[Rev. 2/27/2019 1:54:42 PM]
κ1987 Statutes of Nevada, Page 721 (CHAPTER 321, AB 779)κ
in any way impedes or restricts the carrying out of the acts authorized by NRS [543.160] 543.170 to 543.830, inclusive, to be done [shall be construed as applying] applies to any proceedings taken under NRS [543.160] 543.170 to 543.830, inclusive, or acts done pursuant thereto, it being intended that NRS [543.160] 543.170 to 543.830, inclusive, [shall] provide a separate method of accomplishing their objectives, and not an exclusive one , [;] and NRS [543.160] 543.170 to 543.830, inclusive, [shall not be construed as repealing, amending or changing] does not repeal or amend any such other law.
Sec. 45. NRS 543.220 is hereby amended to read as follows:
543.220 NRS [543.160] 543.170 to 543.830, inclusive, being necessary to secure the public health, safety, convenience and welfare, [shall] must be liberally construed to effect their purposes.
Sec. 46. NRS 543.250 is hereby amended to read as follows:
543.250 1. In any county whose population is less than 250,000 the board of county commissioners may create districts.
2. No member of a board of county commissioners or board of directors is disqualified to perform any duty imposed by NRS [543.160] 543.170 to 543.830, inclusive, by reason of ownership of property within any proposed district.
3. A district so created may include territory within another such county, with the consent of the board of county commissioners of the other county.
Sec. 47. NRS 543.260 is hereby amended to read as follows:
543.260 1. The organization of a district [shall] must be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in NRS [543.160] 543.170 to 543.830, inclusive, sometimes designated the initiating ordinance.
2. The initiating ordinance [shall] must set forth:
(a) The name of the proposed district, consisting of a chosen name preceding the words [Flood Control District.] District for the Control of Floods.
(b) A statement of the necessity for [such] the district and the general purposes for which the district is proposed to be created.
(c) A statement that improvements of the district will not interfere with or affect vested water rights.
(d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether [or not ] his property is within the district.
(e) The place and time for the hearing on the creation of the district.
Sec. 48. NRS 543.280 is hereby amended to read as follows:
543.280 1. Any taxpaying elector within the district may, on or before the date fixed, protest against the establishment of such district, in writing, which protest [shall] must be filed with the county clerk.
2. If, at or before the time fixed in the initiating ordinance and notice, written protest is filed, signed by 51 percent or more of the taxpaying electors within [such] the proposed district, the district [shall] must not be established.
κ1987 Statutes of Nevada, Page 722 (CHAPTER 321, AB 779)κ
electors within [such] the proposed district, the district [shall] must not be established.
3. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors in the district, the board of county commissioners [, in its discretion,] may proceed with the creation of the district. If the board of county commissioners does so proceed, the ordinance of the board of county commissioners creating the district, for which provision is made in NRS [543.160] 543.170 to 543.830, inclusive, [shall] must contain a recital as to the percentage of protest and [such recital shall be] that recital is binding and conclusive for all purposes.
Sec. 49. NRS 543.368 is hereby amended to read as follows:
543.368 Any improvement pursuant to NRS [543.160] 543.170 to 543.830, inclusive, may be located, constructed and maintained in, along or across any public road or highway in the district in a manner that affords security for life and property. The board shall restore or cause to be restored the road or highway to its former condition as nearly as may be, in order not to impair its usefulness.
Sec. 50. NRS 543.370 is hereby amended to read as follows:
543.370 Subject to the limitations of NRS [543.160] 543.170 to 543.830, inclusive, the board [shall have] has perpetual existence.
Sec. 51. NRS 543.400 is hereby amended to read as follows:
543.400 The board [shall have the power to] may take by grant, purchase, gift, devise or lease, or otherwise, and hold, use, enjoy and lease, or dispose of real or personal property of every kind within or without the district necessary or proper to carry out any of the [objects or] purposes of NRS [543.160] 543.170 to 543.830, inclusive, and to complete, extend, add to, repair or otherwise improve any works or improvements or any property acquired by the district as authorized by NRS [543.160] 543.170 to 543.830, inclusive.
Sec. 52. NRS 543.410 is hereby amended to read as follows:
543.410 The board [shall have the power:
1. To store] may:
1. Store floodwater in surface or underground reservoirs within or without the district for the common benefit of the district.
2. [To conserve] Conserve and reclaim floodwaters for present and future use within the district.
3. Subject to the limitations contained in NRS [543.160] 543.170 to 543.830, inclusive, to appropriate and acquire water and water rights, and import water into the district and conserve [the same] it within or without the district for any useful flood control purpose.
4. [To commence,] Commence, maintain, intervene in and compromise, in the name of the district or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting ownership or use of water or water rights within the district used or useful for any purpose of the district . [purpose.
κ1987 Statutes of Nevada, Page 723 (CHAPTER 321, AB 779)κ
5. To commence,]
5. Commence, maintain, intervene in, determine, compromise, and assume the costs and expenses of any action or proceeding involving the wasteful use of water in the district.
6. [To prevent] Prevent unlawful exportation of water from the district.
7. [To prevent] Prevent contamination and pollution of the surface or subsurface waters used in the district.
8. [To commence,] Commence, maintain and defend actions and proceedings to prevent interference with waters used in the district as may endanger and damage the inhabitants, lands or use of water in the district . [; but the] The board shall not [have the power to] intervene or take part in, or [to] pay the costs and expenses of, actions or proceedings between the owners of lands or water rights within the boundaries of the district which do not involve taking water outside or away from the district.
Sec. 53. NRS 543.420 is hereby amended to read as follows:
543.420 Subject to the limitations contained in NRS [543.160] 543.170 to 543.830, inclusive, the board [shall have the power to] may exercise the right of eminent domain within and without the district, in the manner provided by law for the condemnation of property for public use [, for the purpose of] or for taking any property necessary to carry out [any objects or] the purposes of NRS [543.160] 543.170 to 543.830, inclusive.
Sec. 54. NRS 543.440 is hereby amended to read as follows:
543.440 1. It is hereby declared that the use of the property, lands, rights of way, easements or materials which may be condemned, taken or appropriated under the provisions of NRS [543.160] 543.170 to 543.830, inclusive, is a public use subject to the regulation and control of the state in the manner prescribed by law . [; but nothing in NRS 543.160 to 543.830, inclusive, shall be deemed to]
2. The provisions of NRS 543.170 to 543.830, inclusive, do not authorize any district or person to divert the waters of any river, creek, stream, irrigation system, canal or ditch from its channel to the detriment of any person having any interest in [such] that river, creek, stream, irrigation system, canal or ditch or the waters thereof or therein, unless previous compensation is first ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.
Sec. 55. NRS 543.480 is hereby amended to read as follows:
543.480 1. Except as otherwise provided in NRS [543.160] 543.170 to 543.830, inclusive, the board [shall have the power to] may enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
2. Any improvement [or improvements] of any nature made in any district, except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, [shall] must be done only under independent contract to be entered into by the district in the manner prescribed by chapter 332 of NRS.
κ1987 Statutes of Nevada, Page 724 (CHAPTER 321, AB 779)κ
United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, [shall] must be done only under independent contract to be entered into by the district in the manner prescribed by chapter 332 of NRS. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.
3. The board [shall have the power to] may make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district [(but not] except by a contractor [) shall] must be purchased in the manner prescribed by chapter 332 of NRS.
Sec. 56. NRS 543.490 is hereby amended to read as follows:
543.490 The board [shall have the power to] may borrow money and incur indebtedness and other obligations and evidence the [same] indebtedness by certificates, notes or debentures, and to issue bonds, in accordance with the provisions of NRS [543.160] 543.170 to 543.830, inclusive.
Sec. 57. NRS 543.530 is hereby amended to read as follows:
543.530 The board shall [have and] exercise all rights and powers necessary or incidental to or implied from the specific powers granted in NRS [543.160] 543.170 to 543.830, inclusive. [Such] The specific powers [shall not be considered as] are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of NRS [543.160] 543.170 to 543.830, inclusive.
Sec. 58. NRS 543.540 is hereby amended to read as follows:
543.540 In addition to the general powers granted in NRS [543.160] 543.170 to 543.830, inclusive, to the board, the board may cooperate with the United States, the State of Nevada, or any instrumentality, department, agency or political subdivision or municipal corporation of either in the construction, maintenance and operation of [flood control projects.] projects for the control of floods. To that end, appropriate agreements may be entered into and the district may:
1. Acquire and provide without cost to the operating entity the land, easements and rights of way necessary for the construction of [flood control] those projects.
2. Hold and save harmless the cooperating entity free from any claim for damages arising from the construction, maintenance and operation of [flood control] those projects.
3. Maintain and operate all works in accordance with regulations prescribed by the cooperating entity.
4. Establish and enforce flood channel limits and regulations, if any, satisfactory to the cooperating entity.
κ1987 Statutes of Nevada, Page 725 (CHAPTER 321, AB 779)κ
Sec. 59. NRS 543.580 is hereby amended to read as follows:
543.580 1. The chief engineer and general manager may investigate carefully the best plan or plans:
(a) To control the floodwaters of the district and the floodwaters of streams that have their sources outside of the district but flow into the district;
(b) To conserve [such] those waters for beneficial and useful purposes by spreading, storing, retaining, or causing to percolate into the soil within or without the district, or to save or conserve in any manner, any [or all of such] of those waters; and
(c) To protect the watercourses, watersheds, public highways, life and property in the district from damage from [such] that water,
and to obtain such other information in regard thereto as may be deemed necessary or useful in carrying out the purposes of NRS [543.160] 543.170 to 543.830, inclusive.
2. The chief engineer and general manager shall make and file reports from time to time with the board, which must show:
(a) A general description of the work to be done on each project or work of improvement.
(b) General plans, profiles, cross sections and other general specifications of the work to be done on each project or work of improvement.
(c) A general description of the lands, rights of way, easements and property proposed to be taken, acquired or injured in the carrying out of that work.
(d) An estimate of the cost of each project or work of improvement including:
(1) An estimate of the costs of lands, rights of way, easements and property proposed to be taken, acquired or injured in carrying out the project or work of improvement.
(2) An estimate of all incidental expenses likely to be incurred in connection therewith, including legal, clerical, engineering, superintendence, inspection, printing and advertising, and stating the total amount of bonds, if any, necessary to be issued to pay for it.
(3) A comparison of the total cost of the proposed works with an estimate of the cost of condemnation and relocation or replacement of property within the boundaries of the flood plain.
3. The chief engineer and general manager shall, from time to time, as directed by the board, file with the board supplementary, amendatory and additional reports and recommendations as necessity and convenience may require.
4. The chief engineer and general manager may, subject to the control and direction of the board, employ other engineers, surveyors and other persons required for making all surveys and doing any work necessary for the making of the reports.
Sec. 60. NRS 543.630 is hereby amended to read as follows:
543.630 1. The body having authority to levy taxes within each county shall levy the taxes provided in NRS [543.160] 543.170 to 543.830, inclusive.
κ1987 Statutes of Nevada, Page 726 (CHAPTER 321, AB 779)κ
shall levy the taxes provided in NRS [543.160] 543.170 to 543.830, inclusive.
2. All officials charged with the duty of collecting taxes shall collect [such] those taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the [same] taxes to the district ordering its levy and collection. The payment of [such collections shall] the collections must be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.
3. All taxes levied under NRS [543.160] 543.170 to 543.830, inclusive, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the [same, shall] taxes constitute, until paid, a perpetual lien on and against the property taxed [; and such lien shall be] , and the lien is on a parity with the tax lien of other general taxes.
Sec. 61. NRS 543.640 is hereby amended to read as follows:
543.640 If the taxes levied are not paid as provided in NRS [543.160] 543.170 to 543.830, inclusive, the property subject to the tax lien [shall] must be sold and the proceeds thereof [shall] must be paid over to the district according to the provisions of the laws applicable to tax sales and redemptions.
Sec. 62. NRS 543.665 is hereby amended to read as follows:
543.665 1. The boundary of any district organized under the provisions of NRS [543.160] 543.170 to 543.830, inclusive, may be changed in the manner prescribed in NRS 543.675 and 543.685, but the change of boundaries of the district [shall not impair nor] does not impair or affect its organization, [nor shall it] or affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had [such] the change of boundaries not been made.
2. Property included within or annexed to a district [shall be] is subject to the payment of taxes, assessments and charges, as provided in NRS 543.685. Real property excluded from a district [shall thereafter be] is thereafter subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of [such exclusion, and shall be] the exclusion and is subject to any outstanding special assessment lien thereon.
Sec. 63. NRS 543.690 is hereby amended to read as follows:
543.690 1. Upon the conditions and under the circumstances set forth in NRS [543.160] 543.170 to 543.830, inclusive, a district may:
(a) Borrow money and issue the following securities to evidence [such] the borrowing, subject to the provisions of NRS 543.720 to 543.760, inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
(4) Temporary bonds;
(5) Interim debentures; and
κ1987 Statutes of Nevada, Page 727 (CHAPTER 321, AB 779)κ
(6) Special assessment bonds; and
(b) Make another type contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board may, on the behalf and in the name of the district, issue the securities, and in connection with any undertaking or facilities authorized in [the Flood Control District Law,] NRS 543.170 to 543.830, inclusive, the board may otherwise proceed as provided in the Local Government Securities Law.
Sec. 64. NRS 543.710 is hereby amended to read as follows:
543.710 1. To carry out the purposes of NRS [543.160] 543.170 to 543.830, inclusive, the board may issue general obligation negotiable coupon bonds of the district.
2. Bonds must:
(a) 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, payable semiannually.
(b) Be [due and] payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 40 years from date.
(c) Be in such denominations as the board determines and the bonds and coupons thereto attached must be payable to bearer.
(d) Be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board.
3. Any of [such] the officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond [herein authorized,] authorized in this section, but at least one signature required or permitted to be placed thereon must be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. Interest coupons must bear the original or facsimile signature of the chairman of the board.
4. The form and terms of the bonds, including provisions for their payment and redemption, must be determined by the board. If the board so determines, the bonds may be redeemable before maturity upon payment of a premium, not exceeding 9 percent of the principal thereof.
Sec. 65. NRS 563.221 is hereby amended to read as follows:
563.221 1. The executive director of the state department of agriculture shall deposit the money of the council with the state treasurer for credit to the account of the council in the fund for the promotion of beef . [promotion fund.]
