclear Regulatory Commission determines must be permanently isolated.
Sec. 4. 1. The commission on nuclear projects, consisting of seven members, is hereby created.
2. The commission consists of:
(a) Three members of the governors own choosing.
(b) Two members chosen by the governor from a list of three names submitted to him by the legislative commission.
(c) Two members chosen by the governor, one of whom is chosen from a list of three names submitted to him by a statewide organization of county governments and one of whom is chosen from a list of three names submitted to him by a statewide organization of city governments.
3. After the initial terms, members shall serve terms of 2 years.
4. Each member of the commission is entitled to a salary of $80 for each days attendance at a meeting of the commission.
Sec. 5. The members of the commission shall annually select a chairman from among themselves.
Sec. 6. The commission shall:
1. Be informed on issues and developments relating to the disposal of radioactive waste.
2. Report to the governor and the legislature on any matter relating to the disposal of radioactive waste which it deems appropriate and on any such matter requested by the governor.
3. Advise and make recommendations to the governor and the legislature on the policy of this state concerning all projects involving the disposal of radioactive waste.
4. Formulate the administrative policies of the agency and its divisions.
κ1985 Statutes of Nevada, Page 2304 (CHAPTER 680, SB 56)κ
5. Advise the state and local governments on litigation relating to radioactive waste.
6. Adopt such regulations and perform such other duties as are necessary to carry out the provisions of sections 3 to 13, inclusive, of this act.
Sec. 7. 1. The agency for nuclear projects is hereby created. It consists of the commission and:
(a) The division of technical programs.
(b) The division of planning.
2. The governor shall appoint an executive director, who serves at the pleasure of the commission, and who must:
(a) Be appointed from a list of three persons submitted to the governor by the commission.
(b) Possess broad management skills related to the functions of the agency and have the ability to coordinate planning and communication among the Federal Government, the state and the local governments of this state on issues related to radioactive waste.
Sec. 8. The executive director shall:
1. Appoint, with the consent of the commission, an administrator of each division of the agency.
2. Advise the commission on matters relating to the potential disposal of radioactive waste in this state.
3. Evaluate the potentially adverse effects of a facility for the disposal of radioactive waste in this state.
4. Consult frequently with local governments and state agencies that may be affected by a facility for the disposal of radioactive waste and appropriate legislative committees.
5. Assist local governments in their dealings with the Department of Energy and its contractors on matters relating to radioactive waste.
6. Carry out the duties imposed on the state by 42 U.S.C. §§ 10101 to 10226, inclusive, as those sections existed on January 1, 1985.
7. Cooperate with any governmental agency or other person to carry out the provisions of sections 3 to 13, inclusive, of this act.
Sec. 9. The executive director may:
1. Provide information relating to radioactive waste to the legislature, local governments and state agencies that may be affected by the disposal of radioactive waste in this state.
2. Consult departments, agencies and institutes of the University of Nevada System or other institutions of higher education on matters relating to radioactive waste.
3. Employ, within the limitations of legislative authorization, technical consultants, specialists, investigators and other professional and clerical employees as are necessary to the performance of his duties.
4. Make and execute contracts and all other instruments necessary for the exercise of the duties of the office.
5. Obtain equipment and supplies necessary to carry out the provisions of sections 3 to 13, inclusive, of this act.
κ1985 Statutes of Nevada, Page 2305 (CHAPTER 680, SB 56)κ
Sec. 10. (Deleted by amendment.)
Sec. 11. 1. The administrator of each division shall administer the provisions of law relating to his division under the supervision of the executive director.
2. The executive director and the administrator of each division:
(a) Are in the unclassified service of the state and are entitled to be reimbursed for travel expenses and expenses of subsistence in amounts provided by law for state officers and employees.
(b) Shall devote their full time to the business of the agency and not engage in any other gainful employment or occupation.
Sec. 12. The administrator of the division of technical programs shall:
1. Evaluate the:
(a) Potential effects of radioactive waste upon the physical environment;
(b) Potential health hazards from the disposal of radioactive waste; and
(c) Design of and engineering techniques involved in a facility for the disposal of radioactive waste.