2. The state treasurer shall disburse the money of the council on the order of the council.
3. Claims against the account of the council must be paid as other claims against the state are paid.
κ1987 Statutes of Nevada, Page 728 (CHAPTER 321, AB 779)κ
Sec. 66. NRS 624.330 is hereby amended to read as follows:
624.330 This chapter does not apply to:
1. Work done exclusively by an authorized representative of the United States Government, the State of Nevada, or any incorporated town, city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
2. Officers of a court when they are acting within the scope of their office.
3. Work done exclusively by public utilities operating under the regulations of the public service commission of Nevada on construction, maintenance and development work incidental to their own business.
4. Owners of property building or improving residential structures thereon for the occupancy of [such] the owner and not intended for sale.
5. The sale or installation of any finished products, materials or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure.
6. Any construction, alteration, improvement or repair of personal property.
7. Any construction, alteration, improvement or repair financed in whole or in part by the Federal Government and carried on within the limits and boundaries of any site or reservation, the title of which rests in the Federal Government.
8. Owners of property, the primary use of which is as an agricultural or farming enterprise, building or improving structures thereon for the use or occupancy of the owner and not intended for sale or lease.
9. An owner of property who builds or improves structures upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for [such] the building or improvement, if [such] the owner is and remains financially responsible for the building or improving of all buildings and structures built by [such] the owner upon his property pursuant to the exemption of this subsection.
Sec. 67. 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] in the course of any investigation conducted pursuant to NRS 630.311,
upon the request of any of them. The records must be made available at a place within the depository convenient for physical inspection and inspection 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.
κ1987 Statutes of Nevada, Page 729 (CHAPTER 321, AB 779)κ
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 in accordance with the provisions of this section 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. 68. NRS 630.003 is hereby amended to read as follows:
630.003 The legislature finds and declares that 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. 69. (Deleted by amendment.)
Sec. 70. NRS 639.1373 is hereby amended to read as follows:
639.1373 1. A physicians assistant may, if authorized by the board, possess, administer or dispense controlled substances, poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physicians assistants certificate as issued by the board.
2. Each physicians assistant who is authorized by his physicians assistants certificate issued by the [state] board of medical examiners or the state board of osteopathic medicine to possess, or administer or dispense controlled substances, or poisons, or dangerous drugs or devices must apply for and obtain a registration certificate from the board and pay a fee to be set by regulations adopted by the board before he can possess, administer or dispense controlled substances, poisons, dangerous drugs or devices.
3. The board shall consider each application separately and may, even though the physicians assistants certificate issued by the [state] board of medical examiners or the state board of osteopathic medicine authorizes the physicians assistant to possess, administer or dispense controlled substances, poisons, dangerous drugs and devices:
(a) Refuse to issue a registration certificate;
κ1987 Statutes of Nevada, Page 730 (CHAPTER 321, AB 779)κ
(b) Issue a registration certificate limiting the physicians assistants authority to possess, administer or dispense controlled substances, poisons, dangerous drugs or devices, the area in which the physicians assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or
(c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.
4. If the registration of the physicians assistant is suspended or revoked, the physicians controlled substance registration may also be suspended or revoked.
5. The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances, poisons, dangerous drugs and devices by physicians assistants. In the adoption of such regulations, the board shall consider, but is not limited to, the following:
(a) The area in which the physicians assistant is to operate;
(b) The population of that area;
(c) The experience and training of the physicians assistant;
(d) The distance to the nearest hospital and physician; and
(e) The effect on the health, safety and welfare of the public.
6. For the purposes of this section, the term physicians assistant includes an osteopathic physicians assistant and the terms supervising physician includes an employing osteopathic physician as defined in chapter 633 of NRS.
Sec. 71. NRS 643.019 is hereby amended to read as follows:
643.019 This chapter [shall] does not apply:
1. To [licensed hairdressers and cosmeticians.] persons licensed pursuant to chapter 644 of NRS.
2. To embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.
Sec. 72. NRS 643.179 is hereby amended to read as follows:
643.179 1. The board shall not refuse to issue or renew any license to operate a barber school, or revoke or suspend any such license already issued, except upon 20 days notice in writing to the interested parties.
2. The notice [shall] must contain a brief statement of the reasons for the contemplated action of the board and shall designate a proper time and place for the hearing of all interested parties before any final action is taken.
3. Due notice, within the provisions of subsection 1, shall be deemed to have been given when the board [shall have mailed in a United States post office] deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the person applying for [such] the license or to whom [such] the license has already been issued.
κ1987 Statutes of Nevada, Page 731 (CHAPTER 321, AB 779)κ
Sec. 73. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person [desiring] wishing to operate a facility for [demonstration] demonstrations or a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.
2. Upon receipt by the board of the application accompanied by the required fees for inspection and licensing, the board shall inspect the establishment to ensure that it complies with the requirements of this chapter and the regulations adopted by the board. If the establishment meets those requirements, the board shall issue to the applicant the required license.
3. The fee for a license for a facility for demonstrations or a cosmetological establishment is $60. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.
Sec. 74. NRS 644.387 is hereby amended to read as follows:
644.387 Every cosmetological establishment which exacts a fee for the teaching of any branch of cosmetology, except the teaching of [junior operators] cosmetologists apprentices in any branch of cosmetology, is a school of cosmetology and shall comply with the provisions of NRS 644.400 and the regulations adopted by the board.
Sec. 75. NRS 644.440 is hereby amended to read as follows:
644.440 1. Except as otherwise provided in subsection 3, the board may refuse to issue or renew any license or revoke or suspend any license already issued, only upon 20 days notice in writing to the interested parties. The notice must contain a brief statement of the reasons for the contemplated action of the board and designate a proper time and place for the hearing of all interested parties before any final action is taken.
2. Notice, within the provisions of subsection 1, shall be deemed to have been given when the board [places in a] deposits with the United States [post office] Postal Service a copy of the notice, addressed to the designated or last known residence of the applicant or licensee.
3. Violations of any regulation of the board for sanitation or of any statute or regulation of the state board of health or any county regulation concerning health may be corrected by any inspector of the board by giving notice in the form of a citation. Any licensee receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours after receipt of the citation subjects the license to immediate suspension. The board may then give 20 days notice for hearing to show cause why the license should not be permanently revoked.
4. The closure of any establishment, facility or school by the state board of health acts as an automatic revocation of the license.
Sec. 76. NRS 645.004 is hereby amended to read as follows:
645.004 1. Advance fee listing includes, but is not limited to:
κ1987 Statutes of Nevada, Page 732 (CHAPTER 321, AB 779)κ
(a) The name or a list of the names of the owners, landlords, exchangers or lessors, or the location of property or a business, or of an interest therein, offered for rent, sale, lease or exchange.
(b) The name, or a list of the names, or the location at which prospective or potential purchasers, buyers, lessees, tenants or [changers] exchangers of property may be communicated with or found.
(c) An agreement by which a person who is engaged in the business of promoting the sale or lease of businesses or real estate agrees to render to an owner or lessee of the property any services, to promote the sale or lease of the property, for an advance fee.
(d) An agreement by which a person agrees to locate or promote the sale or lease of a business or real estate for an advance fee.
2. The term does not include publications intended for general circulation.
Sec. 77. NRS 654.130 is hereby amended to read as follows:
654.130 The board shall:
1. Maintain a register of all applications for licensure as a nursing facility administrator showing:
(a) The name, age and place of residence of the applicant.
(b) The name and address of the facility for skilled nursing or facility [or] for intermediate care [facility] of which the applicant is to be administrator.
(c) The date of the application.
(d) The date on which the application was reviewed and the action taken on the application.
(e) The serial number of the license, if any, issued to the applicant.
(f) Such other information as the board may deem pertinent.
2. Maintain a current register of all nursing facility administrators licensed under this chapter showing the status of each license.
Sec. 78. NRS 670A.150 is hereby amended to read as follows:
670A.150 In furtherance of its purposes and in addition to the powers conferred on business corporations by law, the corporation may, subject to the restrictions and limitations contained in this chapter:
1. Elect, appoint and employ officers, agents and employees, make contracts, including without limitation, contracts to share personnel and services with other public or private entities [for the purpose of effectuating] to carry out the state plan for economic development, and may incur liabilities for any of the purposes of the corporation. The corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any natural person, firm, corporation, joint-stock company, association or trust, or in any other manner, except that the corporation may guarantee or endorse industrial revenue bonds, individually or in groups, issued under the laws of this state and the obligations of borrowers.
2. Borrow money and negotiate guarantees from federal agencies for any of the purposes of the corporation, issue its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and may secure them by mortgage, pledge, deed of trust or other lien on its property, franchises, rights and privileges of every kind and nature, or any part of them or interest in them, without securing stockholder approval.
κ1987 Statutes of Nevada, Page 733 (CHAPTER 321, AB 779)κ
franchises, rights and privileges of every kind and nature, or any part of them or interest in them, without securing stockholder approval.
3. Make loans to any natural person, firm, corporation, joint-stock company, association or trust, and may establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected therewith, except that the corporation shall not approve any application for a loan unless the person applying for the loan shows that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution.
4. Purchase, receive, hold, lease or otherwise acquire, and to sell, convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant to the property and the use of it, including but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.
5. Acquire the good will, business, rights, real and personal property and other assets, or any part of them, or interest in them, of any natural person, firm, corporation, joint-stock company, association or trust, and assume, undertake or pay the obligations, debts and liabilities of that natural person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate [for the purpose of constructing] to construct industrial plants or other business establishments on it or [for the purpose of disposing] to dispose of that real estate to others for the construction of industrial plants or other business establishments; and may acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease or otherwise dispose of industrial plants or business establishments.
6. Acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of any natural person, firm, corporation, joint-stock company, association or trust, and while the owner or holder thereof may exercise all the rights, powers and privileges of ownership including the right to vote thereon.
7. Mortgage, pledge or otherwise encumber any property, right or thing of value acquired pursuant to the powers contained in subsection 4, 5 or 6 as security for the payment of any part of the purchase price of them.
8. Cooperate with and avail itself of the facilities of the United States Department of Commerce, the [Nevada department of] commission on economic development and any other similar state or federal governmental agencies and may cooperate with and assist, and otherwise encourage organizations in the various communities of the state in the promotion, assistance and development of the business prosperity and economic welfare of those communities or of this state.
9. Do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
κ1987 Statutes of Nevada, Page 734 (CHAPTER 321, AB 779)κ
Sec. 79. NRS 670A.180 is hereby amended to read as follows:
670A.180 1. The business and affairs of the corporation must be managed and conducted by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and agents as the corporation by its bylaws may authorize. The board of directors shall consist of a number not less than 9 nor more than 15 as may be determined in the first instance by the incorporators and after that annually by the stockholders of the corporation. The director of the department of commerce and the executive director of the [department of] commission on economic development shall serve ex officio as nonvoting directors, but without any liability as such, except for gross negligence or willful misconduct.
2. The board of directors may exercise all the powers of the corporation except those conferred by law or by the bylaws of the corporation upon the stockholders and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which must be filled as provided in this section.
3. The voting directors must be elected in the first instance by the incorporators and after that at least five directors must be elected by the members of the corporation and at least two directors must be elected by the stockholders at the annual meeting. The annual meeting must be held during the month of January or, if no annual meeting is held in the year of incorporation, then within 90 days after the approval of the articles of incorporation at a special meeting as provided in this chapter.
4. The voting directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with the provisions of the bylaws.
5. Any vacancy in the office of a voting director must be filled by the directors.
6. Directors and officers are not responsible for losses unless the losses have been occasioned by the willful misconduct of those directors and officers.
Sec. 80. NRS 679B.140 is hereby amended to read as follows:
679B.140 1. Orders and notices of the commissioner [shall be] are effective only when in writing signed by him or by his authority.
2. Except as otherwise expressly provided by law as to particular orders, every order of the commissioner [shall] must state its effective date, and [shall] concisely state:
(a) Its intent or purpose;
(b) The grounds on which it is based; and
(c) The provisions of this code pursuant to which action is taken or proposed to be taken [;] but failure to so designate a particular provision [shall] does not deprive the commissioner of the right to rely thereon.
3. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to [such] that person at his principal place of business or residence as last of record in the division.
κ1987 Statutes of Nevada, Page 735 (CHAPTER 321, AB 779)κ
business or residence as last of record in the division. The order or notice shall be deemed to have been given when deposited [in a mail depository of] with the United States [post office,] Postal Service, and of which the affidavit of the [individual] person who so mailed the order or notice [shall be] is prima facie evidence.
Sec. 81. NRS 683A.350 is hereby amended to read as follows:
683A.350 1. Every nonresident licensed by this state as an agent or broker under NRS 683A.340 shall appoint the commissioner in writing as his attorney upon whom may be served all legal process issued in connection with any action or proceeding brought or pending in this state against or involving the licensee and relating to transactions under his Nevada license. The appointment [shall be] is irrevocable and [shall continue] continues in force for so long as any such action or proceeding [could] may arise or exist. Duplicate copies of process [shall] must be served upon the commissioner [,] or other [individual] person in apparent charge of the division during the commissioners absence, accompanied by payment of the fee for service of process [fee] as specified in NRS 680B.010 . [(fee schedule).] Upon such service the commissioner shall promptly forward a copy of the process by certified mail [(] with return receipt requested [)] to the nonresident licensee at his business address last of record with the division. Process served and the copy thereof forwarded as provided in this subsection [shall] constitutes for all purposes [constitute] personal service thereof upon the licensee.
2. Every such licensee shall likewise file with the commissioner his written agreement to appear before the commissioner pursuant to notice of hearing, show cause order or subpena issued by the commissioner and deposited, postage paid, by certified mail [in a letter depository of] with the United States [post office,] Postal Service, addressed to the licensee at his address last of record in the division, and that upon failure of the licensee so to appear the licensee thereby consents to any subsequent suspension, revocation or refusal of the commissioner to continue the licensees license.
Sec. 82. NRS 690B.050 is hereby amended to read as follows:
690B.050 1. Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS for a breach of his professional duty toward a patient shall report to the commissioner within 30 days each settlement or award made or judgment rendered by reason of a claim, giving the name and address of the claimant and physician and the circumstances of the case.
2. The commissioner shall report to the board of medical examiners , [of the State of Nevada,] within 30 days after receiving the report of the insurer, each claim made and each settlement, award or judgment.
Sec. 83. NRS 704A.300 is hereby amended to read as follows:
704A.300 1. The service facilities within the boundaries of each lot within an underground conversion service district [shall] must be placed underground at the same time as or after the underground system in private easements and public places is placed underground.
κ1987 Statutes of Nevada, Page 736 (CHAPTER 321, AB 779)κ
easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the rules and regulations of the public utility corporation, but subject to the regulations of the public service commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, subject to any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot in the case of:
(a) An electric public utility, up to the service entrance.
(b) A communication public utility, to the connection point within the house or structure.
2. All costs or expenses of conversion [shall] must be included in the costs on which the underground conversion cost for such property is calculated, as provided in this chapter.
Sec. 84. NRS 705.421 is hereby amended to read as follows:
705.421 The department of transportation:
1. Shall develop, in conjunction with the public service commission [,] of Nevada, a state plan for rail service; and
2. May carry out the plan, including projects to:
(a) Preserve rail lines;
(b) Rehabilitate rail lines [in order] to improve service; and
(c) Restore or improve freight service on rail lines which are potentially subject to abandonment.
Sec. 85. NRS 706.251 is hereby amended to read as follows:
706.251 1. Every person operating a vehicle used by any motor carrier under the jurisdiction of the [public service] commission shall forthwith report each accident occurring on the public highway, wherein the vehicle may have injured the person or property of some person other than the person [or persons] or property carried by the vehicle, to the sheriff or other peace officer of the county where the accident occurred. If the accident immediately or proximately causes death, the person in charge of the vehicle, or any officer investigating the accident, shall furnish to the commission such detailed report thereof as required by the commission.
2. All accident reports required in this section [shall] must be filed in the office of the commission and there preserved. An accident report made as required by this chapter, or any report of the commission made pursuant to any accident investigation made by it, is not open to public inspection and [shall] must not be disclosed to any person, except upon order of the commission. [Such reports shall] The reports must not be admitted as evidence or used for any purpose in any action for damages growing out of any matter mentioned in the accident report or report of any such investigation.
Sec. 86. NRS 706.441 is hereby amended to read as follows:
706.441 1. No common, contract or private motor carrier of property may transport radioactive waste upon the highways of this state unless he obtains from the commission a permit specifically allowing him to transport radioactive waste.
κ1987 Statutes of Nevada, Page 737 (CHAPTER 321, AB 779)κ
obtains from the commission a permit specifically allowing him to transport radioactive waste. An interstate common or contract carrier must register with the commission the certificate issued to him by the Interstate Commerce Commission when he applies for such a permit.
2. The commission shall issue a permit to a carrier allowing him to transport radioactive waste if the carrier:
(a) Registers his certificate issued by the Interstate Commerce Commission and complies with the regulations of the [public service] commission respecting the registration of interstate carriers; or
(b) Demonstrates to the satisfaction of the [public service] commission that he complies and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transport of radioactive waste and the safety of drivers and vehicles.
3. A carrier of radioactive waste shall reject any package containing [such] the waste which is tendered to him for transport in this state if the package is leaking or spilling its contents, or does not bear a shipping label or is not accompanied by a bill of lading or other shipping document in a form prescribed by the regulations of the state board of health. A carrier who accepts [such] the waste for transport in this state is liable for any package in his custody which leaks or spills its contents, does not bear the required shipping label or is not accompanied by the required shipping documents, unless, in the case of a leak or spill of [such] the waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.
4. A carrier of radioactive waste [shall] must notify the commission not less than 4 nor more than 48 hours before he begins to transport the waste in this state.
5. A carrier need not obtain the permit required by this section if he has been exempted from licensing by the health division of the department of human resources because he transports only radioactive waste the possession of which has been exempted from licensure pursuant to the regulations of the state board of health.
6. The commission may revoke a certificate issued pursuant to this chapter, and shall revoke a permit to transport radioactive waste issued pursuant to this section, or in the case of a carrier whose certificate is issued by the Interstate Commerce Commission it may file a complaint with that commission, if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of the state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.
Sec. 87. NRS 709.145 is hereby amended to read as follows:
709.145 1. Any political subdivision of the State of Nevada which operates or controls a water company, or the board of county commissioners of any county from which a franchise has been obtained, pursuant to NRS 709.050 to 709.170, inclusive, by a water company exempt from regulation by the public service commission of Nevada, may contract with the public service commission of Nevada for rate determination assistance, engineering services [,] or financing advice concerning [such] that water company.
κ1987 Statutes of Nevada, Page 738 (CHAPTER 321, AB 779)κ
service commission of Nevada for rate determination assistance, engineering services [,] or financing advice concerning [such] that water company.
2. Any such contract does not divest a political subdivision or a board of county commissioners of any of its jurisdiction over [such] that water company.
3. The public service commission of Nevada may charge a reasonable fee for [such] those services.
Sec. 88. NRS 711.030 is hereby amended to read as follows:
711.030 Community antenna television company means any person or organization which owns, controls, operates or manages a community antenna television system, except that [such] the definition does not include:
1. A telephone, telegraph or electric utility regulated by the public service commission of Nevada where the utility merely leases or rents to a community antenna television company wires or cables for the redistribution of television signals to or toward subscribers of that company; or
2. A telephone or telegraph utility regulated by the public service commission of Nevada where the utility merely provides channels of communication under published tariffs filed with [the] that commission to a community antenna television company for the redistribution of television signals to or toward subscribers of that company.
Sec. 89. NRS 711.240 is hereby amended to read as follows:
711.240 1. Except with respect to reasonable promotional activities, a person shall not advertise, offer to provide or provide any service to subscribers of television services at a rate, including any rebate, less than the cost to the company to provide the service which is advertised, offered or provided with the intent to:
(a) Impair fair competition or restrain trade among companies which provide services in the same area; or
(b) Create a monopoly.
2. For the purposes of this section, cost means the expense of doing business including, without limitation, expenses for labor, rent, depreciation, interest, maintenance, delivery of the service, franchise fees, taxes, insurance and advertising.
3. [A] It is unlawful for a community antenna television company [shall not] to offer any services which are offered in the same area by a telephone company pursuant to rates or regulations approved by the public service commission [.] of Nevada.
4. A violation of subsection 1 constitutes a prohibited act under NRS 598A.060. The attorney general and any other person may exercise the powers conferred by that chapter to prevent, remedy or punish such a violation. The provisions of chapter 598A of NRS apply to any such violation.
Sec. 90. Section 2 of chapter 462, Statutes of Nevada 1975, as amended by chapter 428, Statutes of Nevada 1979, at page 769, is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 739 (CHAPTER 321, AB 779)κ
Sec. 2. [Division means the division of Colorado River resources of the department of energy.] Commission means the Colorado River commission.
Sec. 91. Section 4 of chapter 462, Statutes of Nevada 1975, as amended by chapter 428, Statutes of Nevada 1979, at page 769, is hereby amended to read as follows:
Sec. 4. 1. The [division,] commission, on the behalf and in the name of the State of Nevada, may by order of the [administrator of the division,] director of the commission, following a report by the [administrator] director which advises the legislative commission of any proposed purchase of land and terms of [such] that purchase between the Secretary of the Interior and the [division] commission acting on behalf of the state:
(a) Acquire, hold, maintain and improve the federal lands;
(b) Acquire, hold, maintain, improve and, if he receives the approval required by subsection 2, dispose of properties appertaining to the federal lands to be acquired, including without limitation, water and water rights for the benefit and welfare of the people of the state;
(c) Acquire the federal lands, wholly or in part, directly by contracts with the Federal Government which comply with the prerequisites enumerated in P.L. 85-339, March 6, 1958; 72 Stat. 32, and NRS 321.400 to 321.460, inclusive; and
(d) Borrow money and otherwise become obligated in a total principal amount of not exceeding $2,000,000 to defray wholly or in part the cost of acquiring the federal lands, including but not limited to, the cost of paying the interest on [said] that principal amount for a period not to exceed 3 years from the date of issue, and issue state securities to evidence [such] those obligations.
2. The [administrator] commission may dispose of land, water or water rights only after receiving the approval of the legislative commission.
Sec. 92. Section 5 of chapter 462, Statutes of Nevada 1975, as amended by chapter 428, Statutes of Nevada 1979, at page 770, is hereby amended to read as follows:
Sec. 5. 1. Subject to the limitations as to maximum principal amounts in section 4 of this act, the [division] commission may issue to defray the costs of the project, or any part thereof, at any time or from time to time after the effective date of this act, but not after 20 years from the effective date thereof and in accordance with the provisions of the State Securities Law:
(a) General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues;
(b) Revenue bond and other securities constituting special obligations and payable from net pledged revenues; or
(c) Any combination of [such] those securities.
κ1987 Statutes of Nevada, Page 740 (CHAPTER 321, AB 779)κ
2. Nothing in this act [shall prevent the division] prevents the commission from funding, refunding or reissuing any outstanding state securities issued by the [division] commission at any time as provided in the State Securities Law.
3. Subject to existing contractual obligations, the net revenues pledged for the payment of state securities by the [division] commission may be derived from the sale of all or any part of the federal lands to be acquired by the [division] commission on behalf of the State of Nevada with the proceeds of the securities to be issued hereunder.
Sec. 93. Section 4 of chapter 40, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 4. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.031 to 41.039, inclusive, and sections 2 and 3 of this act, the term political subdivision includes a fire protection district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.
Sec. 94. Section 53 of Assembly Bill No. 40 of this session is hereby amended to read as follows:
Sec. 53. NRS 293.335 is hereby amended to read as follows:
293.335 When all absent ballots delivered to precinct or district election boards have been either voted or rejected , the empty envelopes and the envelopes containing rejected ballots must be returned to the county or city clerk. On all envelopes containing rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.
Sec. 95. NRS 543.160 and 711.260 are hereby repealed.
Sec. 96. This act becomes effective upon passage and approval.
________
Senate Bill No. 288Committee on Taxation
CHAPTER 322
AN ACT relating to taxes on motor vehicle fuel; adjusting the formula for computing the amount of taxes paid annually on fuel used in watercraft; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.535 is hereby amended to read as follows:
365.535 1. It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel [tax] paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.
κ1987 Statutes of Nevada, Page 741 (CHAPTER 322, SB 288)κ
recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.
2. The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the department by use of the following formula:
(a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;
(b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and
(c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times [12 cents per gallon,] the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the dealer pursuant to NRS 365.330.
3. The department of wildlife shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution , [ratio as defined in subsection 4,] in writing, to the department of wildlife and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.
4. In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive, allocate the [remittances and deposits made] amount determined pursuant to [subsections 1 and] subsection 2, in proportions directed by the legislature, to:
(a) The wildlife account in the state general fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of this money declared by the department of wildlife to be in excess of its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).
κ1987 Statutes of Nevada, Page 742 (CHAPTER 322, SB 288)κ
(b) The parks marina development fund which is hereby created as a special revenue fund for use by the division of state parks of the state department of conservation and natural resources. All money so deposited to the credit of the division of state parks may be expended only as authorized by the legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating.
5. [Remittances and deposits required to be made by] Money that the state treasurer is required to allocate pursuant to the provisions of subsection 4 may be [made] paid quarterly or oftener if convenient to the state treasurer.
________
Senate Bill No. 568Committee on Finance
CHAPTER 323
AN ACT relating to projects for capital improvements; authorizing the state public works board to transfer to a certain project money saved from previous appropriations for certain other projects; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 509, Statutes of Nevada 1985, at page 1557, is hereby amended to read as follows:
Sec. 2. 1. The $1,035,047 which is appropriated but not assigned to a specific project by section 1 of this act may be used for any of the projects listed in that section within the limits of the permissible expenditures.
2. With the approval of the interim finance committee, the state public works board may transfer money from one project to another within the same state agency or within the University of Nevada System.
3. The state public works board may transfer any money, not to exceed a total amount of $135,700, saved from the amounts appropriated for the projects described in section 1 of this act as Projects 85-25, 85-28, 85-31, 85-34, 85-36, 85-37, 85-44, 85-46, 85-52 and 85-60, and from the amount appropriated in that section for the remodeling at Stewart, to Project 85-30, a motor pool at Carson City.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 743κ
Assembly Bill No. 673Committee on Government Affairs
CHAPTER 324
AN ACT relating to employees of local governments; permitting a city to designate in its charter the proper officer to negotiate collective bargaining agreements; amending the charter of the City of North Las Vegas to designate the city manager as that officer; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as provided in subsection 4, [it is the duty of] every local government employer [to] shall negotiate in good faith through [a representative or] one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached [shall] must be reduced to writing. [Where] Except as otherwise provided in the charter of a city, where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, [such officer] he is the proper person to negotiate, directly or through [a representative or] one or more representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative [or representatives] any matter beyond the scope of his authority.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or work week.
(h) Total number of days work required of an employee in a work year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
κ1987 Statutes of Nevada, Page 744 (CHAPTER 324, AB 673)κ
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Procedures for reduction in work force.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of funds, subject to paragraph (t) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation work load factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. [Such] Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection [shall] must not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate [such] those matters.
7. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. [shall] remain negotiable.
Sec. 2. The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding to Article 9 thereof a new section to be designated as section 9.030, immediately following section 9.020, to read as follows:
κ1987 Statutes of Nevada, Page 745 (CHAPTER 324, AB 673)κ
Sec. 9.030 Collective bargaining.
1. The city council shall recognize employee organizations for the purpose of collective bargaining pursuant to chapter 288 of NRS.
2. The city manager is responsible for and shall direct all collective bargaining with recognized employee organizations. The city manager may designate any administrative officer subject to his direction and supervision as his representative for the purpose of those negotiations.
3. Any agreement resulting from those negotiations must be ratified by the city council before it is effective.
________
Assembly Bill No. 677Committee on Judiciary
CHAPTER 325
AN ACT relating to mentally ill persons; authorizing the district court to order the sealing of records relating to a person admitted to a public or private mental health facility or hospital; establishing the procedure to be followed in such cases; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act:
1. Seal means placing records in a separate file or other repository not accessible to the general public.
2. Substantial remission means that a person professionally qualified in the field of psychiatric mental health has evaluated the client and found, for at least 2 years, no evidence of continuing mental illness which would indicate the clients need for psychiatric medication, psychotherapy or other services related to his mental health.
Sec. 3. Any person who is admitted to a public or private hospital or mental health facility in this state either voluntarily or as the result of a noncriminal proceeding, and who has been released as recovered or with his illness in substantial remission, may file a verified petition for the sealing of all court and clinical records relating to his admission and treatment.