2. Assure the quality of techniques and procedures used in research involving radioactive waste and of any information developed as a result of the research.
3. Analyze the geological and technical information which would affect the feasibility and safety of locating a facility for the disposal of radioactive waste in this state.
4. Perform any other duties assigned to him by the executive director.
Sec. 13. The administrator of the division of planning shall:
1. Coordinate activities between the agency, political subdivisions of the state and affected state agencies.
2. Disseminate information to the state, interested political subdivisions of the state or any agency of either and members of the public regarding radioactive waste.
3. Study the effects of a facility for the disposal of radioactive waste upon transportation and social and economic conditions in this state.
4. Assess the means of mitigating the adverse effects of a facility for the disposal of radioactive waste.
5. Perform any other duties assigned to him by the executive director.
Sec. 14. In appointing the first members of the commission on nuclear projects, the governor shall appoint:
1. Three members to terms expiring June 30, 1986; and
2. Four members to terms expiring June 30, 1987.
Sec. 15. 1. The agency for nuclear projects is authorized to accept from the Federal Government and expend for the study of the disposal of high-level radioactive waste in Nevada:
For the fiscal year 1985-86.......................................................................... $4,159,356
For the fiscal year 1986-87............................................................................ 4,259,048
κ1985 Statutes of Nevada, Page 2306 (CHAPTER 680, SB 56)κ
2. Any money not expended during the fiscal year 1985-1986 is available for expenditure in the fiscal year 1986-1987.
________
Senate Bill No. 510Senator Rawson
CHAPTER 681
AN ACT relating to abortions; making various changes in the provisions regulating abortions; making an appropriation to the attorney general for litigation; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary. The compensation and expenses of the attorney are a charge against the county as provided in the following schedule:
(a) For consultation, research and other time reasonably spent on the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the initials of the minor, the age of the minor, the estimated number of weeks elapsed from the probable time of conception, and whether maturity, emancipation, notification detrimental to the minors best interests or a combination thereof are relied upon in avoidance of the notification required by NRS 442.255. The petition must be initialed by the minor.
3. A hearing on the merits of the petition, on the record, must be held as soon as possible and within 5 judicial days after the filing of the petition. At the hearing the court shall hear evidence relating to:
(a) The minors emotional development, maturity, intellect and understanding;
(b) The minors degree of financial independence and degree of emancipation from parental authority;
(c) The minors best interests relative to parental involvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find useful in determining whether the minor is entitled to avoid parental notification.
4. In the decree, the court shall, for good cause:
κ1985 Statutes of Nevada, Page 2307 (CHAPTER 681, SB 510)κ
(a) Grant the petition, and give judicial authorization to permit a physician to perform an abortion without the notification required in NRS 442.255; or
(b) Deny the petition, setting forth the grounds on which the petition is denied.
5. An appeal from an order issued under subsection 4 may be taken to the supreme court, which shall suspend the Nevada Rules of Appellate Procedure pursuant to N.R.A.P. 2 to provide for an expedited appeal. The notice of intent to appeal must be given within 1 judicial day after the issuance of the order. The record on appeal must be perfected within 5 judicial days after the filing of the notice of appeal and transmitted to the supreme court. The court, shall by court order or rule, provide for a confidential and expedited appellate review of cases appealed under this section.
Sec. 3. If an abortion is judicially authorized and the provisions of NRS 442.240 to 442.270, inclusive, and sections 2 and 3 of this act are complied with, an action by the parents or guardian of the minor against persons performing the abortion is barred. This civil immunity extends to the performance of the abortion and any necessary accompanying services which are performed in a competent manner. The costs of the action, if brought, must be borne by the parties respectively.
Sec. 4. NRS 442.240 is hereby amended to read as follows:
442.240 As used in NRS 442.250 to [442.257,] 442.270, inclusive, and sections 2 and 3 of this act, unless the context requires otherwise, abortion means the termination of a human pregnancy with an intention other than to produce [a live birth] the birth of an infant capable of sustained survival by natural or artificial supportive systems or to remove a dead fetus.