Sec. 4. A petition filed pursuant to section 3 of this act must:
1. Be filed with the district court of the county where the petitioner resides or, if the petitioners admission was involuntary, with the district court which ordered the admission.
2. Set forth the facts bringing the petitioner within the purview of that section.
κ1987 Statutes of Nevada, Page 746 (CHAPTER 325, AB 677)κ
3. Be accompanied by the affidavit of a psychiatrist, certified psychologist, or physician qualified in the field of psychiatric mental health who has examined the petitioner. The affidavit must:
(a) Summarize the professional qualifications of the affiant;
(b) Set forth the date or dates on which he examined the petitioner; and
(c) State that, in the opinion of the affiant, the petitioner has recovered or his illness is in substantial remission.
Sec. 5. 1. Upon the filing of a petition, the court shall fix a time, not less than 10 days nor more than 30 days thereafter, for the hearing of the matter. The court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing, and requiring the person served with the notice to appear before the court at the hearing if he desires to oppose the petition.
2. A copy of the notice, together with a copy of the petition, must be served by the petitioner upon the medical director of each hospital or mental health facility to which the petitioner was admitted.
Sec. 6. 1. At the time stated in the notice, or at the earliest time thereafter to which the hearing is postponed, the court shall proceed to hear the petition.
2. If, after the hearing, the court is satisfied that the matters set forth in the petition and supporting affidavit are true, and no reason appears to the contrary, the court shall order all court and clinical records relating to the petitioners admission and treatment sealed.
3. The clerk shall send a certified copy of the order to each facility and hospital named therein. Each recipient of the order shall, within 5 days after receipt of the order:
(a) Seal all records in its custody, as directed by the order.
(b) Advise the court of its compliance.
(c) Seal the copy of the order that it received.
Sec. 7. 1. If the court orders records of admission and treatment sealed pursuant to section 6 of this act, the petitioners admission is deemed never to have occurred, and the petitioner may answer accordingly any question related to its occurrence.
2. If the records are sealed, the petitioner may thereafter petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.
3. The court may, upon the application of a district attorney or an attorney representing the petitioner in a criminal action, permit an inspection of the records.
4. If, after the sealing of the records, the petitioner is being treated by a physician or certified psychologist, the physician or psychologist may obtain a copy of the petitioners records from the hospital or facility. Any records so obtained must be used solely for the treatment of the petitioner.
Sec. 8. NRS 433A.360 is hereby amended to read as follows:
433A.360 A clinical record for each client [shall] must be diligently maintained. The record [shall] must include information pertaining to the clients admission, legal status, treatment and individualized habilitation plan.
κ1987 Statutes of Nevada, Page 747 (CHAPTER 325, AB 677)κ
clients admission, legal status, treatment and individualized habilitation plan. The clinical record [shall not be] is not a public record and no part of it [shall] may be released, except:
1. The record may be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.
2. The record [shall] must be produced in response to a subpena , unless it has been sealed pursuant to section 6 of this act, or released to persons authorized by order of court.
3. The record or any part thereof may be disclosed to a qualified staff member of a division facility or an employee of the division when the administrator deems it necessary for the proper care of the client.
4. Information from the clinical records may be used for statistical and [evaluation] evaluational purposes if the information is abstracted in such a way as to protect the identity of individual clients.
5. To the extent necessary for a client to make a claim or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.
________
Assembly Bill No. 327Committee on Commerce
CHAPTER 326
AN ACT relating to the disposition of unclaimed property; expanding the class of property presumed abandoned; reducing the holding period for certain property; increasing the minimum value on property required to be reported and on items that may be reported in the aggregate; revising the time for the holder to report or deliver certain property to the division of unclaimed property; prescribing the manner for the sale of abandoned securities; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 120A.160 is hereby amended to read as follows:
120A.160 The following property held or owing by a banking or financial organization or by a business association is presumed abandoned:
1. Any demand, savings or matured time deposit or other certificate of deposit with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld, including a deposit that is automatically renewable, and any money paid toward the purchase of a share, a mutual investment certificate or any other interest in a banking or financial organization, unless the owner has within 5 years:
(a) In the case of a deposit, increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;
κ1987 Statutes of Nevada, Page 748 (CHAPTER 326, AB 327)κ
deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(b) Communicated in writing with the banking organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization;
(d) Owned other property to which paragraph (a), (b) or (c) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or
(e) Had another relationship with the banking or financial organization concerning which the owner has:
(1) Communicated in writing with the banking or financial organization; or
(2) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.
For the purposes of this subsection, property includes interest and dividends.
2. Any property described in subsection 1 that is automatically renewable is matured for purposes of subsection 1 upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in NRS 120A.320, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.
3. Any sum payable on a check certified in this state or on a written instrument issued in this state on which a banking or financial organization or business association is directly liable, including any draft or [money order,] cashiers check, which has been outstanding for more than [7 years from] 5 years after the date it was payable, or [from] after the date of its issuance if payable on demand, or any sum payable on a money order which has been outstanding for more than 7 years after its issuance, or any sum payable on a travelers check which has been outstanding for more than 15 years [from] after the date of its issuance, unless the owner has within the specified period corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.
κ1987 Statutes of Nevada, Page 749 (CHAPTER 326, AB 327)κ
organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.
4. Any money or other personal property, tangible or intangible, removed from a safe-deposit box or any other safekeeping repository on which the lease or rental period has expired because of nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than 5 years from the date on which the lease or rental period expired. A safe-deposit box for which no rent is charged or which is provided to the user because of a specific amount deposited with a banking or financial organization or business association is presumed abandoned at the same time as the account for which it was given.
Sec. 2. NRS 120A.190 is hereby amended to read as follows:
120A.190 1. Any stock or other intangible interest, or any dividend, profit, distribution, interest, payment on principal or other sum held or owing by a business association is presumed abandoned if, within [7] 5 years after the date prescribed for payment or delivery the shareholder, certificate holder, member, bondholder, other security holder or the participating patron of a cooperative has not claimed the property, corresponded in writing with the business association or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the association. As to that property, the business association shall be deemed to be the holder.
2. Any dividend, profit, interest or other distributions held for or owing to a person at the time the stock or other property to which they attach are presumed to be abandoned shall be deemed to be abandoned at the same time as the stock or other property.
3. This section does not apply to any stock or other intangible interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the administrator of the plan show, with respect to any intangible interest not enrolled in the reinvestment plan, that the owner has not within [7] 5 years communicated in any manner described in subsection 1.
Sec. 3. NRS 120A.210 is hereby amended to read as follows:
120A.210 All intangible personal property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within [7] 5 years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary:
1. If the property is held by a banking organization or a financial organization or by a business association organized under the laws of or created in this state;
κ1987 Statutes of Nevada, Page 750 (CHAPTER 326, AB 327)κ
2. If it is held by a business association doing business in this state but not organized under the laws of or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in this state; or
3. If it is held in this state by any other person.
Sec. 4. NRS 120A.220 is hereby amended to read as follows:
120A.220 All intangible personal property held for the owner by any court, public corporation, public authority or public officer [of this state,] , an appointee thereof, a federal or state governmental entity or a political subdivision thereof, that has remained unclaimed by the owner for more than [7 years is presumed abandoned.] 5 years after it became payable or distributable is presumed abandoned and subject to the provisions of this chapter if:
1. The last known address or residence of the owner of the property is in this state; or
2. The property is otherwise abandoned in this state.
This section does not apply to refunds held by the public service commission of Nevada pursuant to NRS 703.374.
Sec. 5. NRS 120A.230 is hereby amended to read as follows:
120A.230 All intangible personal property not otherwise covered by this chapter, including any income or increment thereon and deducting any lawful charges, that is held or owing in this state in the ordinary course of the holders business and has remained unclaimed by the owner for more than [7] 5 years after it became payable or distributable is presumed abandoned.
Sec. 6. NRS 120A.250 is hereby amended to read as follows:
120A.250 1. Every person holding money or other property presumed abandoned under this chapter shall make a verified report to the division with respect to the property.
2. The report must include:
(a) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of [$25] $50 or more presumed abandoned under this chapter.
(b) In case of unclaimed money held by an insurance company, the full name of the insured or annuitant and his last known address according to the corporations records.
(c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under [$25] $50 each may be reported in the aggregate.
(d) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property.
(e) Other information which the administrator prescribes by regulation as necessary for the administration of this chapter.
3. If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property.
κ1987 Statutes of Nevada, Page 751 (CHAPTER 326, AB 327)κ
other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property.
4. The report must be filed before November 1 of each year for the preceding fiscal year ending June 30 except that the report of an insurance company must be filed before May 1 of each year for the preceding calendar year. The administrator may, in writing, postpone the reporting date upon written request by any person required to file a report.
5. Verification of the report, if made by [a] :
(a) A partnership, must be executed by a partner . [; if made by an]
(b) An unincorporated association or private corporation, must be executed by an officer . [; and if made by a]
(c) A public entity or corporation, must be executed by its chief fiscal officer.
Sec. 7. NRS 120A.260 is hereby amended to read as follows:
120A.260 1. If the holder of property presumed abandoned under this chapter knows the whereabouts of the owner and if the owners claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.
2. The administrator may, by regulation, prescribe a form on which the owner may indicate his interest in maintaining the deposit, shares or account. If a form is so prescribed, the holder shall send the form to each owner whose balance is more than [$25,] $50, not less than 6 nor more than 12 months before [the time when] the holders report is due. If the owner fills out, signs and returns the form to the holder, this action prevents abandonment from being presumed. The administrator may, by regulation, authorize the holder to impose a charge of not more than a prescribed amount upon the owners deposit, shares or account for the expense of mailing the form. In the absence of a regulation prescribing the maximum charge, the holder may impose a charge of not more than $2.
Sec. 8. NRS 120A.280 is hereby amended to read as follows:
120A.280 1. Within 180 days after the filing of the report required by NRS 120A.250, the administrator shall cause notice to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his principal place of business within this state.
2. The published notice must be entitled Notice of Names of Persons Appearing To Be Owners of Abandoned Property, and must contain:
(a) The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county.
(b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any [persons] person possessing an interest in the property by addressing an inquiry to the division.
κ1987 Statutes of Nevada, Page 752 (CHAPTER 326, AB 327)κ
the property and the name and address of the holder may be obtained by any [persons] person possessing an interest in the property by addressing an inquiry to the division.
(c) A statement of the provisions of subsection 3.
3. If proof of the claim is not presented by the owner to the holder and if the owners right to receive the property is not established to the holders satisfaction within 60 days after the date of the second published notice, the abandoned property will be placed not later than 80 days after the publication date in the custody of the division, to which all further claims must thereafter be directed.
4. The administrator is not required to publish in the notice any item valued at less than [$25] $50 unless he deems the publication to be in the public interest.
Sec. 9. NRS 120A.290 is hereby amended to read as follows:
120A.290 1. Within 180 days after receiving the report required by NRS 120A.250, the administrator shall mail a notice to each person having an address listed therein who appears to be entitled to property of the value of [$25] $50 or more presumed abandoned under this chapter.
2. The mailed notice must contain:
(a) A statement that, according to a report filed with the division, property is being held to which the addressee appears entitled.
(b) The name and address of the person holding the property and any necessary information regarding changes of name and address of the holder.
(c) A statement that if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the published notice, the property will be placed in the custody of the division, to which all further claims must be directed.
3. This section is not applicable to sums payable on travelers checks or money orders presumed abandoned under NRS 120A.160.
Sec. 10. NRS 120A.320 is hereby amended to read as follows:
120A.320 1. [Every] Except as otherwise provided in subsections 2 and 4, every person who has filed a report under NRS 120A.250 shall, within 20 days after the time specified in NRS 120A.280 for claiming the property from the holder or in the case of sums payable on travelers checks or money orders presumed abandoned under NRS 120A.160, within 20 days after the filing of the report, pay or deliver to the division all abandoned property specified in this report . [, except that if]
2. If an owner has established his right to receive any of the abandoned property to the holders satisfaction within the time specified in NRS 120A.280 or if it appears to the holder that for some other reason the presumption of abandonment is erroneous, the property will no longer be presumed abandoned and the holder need not pay or deliver it to the division , but shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment.
[2.] 3. The holder of an interest under NRS 120A.190 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the division.
κ1987 Statutes of Nevada, Page 753 (CHAPTER 326, AB 327)κ
issue certificates of ownership to the division. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the division, for any losses or damages resulting to any person by the issuance and delivery to the division of the duplicate certificate.
4. Property which is all probability will be presumed abandoned pursuant to NRS 120A.200 may, upon approval of the administrator, be reported and delivered by the holder to the division before the date it is statutorily presumed abandoned.
Sec. 11. NRS 120A.360 is hereby amended to read as follows:
120A.360 1. Except as otherwise provided in [subsection 4,] subsections 4 and 5, all abandoned property other than money delivered to the division under this chapter must, within 1 year after the delivery, be sold by the administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.
2. Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.
3. The purchaser at any sale conducted by the administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of title.
4. The administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer [such property] it to:
(a) The Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or
(b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada state museum or Nevada historical society.
An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
5. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:
(a) Over the counter at the prevailing price for that security at the time of sale; or
κ1987 Statutes of Nevada, Page 754 (CHAPTER 326, AB 327)κ
(b) By any other method the administrator deems acceptable.
Sec. 12. NRS 120A.370 is hereby amended to read as follows:
120A.370 1. There is hereby created in the state treasury the abandoned property trust fund.
2. All money received by the division under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the administrator in the state treasury for credit to the abandoned property trust fund.
3. Before making a deposit, the administrator [:
(a) Shall] shall record the name and last known address of each person appearing from the holders reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.
[(b) May deduct:
(1)]
4. The administrator may pay from money available in the abandoned property trust fund:
(a) Any costs in connection with the sale of abandoned property.
[(2)] (b) Any costs of mailing and publication in connection with any abandoned property.
[(3)] (c) Reasonable service charges.
[(4)] (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.
(e) Any valid claims filed pursuant to this chapter.
[4.] 5. At the end of each fiscal year the amount of the balance in the fund in excess of $100,500 must be deposited with the state treasurer for credit to the state general fund but remains subject to the valid claims of holders pursuant to NRS 120A.340 [.] or owners pursuant to NRS 120A.380.