Sec. 5. NRS 442.250 is hereby amended to read as follows:
442.250 1. No abortion may be performed in this state unless the abortion is performed:
(a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who:
(1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and
(2) Performs the abortion in a manner consistent with accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the pregnancy.
(c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.
2. All abortions performed after the 24th week of pregnancy or performed when, in the judgment of the attending physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the womb by natural or artificial supportive systems must be performed in a hospital [or other health and care facility] licensed under chapter 449 of NRS.
κ1985 Statutes of Nevada, Page 2308 (CHAPTER 681, SB 510)κ
hospital [or other health and care facility] licensed under chapter 449 of NRS.
3. Before performing an abortion [, the] pursuant to subsection 2, the attending physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the [mother] patient or would gravely impair the physical or mental health of the [mother.] patient.
Sec. 6. NRS 442.252 is hereby amended to read as follows:
442.252 No physician may perform an abortion in this state unless, before he performs it, he certifies in writing that the woman gave her informed written consent, freely and without coercion . [, after the attending physician informed her of the matters required by NRS 442.253 not more than 30 days and not less than 24 hours before her consent to the abortion, unless in the judgment of the physician the abortion is necessary to avert an imminent peril to the life of the woman.] The physician shall further certify in writing the pregnant womans marital status and age based upon proof of age offered by her. [The fact that the woman was informed within the time required by this section is not prima facie evidence of informed consent.]
Sec. 7. NRS 442.253 is hereby amended to read as follows:
442.253 1. The attending physician or a person meeting the qualifications established by regulations adopted by the health division shall accurately and in a manner which is reasonably likely to be understood by the pregnant woman:
(a) Explain that, in his professional judgment, she is pregnant and a copy of her pregnancy test is available to her.
(b) Inform her of the number of weeks which have elapsed from the probable time of conception.
(c) [Explain any known immediate and long-term physical or psychological dangers resulting from abortion including an increase in the incidence of premature births, tubal pregnancies and stillbirths.
(d) Explain the general nature and the extent of the particular risks associated with her pregnancy.
(e)] Explain the physical and emotional implications of having the abortion.
(d) Describe the medical procedure to be used [.
(f) Present any alternatives to abortion including a list of public and private agencies that provide pregnant women with economic and other assistance and the services provided by each agency.
(g) Explain that if the child aborted is alive, the physician has a legal obligation to take all reasonable steps to preserve the life and health of the child.
(h) Present any other material facts] , its consequences and the proper procedures for her care after the abortion.
2. The attending physician shall verify that all material facts and information which, in his professional judgment, are necessary to allow the woman to give her informed consent [.
κ1985 Statutes of Nevada, Page 2309 (CHAPTER 681, SB 510)κ
2.] have been provided to her and that her consent is informed
3. If the woman does not understand English, the form indicating consent must be written in a language understood by her, or the attending physician shall certify on the form that the information required to be given has been presented in such a manner as to be understandable by her. If an interpreter is used, the interpreter must be named and reference to this use must be made on the form for consent.
Sec. 8. NRS 442.255 is hereby amended to read as follows:
442.255 [A person] 1. Unless in the judgment of the attending physician an abortion is immediately necessary to preserve the patients life or health or an abortion is authorized pursuant to subsection 2, or section 1 of this act, a physician shall not knowingly perform or induce an abortion upon an unmarried and unemancipated woman who is under the age of 18 years unless [he notifies] a custodial parent or guardian of the woman [at least 24 hours] is personally notified before the abortion . [, if it is possible to notify the parent or guardian.] If the custodial parent or guardian cannot be so notified after a reasonable effort, the physician shall delay performing the abortion until he has notified the parent or guardian by certified mail at his last known address.
2. An unmarried or unemancipated woman who is under the age of 18 years may request a district court to issue an order authorizing an abortion. If so requested, the court shall interview the woman at the earliest practicable time, which must be not more than 2 judicial days after the request is made. If the court determines, from any information provided by the woman and any other evidence that the court may require, that:
(a) She is mature enough to make an intelligent and informed decision concerning the abortion;
(b) She is financially independent or is emancipated; or
(c) The notice required by subsection 1 would be detrimental to her best interests,
the court shall issue an order within 1 judicial day after the interview authorizing a physician to perform the abortion in accordance with the provisions of NRS 442.240 to 442.270, inclusive, and sections 2 and 3 of this act.
3. If the court does not find sufficient grounds to authorize a physician to perform the abortion, it shall enter an order to that effect within 1 judicial day after the interview. If the court does not enter an order either authorizing or denying the performance of the abortion within 1 judicial day after the interview, authorization shall be deemed to have been granted.
4. The court shall take the necessary steps to ensure that the interview and any other proceedings held pursuant to this subsection or section 1 of this act are confidential. The rules of civil procedure do not apply to any action taken pursuant to this subsection.
κ1985 Statutes of Nevada, Page 2310 (CHAPTER 681, SB 510)κ
Sec. 9. NRS 442.256 is hereby amended to read as follows:
442.256 A physician who performs an abortion shall maintain a record of it for at least 5 years after it is performed. The record must contain:
1. The written consent of the woman;
2. A statement of the information which was provided to the woman pursuant to NRS 442.253; and
3. A description of efforts to give any notice required by NRS [442.254 or] 442.255.
Sec. 10. NRS 442.260 is hereby amended to read as follows:
442.260 1. The health division [of the state department of human resources] shall adopt and enforce [rules and] regulations governing the conditions under and the methods by which abortions may be performed, the reasonable minimum qualifications of a person authorized to provide the information required in NRS 442.253, as well as all other aspects pertaining to the performance of abortions pursuant to NRS 442.250.
2. The health division shall adopt and enforce [rules and] regulations for [an abortion reporting system. Such system shall] a system for reporting abortions. This system must be designed to preserve confidentiality of information on the identity of [individual] women upon whom abortions are performed. The [abortion reporting system] health division may require that the following items be reported for each abortion:
(a) [Date of] The date of the abortion;
(b) [Place of abortion (] The place of the abortion including the city, county [,] and state [);
(c) Type] ;
(c) The type of facility;
(d) [Place of] The usual residence of [woman (] the woman, including the city, county [,] and state [);
(e) Age of woman;
(f) Ethnic] ;
(e) Her age;
(f) Her ethnic group or race;
(g) [Marital] Her marital status;
(h) [Number] The number of previous live births;
(i) [Number] The number of previous induced abortions;
(j) [Duration of pregnancy (] The duration of her pregnancy, as measured from first day of last normal menses to date of abortion, and as estimated by uterine size prior to performance of the abortion [);
(k) Type] ;
(k) The type of abortion procedure; and
(l) [In the event] If a woman has had a previously induced abortion , [or abortions,] the information in paragraph (a) to (k), inclusive, or as much thereof as can be reasonably obtained, for each [such] previous abortion.
3. The health division may [provide rules and] adopt regulations to permit studies of individual [abortion cases, but such studies shall] cases of abortion, but these studies must not be permitted unless:
κ1985 Statutes of Nevada, Page 2311 (CHAPTER 681, SB 510)κ
permit studies of individual [abortion cases, but such studies shall] cases of abortion, but these studies must not be permitted unless:
(a) Absolute assurance is provided that confidentiality of information on [individuals] the persons involved will be preserved;
(b) Informed consent of each [individual] person involved in the study is obtained in writing;
(c) The study is conducted according to established standards and ethics; and
(d) The study is related to [health] problems of health and has scientific merit with regard to both design and the importance of the problems to be solved.
Sec. 11. NRS 442.270 is hereby amended to read as follows:
442.270 [1. It is unlawful for any person, firm, partnership, association or corporation, including a hospital or other health and care facility to advertise in any manner, directly or indirectly, the availability of abortions or the cost thereof or the conditions under which abortions will be performed.