6. If there is an insufficient amount of money in the abandoned property trust fund to pay any cost or charge pursuant to subsection 4, the state board of examiners may, upon the application of the administrator, authorize a temporary transfer from the state general fund to the abandoned property trust fund of an amount necessary to pay those costs or charges. The administrator shall repay the amount of the transfer as soon as sufficient money is available in the abandoned property trust fund.
Sec. 13. NRS 32.020 is hereby amended to read as follows:
32.020 1. In any receivership proceeding instituted in which a dividend [or dividends have] has been declared and ordered paid to creditors, any dividend which remains unclaimed for [7] 5 years reverts to the general fund of the estate and must be applied as follows:
(a) To the payment of costs and expenses of the administration of the estate and receivership.
(b) To a new dividend distributed to creditors whose claims have been allowed but not paid in full .
κ1987 Statutes of Nevada, Page 755 (CHAPTER 326, AB 327)κ
allowed but not paid in full . [, and after such] After those claims have been paid in full the balance is presumed abandoned under NRS 120A.210.
2. This section applies to any receivership proceeding which may be brought, and includes any bank, banking corporation, corporation, copartnership, company, association or natural person.
Sec. 14. NRS 607.170 is hereby amended to read as follows:
607.170 1. When the labor commissioner deems it necessary, he may take [assignments of wage and commission claims and prosecute actions] an assignment of a claim for wages and commissions and prosecute an action for collection of wages, commissions and other demands of [persons who are] any person who is financially unable to employ counsel in [cases] a case in which, in the judgment of the labor commissioner, the [claims] claim for wages or commissions [are] is valid and enforceable in the courts.
2. In all [wage or commission] matters relating to wages or commissions and before taking [such assignments,] any assignment, the labor commissioner may summon to appear before him, at a suitable place in the county of the [wage or commission claimant or claimants, his or their employer or employers] claimant, his employer and all other necessary persons for the purpose of adjusting and settling claims for wages or commissions before bringing suit therefor, and the labor commissioner may effect reasonable compromises of [such] those claims.
3. The labor commissioner or his deputy may maintain a commercial account with any bank within the state for the deposit of money collected for [wage or commission claims. Such] claims for wages or commissions. The money must be promptly paid to the [persons] person entitled thereto. At the end of each calendar year, any unclaimed money in the commercial account which has been a part of the account for [7] 5 years or more is presumed abandoned under NRS 120A.220.
________
Assembly Bill No. 748Committee on Judiciary
CHAPTER 327
AN ACT relating to corporations; conditions the exercise of voting rights of shares of stock acquired through certain corporate acquisitions upon the approval of stockholders; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. The provisions of sections 2 to 14, inclusive, of this act, are applicable to any acquisition of a controlling interest in an issuing corporation unless, before an acquisition is made, the articles of incorporation or bylaws of the corporation provide that the provisions of those sections do not apply.
κ1987 Statutes of Nevada, Page 756 (CHAPTER 327, AB 748)κ
corporation unless, before an acquisition is made, the articles of incorporation or bylaws of the corporation provide that the provisions of those sections do not apply.
Sec. 3. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 4. Acquiring person means any person who, individually or in association with others, acquires or offers to acquire, directly or indirectly, a controlling interest in an issuing corporation. The term does not include any person who, in the ordinary course of business and without an intent to avoid the requirements of sections 2 to 14, inclusive, of this act, acquires voting shares for the benefit of others, in respect of which he is not specifically authorized to exercise or direct the exercise of voting rights.
Sec. 5. 1. Except as provided in subsection 2, acquisition means the direct or indirect acquisition of a controlling interest.
2. Acquisition does not include any acquisition of shares in good faith, and without an intent to avoid the requirements of sections 2 to 14, inclusive, of this act:
(a) By an acquiring person authorized pursuant to sections 2 to 14, inclusive, of this act, to exercise voting rights, to the extent that the new acquisition does not result in the acquiring person obtaining a controlling interest greater than that previously authorized; or
(b) Pursuant to:
(1) The laws of descent and distribution;
(2) The enforcement of a judgment;
(3) The satisfaction of a pledge or other security interest; or
(4) A merger or reorganization effected in compliance with the provisions of NRS 78.450 to 78.485, inclusive, or 78.622, to which the issuing corporation is a party.
Sec. 5.5. Control shares means those outstanding voting shares of an issuing corporation which an acquiring person and those persons acting in association with an acquiring person:
1. Acquire in an acquisition or offer to acquire in an acquisition; and
2. Acquire within 90 days immediately preceding the date when the acquiring person became an acquiring person.
Sec. 6. Controlling interest means the ownership of outstanding voting shares of an issuing corporation sufficient, but for the provisions of sections 2 to 14, inclusive, of this act, to enable the acquiring person, directly or indirectly and individually or in association with others, to exercise:
1. One-fifth or more but less than one-third;
2. One-third or more but less than a majority; or
3. A majority or more,
of all the voting power of the corporation in the election of directors.
Sec. 7. Fair value means a value not less than the highest price per share paid by the acquiring person in an acquisition.
κ1987 Statutes of Nevada, Page 757 (CHAPTER 327, AB 748)κ
Sec. 8. Interested stockholder means a person who directly or indirectly exercises the voting power of an issuing corporation and who is:
1. An acquiring person;
2. An officer of the corporation; or
3. An employee and director of the corporation.
Sec. 9. Issuing corporation means a corporation which is organized in this state and which:
1. Has 200 or more stockholders, at least 100 of whom, as indicated by the stock ledger of the corporation, are residents of this state; and
2. Does business in this state directly or through an affiliated corporation.
Sec. 10. An acquiring person who has made or offered to make an acquisition of a controlling interest in an issuing corporation may deliver an offerors statement to the principal office of the corporation. The acquiring person may request in the statement that the directors of the corporation call a special meeting of the stockholders of the corporation, as provided in section 11 of this act. The statement must set forth:
1. A recital that the statement is given pursuant to this section;
2. The name of the acquiring person and of every person associated with him in the acquisition;
3. The number of shares in any class of voting securities owned, as of the date of the statement, by the acquiring person and each person with whom he is associated, or which the acquiring person intends to acquire;
4. The percentage of the voting securities of the corporation owned, as of the date of the statement, by the acquiring person and each person with whom he is associated, or which the acquiring person intends to acquire; and
5. If the acquiring person has not yet acquired the securities of the corporation, a detailed description of:
(a) The terms and conditions of the proposed acquisition; and
(b) The means by which any required consideration, and any indebtedness incurred to consummate the transaction, are to be paid.
Sec. 11. 1. An acquiring person and those acting in association with an acquiring person obtain only such voting rights in the control shares as are conferred by a resolution of the stockholders of the corporation, approved at a special or annual meeting of the stockholders.
2. If an acquiring person so requests in an offerors statement delivered pursuant to section 10 of this act, and if he gives an undertaking to pay the expenses of the meeting, the directors of the corporation shall, within 10 days after delivery of the statement, call a special meeting of the stockholders to determine the voting rights to be accorded the control shares.
3. A notice of any meeting of stockholders at which the question of voting rights is to be determined must be accompanied by:
(a) A complete copy of the offerors statement; and
κ1987 Statutes of Nevada, Page 758 (CHAPTER 327, AB 748)κ
(b) A statement of the board of directors of the corporation setting forth the position of the board with respect to the acquisition or, if it is the case, stating that the board makes no recommendation concerning the matter.
4. A special meeting of stockholders called pursuant to this section:
(a) Must not be held before the expiration of 30 days after the delivery of the offerors statement, unless the statement contains a request that the meeting be held sooner.
(b) Must be held within 50 days after the delivery of the statement, unless the acquiring person otherwise agrees in writing that the meeting may be held after that time.
5. If the offerors statement does not include a request that a special meeting be called, the question of voting rights must be presented to the next special or annual meeting of the stockholders.
Sec. 12. Except as otherwise provided by the certificate or articles of incorporation of the issuing corporation, a resolution of the stockholders granting voting rights to the control shares, by an acquiring person must be approved by:
1. The holders of a majority of the outstanding shares of the corporation; and
2. If the acquisition will result in any change of the kind described in subsection 2 of NRS 78.390, the holders of a majority of each class or series affected,
excluding those shares held by any interested stockholder.
Sec. 13. 1. If so provided in the certificate or articles of incorporation of the issuing corporation at the time an acquisition is completed, control shares are subject to redemption by the issuing corporation, for not more than the average price paid for the control shares, at any time within 60 days after the acquisition is completed if an offerors statement is not delivered with respect to the acquisition as provided in section 10 of this act.
2. If an offerors statement is delivered, control shares are subject to redemption only if the control shares are not accorded full voting rights by the stockholders.
Sec. 14. 1. If the control shares are accorded full voting rights pursuant to sections 2 to 14, inclusive, of this act, the board of directors of the issuing corporation shall, within 20 days thereafter, cause a notice to be sent to all stockholders advising them of the fact and of their right to receive fair value for their shares as provided in subsection 2.
2. Within 20 days after the mailing of the notice described in subsection 1, any stockholder of the corporation may deliver to the principal office of the corporation a written demand that the corporation purchase, for fair value, all or any portion of his shares. The corporation shall comply with the demand within 30 days after its delivery.
Sec. 15. NRS 78.3765 is hereby amended to read as follows:
78.3765 Offeree corporation means a corporation incorporated under the laws of Nevada , other than an issuing corporation as defined in section 9 of this act, whose shares are the subject of a takeover bid.
κ1987 Statutes of Nevada, Page 759 (CHAPTER 327, AB 748)κ
Sec. 16. Sections 2 to 14, inclusive, of this act, do not apply to any acquisition:
1. Consummated before July 1, 1987; or
2. Undertaken pursuant to a contract entered into before that date.
________
Assembly Bill No. 570Committee on Judiciary
CHAPTER 328
AN ACT relating to controlled substances; revising the provisions relating to the sealing of records of certain persons convicted of possession of controlled substances not for the purpose of sale; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order, if the:
(a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and
(b) Court, after a hearing, is satisfied that the person is rehabilitated.
2. In the case of a person who is sentenced and convicted pursuant to subsection 5 of NRS 453.336, the court shall order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order if the person fulfills the terms and conditions imposed by the court and the department of parole and probation. The court shall order those records sealed without a hearing unless the department of parole and probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
3. If the court orders sealed the record of a person sentenced pursuant to subsection 5 of NRS 453.336, it shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
Sec. 2. NRS 453.336 is hereby amended to read as follows:
453.336 1. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
κ1987 Statutes of Nevada, Page 760 (CHAPTER 328, AB 570)κ
podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
2. Except as provided in subsections 3 and 4 and unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, any person who violates this section shall be punished:
(a) For the first offense, if the controlled substance is listed in schedule I, II, III or IV, 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.
(b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.
(d) For the first offense, if the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.
(e) For a second or subsequent offense, if the controlled substance is listed in schedule V, 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.
3. Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first offense:
(1) 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 $2,000; or
(2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his drivers license suspended for not more than 6 months.
(b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.
(c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.
4. Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195.
κ1987 Statutes of Nevada, Page 761 (CHAPTER 328, AB 570)κ
the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
5. [Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such persons record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the courts order, if:
(a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and
(b) The court, after hearing, is satisfied that the rehabilitation has been attained.
6.] Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.552, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance not for the purpose of sale, the court, with the consent of the accused, may impose sentence, including a fine, suspend imprisonment [, seal the record] and place him on probation upon terms and conditions.
[7. The record of a person sentenced under subsection 6 which has been sealed by the court may remain sealed until:
(a) The defendant fulfills all of the terms and conditions imposed by the court and by his probation officer, when the record may be expunged; or
(b) His probation is revoked and the sentence is executed.
8. There may be only one suspension of sentence under subsection 6 with respect to any person.] A person sentenced pursuant to this subsection whose probation is revoked shall be punished in the manner prescribed by paragraph (a) or (d) of subsection 2, whichever is appropriate.
6. The court shall not suspend the execution of a sentence of imprisonment of a person sentenced pursuant to subsection 5 or seal his record more than once.
Sec. 3. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but such a period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
κ1987 Statutes of Nevada, Page 762 (CHAPTER 328, AB 570)κ
(2) Suspension of sentence pursuant to subsection [6] 5 of NRS 453.336; or
(b) Five years for a felony.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
________
Assembly Bill No. 531Committee on Natural Resources, Agriculture and Mining
CHAPTER 329
AN ACT relating to watercraft; increasing the penalty for altering a vessels hull number; classifying the requirements for lighting watercraft; conforming to federal law the state requirements concerning the lighting of watercraft; revising the times of the day during which water skiing is prohibited; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.171 is hereby amended to read as follows:
488.171 [It is unlawful for any person to alter, deface or mutilate any hull number required for a motorboat under this chapter.]
κ1987 Statutes of Nevada, Page 763 (CHAPTER 329, AB 531)κ
1. A person shall not:
(a) Intentionally deface, destroy, remove or alter any hull number required for a vessel without written authorization from the department of wildlife; or
(b) Place or stamp any serial number upon a vessel except a number assigned to the vessel by the department.
2. This section does not prohibit:
(a) The restoration of the original hull number by an owner of a vessel when the restoration is authorized by the department; or
(b) Any manufacturer from placing numbers or marks in the ordinary course of business upon new vessels or parts of vessels.
3. The department shall, upon request, assign a hull number to any handmade vessel.
4. Any person who violates subsection 1 is guilty of a gross misdemeanor.
Sec. 2. NRS 488.187 is hereby amended to read as follows:
488.187 1. [Except as otherwise provided in subsection 4, every] Every motorboat in all weathers from sunset to sunrise [shall] , as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time [no] other lights which may be mistaken for those prescribed [shall] must not be exhibited:
(a) Every motorboat of classes A and 1 [shall] must carry the following lights:
(1) A bright white light aft to show all around the horizon.
(2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.
(b) Every motorboat of classes 2 and 3 [shall] must carry the following lights:
(1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.
(2) A bright while light aft to show [all around the horizon and higher than the white light forward.] 12 points.
(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights [shall] must be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.
κ1987 Statutes of Nevada, Page 764 (CHAPTER 329, AB 531)κ
(c) [Motorboats] Vessels of classes A and 1 when propelled by sail alone [shall] must carry the combined lantern in the forepart of the vessel and a white 12-point stern light. [Motorboats] Vessels of classes 2 and 3, when so propelled, [shall] must carry the colored side lights, [suitably screened] fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.
2. Every white light prescribed by this section [shall] must be visible at a distance of at least 2 miles. Every colored light prescribed by this section [shall] must be visible at a distance of at least 1 mile. The word visible in this subsection, when applied to lights, means visible on a dark night with clear atmosphere.
3. When propelled by sail and machinery a [motorboat shall] vessel must carry the lights required by this section for a motorboat propelled by machinery only.
4. [No motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise, except when operated on navigable waters of the United States.] Manually propelled vessels of classes A and 1 must have ready at hand an electric torch or lighted lantern showing a white light which must be exhibited in sufficient time to prevent a collision.
5. Any vessel may carry and exhibit the lights required by the [Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C. §§ 143-147d), as amended,] Inland Navigational Rules 34 U.S.C. §§ 2001 et seq. in lieu of the lights required by this section.
Sec. 3. NRS 488.235 is hereby amended to read as follows:
488.235 1. A person shall not operate a vessel on any waters of this state for towing a person on water skis or a surfboard or similar device unless there is in the vessel a person, in addition to the operator, in a position to observe the progress of the person being towed.
2. A person shall not operate a vessel on any waters of this state towing a person on water skis, a surfboard or similar device, or engage in water skiing, surfboarding or similar activity from [1 hour after] sunset to [1 hour before sunrise.] sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C.
3. The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person engaged in an activity authorized under NRS 488.305.
________
κ1987 Statutes of Nevada, Page 765κ
Senate Bill No. 481Committee on Judiciary
CHAPTER 330
AN ACT relating to witnesses; clarifying that the ability to object under certain circumstances to the admissibility of an affidavit of an expert witness regarding the presence of alcohol or a controlled substance in the blood or urine of a defendant exists only in a criminal proceeding; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.325 is hereby amended to read as follows:
50.325 1. Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance as defined in chapter 453 of NRS, or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
2. The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney.
3. If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
4. If at the trial or preliminary hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge [,] or justice of the peace [or hearing officer] may adjourn the trial or hearing for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary [examination] hearing or trial is required is extended by the time of the adjournment.
Sec. 2. Section 1 of chapter 132, Statutes of Nevada 1987, is hereby amended to read as follows:
Section 1. NRS 50.325 is hereby amended to read as follows:
50.325 1. Whenever a person is charged with an offense punishable under chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance as defined in chapter 453 of NRS, or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
κ1987 Statutes of Nevada, Page 766 (CHAPTER 330, SB 481)κ
from driving a vehicle while under the influence of intoxicating liquor or a controlled substance as defined in chapter 453 of NRS, or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
2. The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney.
3. If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
4. If at the trial or preliminary hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. Should 3 judicial days not be sufficient in a county whose population is less than 25,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge or justice of the peace may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 767κ
Senate Bill No. 376Committee on Government Affairs
CHAPTER 331
AN ACT relating to municipal airports; authorizing municipalities to contract for the maintenance of airports and to reimburse certain persons for improving the airports; allowing certain persons to provide services provided by blind vendors at the airports; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 496.090 is hereby amended to read as follows:
496.090 1. In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, [such] the municipality may, except as [may be] limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into contracts, leases and other arrangements with any persons:
(a) Granting the privilege of using or improving [such] the airport or air navigation facility , or any portion or facility thereof , or space therein , for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.
(b) Conferring the privilege of supplying goods, commodities, things, services or facilities at [such] the airport or air navigation facility or other facilities.
(c) Making available services to be furnished by the municipality or its agents or by other persons at [such] the airport or air navigation facility or other facilities.
(d) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.
2. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which [shall] must be reasonable and uniform for the same class of privilege or service and [shall] must be established with due regard to the property and improvements used and the expenses of operation to the municipality.
3. As an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a [term or terms] period not exceeding 40 years, upon such terms and conditions as the governing body deems proper.
4. Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in some paper of general circulation within the municipality at least once a week for [a period of] 30 days. The notice [shall] must specify a regular meeting of the governing body to be held after completion of such publication, at which meeting any interested person may appear .
κ1987 Statutes of Nevada, Page 768 (CHAPTER 331, SB 376)κ
the governing body to be held after completion of such publication, at which meeting any interested person may appear . [, and no] No such contract, lease or other arrangement [shall] may be entered into by the municipality until after the publication and meeting [heretofore provided for are had.] provided in this subsection.
5. Any member of a municipalitys governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of [such] the contract, lease or other arrangement may extend beyond his [or her] term of office.
Sec. 2. NRS 426.715 is hereby amended to read as follows:
426.715 Any person who sells, solicits orders for or delivers, in any public building or on any public land, any commodity which a blind vendor is authorized by the bureau to sell is guilty of a misdemeanor except:
1. A person licensed by or under contract to the bureau;
2. A person who delivers a commodity to a blind vendor or for his account;
3. A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 81 of NRS; [or]
4. Public employees jointly sharing in the cost of coffee or other beverages purchased by them for their own use, if there is no commercial arrangement for the delivery of products and supplies to the building or land [.] ; or
5. A person who is authorized to conduct such an activity under the terms of a contract, lease or other arrangement with a municipality pursuant to NRS 496.090.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 90Committee on Economic Development, Small Business and Tourism
CHAPTER 332
AN ACT relating to public employees; authorizing the payment of a higher per diem for the transaction of public business outside of the United States; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided in subsection 2 or 5, or [otherwise provided] by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of $47.50 for each 24-hour period during which he is away from the office and within the state, and $21 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.
κ1987 Statutes of Nevada, Page 769 (CHAPTER 332, AB 90)κ
state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of $47.50 for each 24-hour period during which he is away from the office and within the state, and $21 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.
2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.
3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or [without] outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is 24 cents per mile traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 12 cents per mile traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or [without] outside of the municipality or other area in which his principal office is located. The allowance must be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than 30 cents per mile traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of 12 cents per mile traveled.
5. The state board of examiners may establish reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.
6. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt [an expense reimbursement] a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.
Sec. 2. This act becomes effective upon passage and approval and applies retroactively from May 27, 1987.
________
κ1987 Statutes of Nevada, Page 770κ
Assembly Bill No. 751Committee on Judiciary
CHAPTER 333
AN ACT relating to rural electric cooperatives; restricting the power of a cooperative to sell, lease or otherwise dispose of its assets; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 81 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A rural electric cooperative formed pursuant to NRS 81.410 to 81.540, inclusive, may sell, lease or otherwise dispose of all or a substantial portion of its assets only if the sale, lease or disposition is:
(a) Authorized by the affirmative vote of not less than three-fourths of the directors of the cooperative; and
(b) Assented to by two-thirds of the members of the cooperative:
(1) In writing; or
(2) By a vote of the members at a meeting, notice of which has been given in the manner provided in NRS 78.370. For the purposes of this subparagraph, any reference in NRS 78.370 to stockholder must be replaced by a reference to member.
2. As used in this section, substantial portion of its assets means any portion of the assets of a cooperative representing 25 percent or more of the total book value of all of its assets.
Sec. 2. NRS 81.500 is hereby amended to read as follows:
81.500 1. Each corporation incorporated under NRS 81.410 to 81.540, inclusive, [shall have] and section 1 of this act, has the powers granted by the provisions of other laws of Nevada relating to private corporations which are not inconsistent with those granted by NRS 81.410 to 81.540, inclusive [.] , and section 1 of this act.
2. In addition to the powers granted in subsection 1, each corporation [shall have] has the following powers:
(a) To appoint such agents and officers as its business may require, and such appointed agents may be either natural persons or corporations.
(b) To admit natural persons and corporations to membership in the corporation.
(c) To expel any member pursuant to the provisions of its bylaws.
(d) To forfeit the membership of any member for violation of any agreement between him and the corporation or for his violation of its bylaws.
(e) To purchase, lease, or otherwise acquire, hold, own and enjoy, sell, lease, mortgage and otherwise encumber and dispose of any and all and every kind of real and personal property [.] , except as otherwise provided in section 1 of this act.
κ1987 Statutes of Nevada, Page 771 (CHAPTER 333, AB 751)κ
(f) To carry on any and all operations necessary or convenient in connection with the transaction of any of its business.
________
Senate Bill No. 149Committee on Finance
CHAPTER 334
AN ACT making appropriations to the emergency fund, stale claims account and reserve for statutory contingency fund to restore their balances; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Board of Examiners the sum of $661,195 to be allocated as follows:
1. To the emergency fund created pursuant to NRS 353.263 the sum of $55,266 to restore its balance to $200,000.
2. To the stale claims account created pursuant to NRS 353.097 the sum of $144,494 to restore its balance to $200,000.
3. To the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $461,435 to restore its balance to $1,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 373Committee on Commerce and Labor
CHAPTER 335
AN ACT relating to contractors; making void any bid submitted by a person who is not licensed as a contractor in this state; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.230 is hereby amended to read as follows:
624.230 [It shall be]
1. It is unlawful for any person [, firm, copartnership, corporation, association or other organization, or any combination of any thereof, to engage] or combination of persons to:
(a) Engage in the business or act in the capacity of a contractor within this state [or to bid a] ; or
κ1987 Statutes of Nevada, Page 772 (CHAPTER 335, SB 373)κ
(b) Submit a bid on a job situated within this state ,
without having a license therefor as provide in this chapter, unless [such person, firm, copartnership, corporation, association or other organization, or any combination of any thereof,] that person or combination of persons is exempted from licensure as provided in this chapter.
2. Any bid submitted by a person who is neither licensed nor exempted from licensure as provided in this chapter at the time the bid is submitted is void.
________
Assembly Bill No. 567Committee on Judiciary
CHAPTER 336
AN ACT relating to county recorders; requiring under certain circumstances the conformance of a copy of an instrument, paper or notice presented for record or filing; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.110 is hereby amended to read as follows:
247.110 1. When any instrument, paper or notice authorized by law to be recorded or filed [, but not for recordation,] is deposited in the county recorders office for [record] recording or for filing, the county recorder shall:
[1.] (a) Endorse upon it the time when it was received, noting:
[(a)] (1) The year, month, day, hour and minute of its reception.
[(b)] (2) The file number thereof.
[(c)] (3) The book and page where recorded or the place where filed.
[(d)] (4) The amount of fees for recording or filing.
[2.] (b) Record or file the instrument without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which [such] the instruments are received for [record] recording or for filing.
[3.] (c) Note at the foot of the record and upon [such] the instrument so filed or recorded the exact time of its reception, and the name of the person at whose request it was recorded or filed.
[4. No recorder may]
(d) Upon request, place a stamp or other notation upon one copy of the instrument, paper or notice presented at the time of recording or filing to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.
κ1987 Statutes of Nevada, Page 773 (CHAPTER 336, AB 567)κ
2. A county recorder shall not refuse to record or file any instrument, paper or notice on the grounds that [such] the instrument, paper or notice is not legally effective to accomplish the purposes stated therein.
________
Senate Bill No. 394Committee on Finance
CHAPTER 337
AN ACT relating to state purchasing; allowing the chief of the purchasing division of the department of general services to exempt from the provisions of the State Purchasing Act certain purchases made by the department of prisons for canteens for offenders; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
The chief may exempt from the provisions of this chapter purchases made by the department of prisons, with money from the offenders store fund, for the provision and maintenance of canteens for offenders.
________
Assembly Bill No. 339Committee on Health and Welfare
CHAPTER 338
AN ACT relating to the state board of health; requiring the board to set fees charged by the health division of the department of human resources at amounts calculated to meet projections of revenue in the budget approved for the health division by the legislature; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.150 is hereby amended to read as follows:
439.150 1. The state board of health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of the state and over the work of the state health officer and all local (district, county and city) health departments, boards of health and health officers.
2. The department of human resources is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health.
κ1987 Statutes of Nevada, Page 774 (CHAPTER 338, AB 339)κ
agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. It may receive and expend all [funds] money made available to the health division by the Federal Government, the state or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the department shall consider, among other things, the amount of money available from the Federal Government for [such] those programs , [and] the conditions attached to the acceptance of [such money,] the money and the limitations of legislative appropriations for those programs.
3. The state board of health may set reasonable fees for the:
(a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the health division;
(b) Programs and services of the division;
(c) Review of plans; and
(d) Certification and licensing of personnel.
Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the health division by the legislature.
________
Assembly Bill No. 603Committee on Commerce
CHAPTER 339
AN ACT relating to trust companies; removing the requirement that a majority of the board of directors must be residents of this state; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 669.120 is hereby amended to read as follows:
669.120 1. The articles of incorporation must contain:
(a) The corporate name adopted by the corporation, which must be such as to distinguish it from any other trust company formed or incorporated in this state, or engaged in the trust business in this state.
(b) The place where its business is to be conducted.
(c) The purpose for which it is formed.
(d) The amount of its capital stock, which must be divided into shares of the par value of not less than $25 each, except that upon the written approval of the administrator the capital stock may be divided into shares of the par value of not less than $1 each. The amount of capital stock must not be less than $250,000, and must be assessable.
κ1987 Statutes of Nevada, Page 775 (CHAPTER 339, AB 603)κ
(e) The amount of its original paid-in surplus, which must not be less than 20 percent of its capital stock.
(f) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(g) The number of directors, which must not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom must be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated. [A majority of directors must be residents of the State of Nevada.]
(h) The location of all branch offices as approved by the administrator.
(i) Such other matters, not inconsistent with law, as the incorporators may deem proper.
2. The articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as is fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the provisions of this chapter.
________
Assembly Bill No. 342Committee on Health and Welfare
CHAPTER 340
AN ACT relating to the state board of health; authorizing the board to grant variances from the requirements of its regulations; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.200 is hereby amended to read as follows:
439.200 1. The state board of health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) To provide for the sanitary protection of water and food supplies.
(e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, NRS 444.650 and NRS 445.080 to 445.710, inclusive.
(f) To protect and promote the public health generally.
(g) To carry out all other purposes of this chapter.
κ1987 Statutes of Nevada, Page 776 (CHAPTER 340, AB 342)κ
2. Except as otherwise provided in NRS 444.650, [such] those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the [state] regulations provided for in this section.
3. [A copy of every] The state board of health may grant a variance from the requirements of a regulation if it finds that:
(a) Strict application of that regulation would result in exceptional and undue hardship to the person requesting the variance; and
(b) The variance, if granted, would not:
(1) Cause substantial detriment to the public welfare; or
(2) Impair substantially the purpose of that regulation.