2.] Whenever an abortion [procedure] results in [a live birth,] the birth of an infant capable of sustained survival by natural or artificial supportive systems, the failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the [live born person shall subject] infant subjects the person performing the abortion to [Nevada laws] the laws of this state governing criminal liability and civil liability for wrongful death and medical malpractice.
Sec. 12. NRS 442.254 is hereby repealed.
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Senate Bill No. 463Committee on Government Affairs
CHAPTER 682
AN ACT relating to town boards; providing for the election of half the members each year; investing town board of Pahrump with certain additional powers; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. NRS 269.018 is hereby amended to read as follows:
269.018 [Terms]
1. Except as provided in subsection 2, the term of office of [the members] a member of the town board [shall be for 2 years and shall begin] is 2 years and begins on the 1st Monday in January following the [general election.] election at which he is chosen.
2. The initial members of the board elected pursuant to subsection 2 of NRS 269.017 or subsection 1 of NRS 269.0171 at the first meeting of the board after their election shall draw lots to determine which members serve terms of 1 year and which serve terms of 2 years.
κ1985 Statutes of Nevada, Page 2312 (CHAPTER 682, SB 463)κ
the board after their election shall draw lots to determine which members serve terms of 1 year and which serve terms of 2 years. The drawing must result in, as nearly as possible, the election of half of the members of the board at each subsequent election.
3. Each town board shall conduct an election in the town on the Tuesday next after the 1st Monday of November in each odd-numbered year to choose the successors of those members of the board whose terms expire in the following January. The general election laws of the state apply, except for the year, to these elections.
Sec. 2. The legislature finds that:
1. The situation of the unincorporated town of Pahrump at a distance of approximately 165 miles from the county seat of Nye County makes local self-government especially appropriate;
2. The residents of the town have exercised their right to establish a locally elected town board for their own government;
3. The town is growing rapidly in population and has a special need for effective, locally directed planning for its development;
4. Observation for 2 years of the working of local planning in Pahrump will enable the legislature to decide whether to extend this function to other self-governing towns; and
5. For these reasons, a general law cannot be made applicable to planning and related functions in the town of Pahrump.
Sec. 3. The unincorporated town of Pahrump is hereby vested with the same powers as are possessed by a city of the third class with respect to:
1. The preparation and adoption of a master plan.
2. The division of the town into zoning districts and the regulation therein of the erection, alteration and use of buildings, other structures, and land.
3. The division of land into parcels of any number or size.
4. The inspection of buildings and of sanitary installations.
Sec. 4. For these purposes the town board may itself serve as the planning commission or may create a planning commission of seven members. The provisions of NRS 278.040 apply to the planning commission if separately created.
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κ1985 Statutes of Nevada, Page 2313κ
Assembly Bill No. 567Committee on Government Affairs
CHAPTER 683
AN ACT relating to blind persons; authorizing their operation of vending stands in state parks on a parity with other vendors; and providing other matters properly relating thereto.
[Approved June 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, and section 2 of this act, unless the context otherwise requires:
1. Operator means the individual blind person responsible for the day-to-day [conduct ] operation of the vending stand . [operation.]
2. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the state or any of its political subdivisions except public elementary and secondary schools [,] and the University of Nevada System and the Nevada state park system.
3. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles or the provision of such services as may be approved by the bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) [Cafeteria or snack bar facilities] A cafeteria or snack bar for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages [.] or the provision of approved services.
Sec. 2. NRS 426.640 is hereby amended to read as follows:
426.640 For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of NRS 426.630 to 426.720, inclusive, by the bureau [have] :
1. Have priority of right to operate vending stands in or on any public buildings or properties where the locations are determined to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.720, inclusive.
κ1985 Statutes of Nevada, Page 2314 (CHAPTER 683, AB 567)κ
2. May operate vending stands in or on buildings or properties of the Nevada state park system, with the approval of the administrator of the division of state parks, on a parity with any other vendor.
Sec. 3. This act becomes effective upon passage and approval.
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