4. Each regulation adopted by the state board of health must be [filed with the secretary of state and copies of the regulations must be] published immediately after adoption and issued in pamphlet form for distribution to local health officers and the [citizens] residents of the state.
________
Assembly Bill No. 525Committee on Government Affairs
CHAPTER 341
AN ACT relating to medical and related facilities; requiring a medical facility or facility for the dependent to comply with local zoning regulations before receiving a license from the health division of the department of human resources; and providing other matters properly relating thereto.
[Approved June 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.040 is hereby amended to read as follows:
449.040 Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.001 to 449.240, inclusive, must file with the health division an application on a form prescribed, prepared and furnished by the health division, containing:
1. The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.
2. The type of facility to be operated.
3. The location of the facility.
4. In specific terms, the nature of services and type of care to be offered, as defined in the regulations.
5. The number of beds authorized by the director of the department of human resources.
6. The name of the person in charge of the facility.
7. Such other information as may be required by the health division for the proper administration and enforcement of NRS 449.001 to 449.240, inclusive.
κ1987 Statutes of Nevada, Page 777 (CHAPTER 341, AB 525)κ
the proper administration and enforcement of NRS 449.001 to 449.240, inclusive.
8. Evidence satisfactory to the health division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the state or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.
9. Evidence satisfactory to the health division of the ability of the applicant to comply with the provisions of NRS 449.001 to 449.240, inclusive, and the standards and regulations adopted by the board.
10. Evidence satisfactory to the health division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.
Sec. 2. NRS 449.060 is hereby amended to read as follows:
449.060 Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:
1. Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the board; [or]
2. Obtained the approval of the director of the department of human resources before undertaking one of the projects enumerated in NRS 439A.100 [.] ; or
3. Conformed to all applicable local zoning regulations.
Sec. 3. NRS 449.080 is hereby amended to read as follows:
449.080 1. If, after investigation, the health division finds that the [applicant] :
(a) Applicant is in full compliance with the provisions of NRS 449.001 to 449.240, inclusive [, and] ;
(b) Applicant is in substantial compliance with the standards and regulations adopted by the board [and, if it] ;
(c) Applicant, if he has undertaken a project enumerated in NRS 439A.100, [and] has obtained the approval of the director of the department of human resources [,] ; and
(d) Facility conforms to the applicable zoning regulations,
the division shall issue the license to the applicant.
2. A license applies only to the person to whom it is issued, [and] is valid only for the premises described in the license and is not transferable.
________
κ1987 Statutes of Nevada, Page 778κ
Senate Bill No. 412Committee on Commerce and Labor
CHAPTER 342
AN ACT relating to the public service commission of Nevada; permitting the maintenance of an office in Las Vegas; permitting the official filing of documents at its office in Las Vegas if one is maintained; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.120 is hereby amended to read as follows:
703.120 1. The commission shall keep its principal office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of general services [.] and may maintain another office in Las Vegas, Nevada.
2. If an office is so maintained in Las Vegas, any document which is required to be filed with the commission may be filed at its office in Las Vegas with the same effect as if it were filed at the office in Carson City.
________
Assembly Bill No. 710Committee on Judiciary
CHAPTER 343
AN ACT relating to geothermal resources; extending the time for approval or rejection of an application to drill or operate a geothermal well; extending the time to provide notice of a conflict or a hearing on an application; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534A.070 is hereby amended to read as follows:
534A.070 1. The executive director of the department of minerals shall approve or reject an application for a permit to drill an exploratory well within 10 days after he receives the application in proper form. Such a permit must not be effective for more than 2 years, but may be extended by the executive director.
2. Upon receipt of an application for a permit to drill or operate a geothermal well, the executive director shall transmit copies of the application to the state engineer, the administrator of the division of environmental protection of the state department of conservation and natural resources and the director of the department of wildlife. After consultation with the state engineer, the administrator and the director, respectively, the executive director may issue a permit to drill or operate a geothermal well if it is determined that issuance of a permit is consistent with:
κ1987 Statutes of Nevada, Page 779 (CHAPTER 343, AB 710)κ
executive director may issue a permit to drill or operate a geothermal well if it is determined that issuance of a permit is consistent with:
(a) The policies specified in NRS 445.132 and 445.401;
(b) The purposes of chapters 533 and 534 of NRS; and
(c) The purposes specified in chapter 501 of NRS.
3. The executive director shall approve or reject the application to drill or operate a geothermal well within [60] 90 days after he receives it in proper form, unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4. Notice of the conflict or need for a public hearing must be provided to the applicant within the [60-day] 90-day period.
4. The state engineer and the executive director of the department of minerals may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to guard properly the public interest.
5. A permit issued pursuant to this section must include any conditions:
(a) Deemed necessary by the executive director to carry out the purposes of this section; and
(b) Imposed by the state engineer consistent with chapters 533 and 534 of NRS.
________
Assembly Bill No. 340Committee on Health and Welfare
CHAPTER 344
AN ACT relating to certificates of marriage; requiring the county recorder to forward certain information to the state registrar of vital statistics; abolishing the requirement that the state registrar of vital statistics send a certificate to the parties of a marriage; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 440.595 is hereby amended to read as follows:
440.595 1. A record of each marriage performed in this state [shall] must be filed with the state registrar as provided in this section.
2. Each county recorder shall on [Monday of each week] or before the 10th day of the following month forward to the state registrar the [certificates] information contained on each certificate of marriage delivered to him during the preceding [week.
3. After entering] month. The information must be forwarded in a form approved by the health division of the department of human resources.
3. The state registrar shall enter in his records the names of the parties, the date of the marriage and the county in which it was performed and recorded .
κ1987 Statutes of Nevada, Page 780 (CHAPTER 344, AB 340)κ
recorded . [, the state registrar shall within 5 days after receiving the certificate return it to the persons named in such certificate at the address shown thereon.]
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 478Committee on Judiciary
CHAPTER 345
AN ACT relating to estates of decedents; requiring notice by mail to creditors whose addresses and names are readily ascertainable; clarifying the requirements for publication of notice; providing a form for that notice; removing the sanction for failure to give notice to creditors within the prescribed time; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 145.030 is hereby amended to read as follows:
145.030 Notice of [hearing of the petition shall] a petition for the probate of a will and the issuance of letters testamentary or for letters of administration, and the notice to creditors must be given [to the decedents heirs, devisees and legatees] as provided in NRS [155.010.] 155.020.
Sec. 2. NRS 145.050 is hereby amended to read as follows:
145.050 [1.] The order for a summary administration of the estate [shall:] must:
[(a)] 1. Dispense with all regular proceedings and further notices, except for the [notice to creditors of the appointment of the executor or administrator] notice required by NRS 145.030 and notice of application for attorneys fees [.
(b)] ; and
2. Provide that an inventory and appraisement or record of value be made and returned to the court.
[2. The notice to creditors of the appointment of the executor or administrator shall be given by publication if the cost does not exceed $25, in a newspaper printed in the county where the proceedings are pending, if there is such a newspaper; if not, then in one having general circulation in the county. If the cost of publication will exceed $25, the notice shall be given in such manner as the court may require.
3. If a notice to creditors of the appointment of the executor or administrator is published in a weekly newspaper, the notice must appear therein on a total of three dates of publication; and if in a newspaper published more often than once a week, the notice shall be so published that there will be at least 10 days from the first to the last dates of publication (both first and last days being included) and at least three issues during this period.
κ1987 Statutes of Nevada, Page 781 (CHAPTER 345, SB 478)κ
(both first and last days being included) and at least three issues during this period.
4. The notice to creditors shall be substantially in the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been duly appointed and qualified by the (giving the title of the court and the date of appointment), as executor or administrator (as the case may be) of the estate of ................................, deceased. All creditors having claims against the estate are required to file the same, with proper vouchers attached, with the clerk of the court, within 60 days after the first publication of this notice.
Date..................................................]
Sec. 3. NRS 145.060 is hereby amended to read as follows:
145.060 1. Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing, for those required to be mailed, or 60 days after the first publication of the notice to creditors [of the appointment of the executor or administrator,] pursuant to NRS 155.020, and within 10 days thereafter the executor or administrator [must] shall act on the claims filed and present them in 3 days thereafter to the judge for his action.
2. Any claim which is not filed within the 60 days [shall be] is barred forever [.] , except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.
3. Every claim which is filed as provided in this section, allowed by the executor or administrator, and approved by the judge, [shall] must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in [due] the course of administration , except that [advance] payment of small debts in advance may be made pursuant to subsection 2 of NRS 150.230.
Sec. 4. NRS 147.010 is hereby amended to read as follows:
147.040 [1. Immediately after his appointment, every] An executor or administrator shall publish and mail notice to creditors in the manner provided in [paragraph (b) of subsection 1 of] NRS 155.020.
[2. If any executor or administrator fails to give the notice within 15 days after his appointment, as prescribed in subsection 1, the court may revoke his letters.
3. The notice shall be substantially in the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been duly appointed and qualified by the (giving the title of the court and the date of appointment), as executor or administrator (as the case may be) of the estate of ................................,
κ1987 Statutes of Nevada, Page 782 (CHAPTER 345, SB 478)κ
................................, deceased. All creditors having claims against the estate are required to file the same, with proper vouchers attached, with the clerk of the court, within 90 days after the first publication of this notice.
Date..................................................]
Sec. 5. NRS 147.020 is hereby amended to read as follows:
147.020 [In case] If an executor or administrator dies, resigns or is removed after the expiration of the time for the publication or mailing of notice to creditors , [as provided in NRS 147.010 and 145.050,] his successor need [give no] not give any further notice to creditors.
Sec. 6. NRS 147.030 is hereby amended to read as follows:
147.030 After the notice to creditors has been [given as required by NRS 147.010,] mailed or published, a copy thereof, with the affidavit of publication [,] or, if notice is mailed, with proof of mailing, must be filed [.] with the clerk of the court.
Sec. 7. NRS 147.040 is hereby amended to read as follows:
147.040 1. All persons having claims , due or to become due, against the deceased must [,] file their claims with the clerk of the court within 90 days after the mailing, for those required to be mailed, or 90 days after the first publication of the notice [specified in NRS 147.010, file the same, with the necessary vouchers, with the clerk of the court, who shall file and register each claim.] to creditors pursuant to NRS 155.020
2. If a claim is not filed with the clerk within 90 days after the first publication or mailing of the notice, the claim [shall be] is forever barred , [;] but when it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court , [or judge,] that the claimant [had no] did not have notice as provided in [this chapter,] NRS 155.020, the claim may be filed at any time before the filing of the final account.
Sec. 8. NRS 150.160 is hereby amended to read as follows:
150.160 1. [Except as otherwise provided in subsection 2, when] When an account is rendered and set for settlement by the court, notice thereof [shall] must be given in the manner required by NRS 155.010.
2. If the account is for a final settlement and a petition for the final distribution of the estate is filed with the account, the notice of settlement must so state, and on the settlement of the account, distribution of the estate to those entitled thereto may be had immediately . [, but notice of the hearing of the petition for distribution must also be given as provided in NRS 155.020.]
Sec. 9. NRS 155.020 is hereby amended to read as follows:
155.020 1. Notice of a petition for the probate of a will and the issuance of letters testamentary or for letters of administration and the notice to creditors must be given [:
(a) To the] to:
(a) The persons respectively entitled thereto, by mail as provided in NRS 155.010 [.
(b) To the public at large,] ; and
κ1987 Statutes of Nevada, Page 783 (CHAPTER 345, SB 478)κ
(b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once [a] each week there must be at least 10 days from the first to last dates of publication, including both the first and last days.
2. [Except as otherwise provided in NRS 145.050, notice to creditors of the appointment of an executor or administrator must be given by publication in the manner provided in paragraph (b) of subsection 1.
3.] Every publication required by this section must be made in a newspaper printed in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.
3. The notice of the hearing upon the petition to administer the estate must be in substantially the following form:
NOTICE OF THE HEARING UPON THE PETITION TO ADMINISTER THE ESTATE
Notice is hereby given that .................................. has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of .................................., deceased, and a hearing has been set for the ............ day of ............., 19........, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.
Dated...............................................
4. As soon as practicable after appointment, every executor or administrator shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable and who have not already filed a claim. The notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as executor or administrator (as the case may be) of the estate of .................................., deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within ............. (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.
Dated...............................................
________
κ1987 Statutes of Nevada, Page 784κ
Assembly Bill No. 740Committee on Judiciary
CHAPTER 346
AN ACT relating to civil actions; authorizing the preferential setting of a date for the trial of certain civil actions; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 16 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon the motion of a party to an action who is 70 years of age or older, the court may give preference in setting a date for the trial of the action, unless the court finds that the party does not have a substantial interest in the case as a whole.
2. A court may grant a motion for preference in setting a date for the trial of an action if the court determines that based upon clear and convincing medical evidence, a party to the action suffers from an illness or condition which raises a substantial medical doubt that the party will survive for more than 6 months, and the court determines that the interests of justice would be served by granting the motion.
3. If a motion for preference is granted pursuant to subsection 1 or 2:
(a) The court shall set a date for the trial of the action that is not more than 120 days after the hearing on the motion; and
(b) The court shall not continue the date for the trial of the action beyond 120 days after the hearing on the motion, except for the physical disability of a party or attorney in the action, or for other good cause entered on the record.
4. If the plaintiff in an action seeks to recover damages allegedly caused by a defendant during the commission of acts for which the defendant is convicted of a crime punishable as a felony, the court may, upon the motion of the plaintiff, give preference in setting a date for the trial of the action. If the motion is granted, the trial of the action must, unless the court deems it infeasible, be held not more than 120 days after the hearing on the motion.
________
κ1987 Statutes of Nevada, Page 785κ
Assembly Bill No. 668Committee on Natural Resources, Agriculture and Mining
CHAPTER 347
AN ACT relating to state emblems; designating the bristlecone pine as the other state tree; and providing other matters properly relating thereto.
[Approved June 8, 1987]
whereas, The 1959 Nevada Legislature designated the single-leaf pinon (Pinus monophylla) as the official state tree of Nevada; and
whereas, Another tree indigenous to Nevada, the bristlecone pine (Pinus aristata), while not as numerous as the pinon, is found in higher mountainous areas throughout must of the state; and
whereas, The bristlecone pine is the oldest living thing on earth, with some specimens in Nevada now over 4,000 years of age; and
whereas, Both the single-leaf pinon and the bristlecone pine serve as excellent learning tools concerning Nevadas cultural and natural history; for example, pinenuts from the pinon have served as the staple food of the Indians of Nevada and cores of tree rings from the bristlecone pine tell us much about Nevadas climate and environment over thousands of years; and
whereas, Stands of bristlecone pine in Nevadas first national park, Great Basin National Park, will be a key attraction for visitors from throughout the world; and
whereas, No state in the nation has designated the bristlecone pine as its official state tree; and
whereas, Because Nevada has three state nicknames, the Silver State, the Sagebrush State and the Battle Born State, and designation of two official state trees would not establish a precedent; now, therefore
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 235.040 is hereby amended to read as follows:
235.040 The [tree] trees known as the single-leaf pinon (Pinus monophylla) [is] and the bristlecone pine (Pinus aristata) are hereby designated as the official state [tree] trees of the State of Nevada.
________
κ1987 Statutes of Nevada, Page 786κ
Senate Bill No. 22Senators Townsend, Wagner, Beyer, Coffin, OConnell, ODonnell, Rawson and Redelsperger
CHAPTER 348
AN ACT relating to insurance; prohibiting the sale of a policy of health insurance which supplements Medicare to a person who has two such policies; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. No insurer or agent may sell a policy of health insurance which supplements Medicare to a person who has purchased two other policies of health insurance which supplement Medicare.
2. If an insurer or agent sells a policy of health insurance which supplements Medicare to a person who has already purchased such a policy, the second policy must provide coverage for all expenses the insurer would be required to pay under the new policy without any reduction in benefits for payment under the first policy.
________
Assembly Bill No. 640Committee on Commerce
CHAPTER 349
AN ACT relating to the subdivision of land; authorizing a real estate broker or salesman to represent more than one developer at the same time; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 119.180 is hereby amended to read as follows:
119.180 No subdivision or lot, parcel or unit in any subdivision may be sold:
1. Until the division has approved a written plan or the methods proposed to be employed for the procurement of prospective purchasers, the sale to purchasers and the retention of purchasers after sale. The plan or methods must describe with particularity:
(a) The form and content of advertising to be used;
(b) The nature of the offer of gifts or other free benefits to be extended;
(c) The nature of promotional meetings involving any person or act described in this subsection;
κ1987 Statutes of Nevada, Page 787 (CHAPTER 349, AB 640)κ
(d) The contracts, agreements and other papers to be employed in the sale of the property; and
(e) Such other reasonable details as [may be required by] the division [.] requires.
The written plan, or the methods proposed, may be filed as a part of the application under NRS 119.140.
2. Except through a broker, and before any offering or disposition, pursuant to any license granted under this chapter, the name of the broker must be placed on file with the division. Only that broker or his real estate salesman may offer or sell the subdivided property or any interest therein. Before a salesman offers or sells any property or interest, the salesmans name must be placed on file with the division. The broker and salesman, if any, shall:
(a) Complete an application in such a form and containing such reasonable information as the division [may require.] requires.
(b) Pay the fees prescribed in this chapter.
[Brokers and salesmen may represent only one developer at any one time in connection with sales governed by this chapter.] A broker and a salesman may [transfer their representation to a different developer] represent one or more developers only after completing an application with respect to each developer in such a form and containing such reasonable information as the division [may require] requires and paying the fees prescribed in this chapter.
________
Senate Bill No. 281Senators Mello, Wagner and Townsend
CHAPTER 350
AN ACT relating to the City of Sparks; making various changes to the provisions of the charter of the City of Sparks concerning civil service; expanding the grounds for removal of a member of the charter committee; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto new sections to be designated as sections 9.015, 9.105, 9.125, 9.135, 9.145 and 9.155, respectively, to read as follows:
Sec. 9.015 Contracts for services. The civil service commission may, within limits of appropriations by the city council, contract for the services of one or more:
1. Hearing officers to conduct hearings and render decisions as provided in section 9.105;
κ1987 Statutes of Nevada, Page 788 (CHAPTER 350, SB 281)κ
2. Consultants with special scientific or professional qualifications;
3. Interpreters or translators; and
4. Certified shorthand reporters.
Sec. 9.105 Hearing to determine reasonableness of dismissal, demotion or suspension; judicial review.
1. Within 10 working days after the effective date of a dismissal, demotion or suspension pursuant to section 9.100, an employee who has been dismissed, demoted or suspended may file a request in writing with the civil service commission for a hearing to determine the reasonableness of the action.
2. The commission shall grant the employee a hearing within 20 working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee at the time the request is filed, or there is a conflict with the hearing calendar of the commission or its hearing officers. If a hearing is not held within 20 days, it must be scheduled for the earliest possible date. The date for a hearing may not be vacated or the hearing continued except for good cause.
3. The commission may appoint a hearing officer to conduct or assist in conducting a hearing. The commission may delegate to the hearing officer such authority as the commission deems appropriate.
4. Technical rules of evidence do not apply at the hearing.
5. All testimony at the hearing must be recorded or reported by a shorthand reporter certified pursuant to chapter 656 of NRS, and may be transcribed, if necessary, for the deliberation of the commission or a hearing officer, or for an appeal to the district court. The cost of a transcript ordered by the commission or a hearing officer must be paid by the city.
6. Unless the parties stipulate otherwise, the commission or hearing officer shall render a decision in writing, setting forth the reasons therefor, within 30 days after the hearing.
7. If the commission or hearing officer determines that the dismissal, demotion or suspension was without just cause, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.
8. The decision of the commission or hearing officer is binding on the parties.
9. Any petition for judicial review of the decision of the commission or hearing officer must be filed within 30 days after service of the decision.
Sec. 9.125 Hearings: Issuance of subpenas; discovery; oaths; examination and exclusion of witnesses.
1. The civil service commission or hearing officer may, upon application of any party to a hearing held pursuant to section 9.105, issue subpenas requiring the attendance and testimony of witnesses at the proceeding.
κ1987 Statutes of Nevada, Page 789 (CHAPTER 350, SB 281)κ
2. The commission or hearing officer may, upon motion of a party, direct that an opposing party participate in a discovery conference at which both parties and their counsel may question the other party and receive answers, request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which the opposing party intends to use at the hearing.
3. The commission or hearing officer, or any agent designated by the commission, may administer oaths and affirmations and examine witnesses.
4. The commission or hearing officer may exclude from the hearing a person whose conduct at the hearing is disorderly, contemptuous, insolent or disruptive.
Sec. 9.135 Hearings: Subpenas extend to all parts of state; service of subpenas; attendance of witnesses. A subpena issued pursuant to section 9.125 extends to all parts of the state and must be served in accordance with the provisions of N.R.C.P. 4(c). No witness may be required to attend at a place out of the county in which he resides unless the distance is less than 100 miles from his place of residence, except that the civil service commission or hearing officer, upon affidavit of any party showing that the testimony of that witness is material and necessary, may endorse on the subpena an order requiring the attendance of the witness in response to the subpena.
Sec. 9.145 Hearings: Fees, mileage and expenses of witnesses.
1. All witnesses appearing pursuant to subpena, other than parties or officers or employees of the city, are entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed in NRS 50.225.
2. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to the per diem allowance provided in NRS 281.160 for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.
3. Fees for mileage and per diem allowances must be paid by the party at whose request the witness is subpenaed. The civil service commission or hearing officer may award as costs the amount of such expenses to the prevailing party.
Sec. 9.155 Subpenas: Enforcement.
1. If any witness refuses to attend or testify as required by a subpena issued by the civil service commission or hearing officer, the commission may file a petition with the district court stating that:
(a) Due notice has been given for the time and place of attendance of the witness;
(b) The witness has been subpenaed pursuant to section 9.125; and
(c) The witness has failed or refused to attend or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify before the commission or hearing officer, as required by the subpena.
κ1987 Statutes of Nevada, Page 790 (CHAPTER 350, SB 281)κ
and testify before the commission or hearing officer, as required by the subpena.
2. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended or testified. A certified copy of the order must be served upon the witness.
3. If it appears to the court that the subpena was regularly issued, the court shall enter an order that the witness appear before the commission or hearing officer at the time and place fixed in the order and testify, and upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 2. Section 1.080 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1309, is hereby amended to read as follows:
Sec. 1.080 Appointive positions.
1. The mayor of the city shall appoint a city manager, subject to confirmation by the city council.
2. The city council may establish such other appointive positions as it considers necessary for the operation of the city by designating the position by ordinance. A copy of the description of duties must be filed in the personnel office.
3. In addition to the city manager, appointive positions are limited to:
(a) The head of each department and division;
(b) Positions within the office of the city manager who report directly to him and possess peculiar and exceptional qualifications of a scientific or professional nature;
(c) Other positions appointed by the city manager which require special qualifications considered necessary by him, but the total number of such positions must not exceed 3 percent of the total [permanent] classified employees of the city;
(d) In the fire and police departments, the chief and one technical assistant, who may not supervise any other employees; and
(e) The city clerk.
Appointment to these positions must be made by the city manager, subject to ratification of the city council.
Sec. 3. Section 1.160 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1312, is hereby amended to read as follows:
Sec. 1.160 Charter committee members: Removal; grounds.
1. Any member [who misses] may be removed by a majority of the remaining members of the committee for cause, including the failure or refusal to perform the duties of the office, the absence from three successive regular meetings , or [who ceases] ceasing to meet any qualification for appointment to the committee .
κ1987 Statutes of Nevada, Page 791 (CHAPTER 350, SB 281)κ
refusal to perform the duties of the office, the absence from three successive regular meetings , or [who ceases] ceasing to meet any qualification for appointment to the committee . [may be removed by a majority vote of the remaining members of the committee.]
2. In case of removal, a replacement must be appointed by the officer who appointed the removed member.
Sec. 4. Section 9.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1312, is hereby amended to read as follows:
Sec. 9.010 Civil service commission: Appointment; removal; compensation.
1. There is a civil service commission consisting of five residents of the city who must be appointed by the mayor, subject to confirmation by the city council. They shall serve terms as established by ordinance.
2. Every person appointed as a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file it, certified by the officer administering it, with the clerk of the city.
3. Any member of the commission [who misses] may be removed by a majority vote of the commission for cause, including the failure or refusal to perform the duties of the office, the absence from three successive regular meetings of the commission , or [who ceases] ceasing to meet any qualification for appointment to the commission as provided by the city council . [, may be removed by majority vote of the commission.]
4. Vacancies on the civil service commission from whatever cause must be filled by appointment by the mayor, subject to confirmation by the city council.
5. The city council shall provide [for] the services of such employees as are necessary to enable the civil service commission to carry out [properly] its duties [.] in a timely and proficient manner.
6. The city council shall provide by ordinance the amount of compensation each member of the civil service commission is entitled to receive for each full meeting he attends.
Sec. 5. Section 9.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1321, is hereby amended to read as follows:
Sec. 9.020 Civil service commission: Regulations.
1. The commission shall adopt regulations , consistent with the provisions of this article, to govern the selection and appointment of all employees of the city within the provisions of this article. The regulations must be designed to secure the best service for the public.
2. The regulations must provide for:
κ1987 Statutes of Nevada, Page 792 (CHAPTER 350, SB 281)κ
(a) Ascertaining the qualifications and experience of all applicants;
(b) Recruitment, examination and placement of applicants;
(c) Proceedings for discipline, removal and promotion of employees;
(d) Classification of positions;
(e) Probationary appointments for which the period of probation may not exceed 1 year;
(f) A procedure to confirm employees as [permanent] classified employees;
(g) Any emergency, temporary or provisional appointments it considers necessary; and
(h) Such other matters as the commission considers necessary.
3. A copy of all regulations made by the commission and all changes to them must be filed in the office of the city clerk.
4. The commission shall cause the regulations adopted, and all changes to them to be printed or otherwise reproduced and distributed as they consider necessary. The expense must be certified by the commission and paid by the city.
5. All appointments , [or] promotions and disciplinary actions in any department of the city within the provisions of this article, must be made in accordance with the regulations of the commission.
Sec. 6. Section 9.030 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 741, is hereby amended to read as follows:
Sec. 9.030 [Rules and regulations:] Regulations: Amendment.
1. After [rules and] regulations have been adopted, as provided in section 9.020, they may be amended or modified by the commission only after the commission has given a notice, containing the proposed amendment or modification and specifying a time when the commission will meet and hear discussion concerning the adoption of [such] the proposed amendment or modification. The time and place for discussion concerning any modification or amendment [shall] must be posted on a bulletin board in a conspicuous place accessible to the employees of the city in each department affected by [such] the proposed amendment or modification not less than 10 days before the date of [such] the meeting of the civil service commission.
2. A proposed amendment to the regulations has no effect unless approved by the city council. The failure of the city council to reject a proposed amendment within 30 days after its submission by the commission shall be deemed to constitute approval of the proposed amendment.
Sec. 7. Section 9.065 of the charter of the City of Sparks, being chapter 450, Statutes of Nevada 1985, at page 1307, is hereby amended to read as follows:
Sec. 9.065 Vacancies; promotional examinations.
1. Vacancies in positions must, if consistent with the best interests of the city, be filled by employees holding positions in lower classes.
κ1987 Statutes of Nevada, Page 793 (CHAPTER 350, SB 281)κ
of the city, be filled by employees holding positions in lower classes. Lists of employees eligible for promotion must be established for this purpose.
2. Examinations may be held for applicants to be appointed to the civil service and for applicants who are not eligible for promotion, if open competition, in the judgment of the civil service commission, produces a list of applicants who are more highly skilled and qualified and is in the best interests of the city. Examinations may also be both open and for employees who are eligible for promotion.
3. The civil service commission may restrict examinations for promotion to employees of a single department or several specified departments or all employees.
4. The commission shall restrict examinations for a vacant position to employees of the department in which the vacancy exists if the head of the department requests such a restriction and the commission determines that an employee of the department is eligible for promotion to the position.
5. Examinations for promotion in the fire and police departments must be restricted to employees of those departments, unless fewer than three employees are [qualified] eligible for promotion.
Sec. 8. Section 9.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1324, is hereby amended to read as follows:
Sec. 9.070 [Probational] Probationary employees.
1. Probationary appointments must be made only as the result of examination as authorized in this article.
2. An employee dismissed during the period of probation may not appeal the dismissal.
3. If an employee who was promoted is [dismissed] rejected during the period of probation for any reason other than misconduct, he must be restored to the classification from which he was promoted.
4. The provisions of this article do not apply to persons employed on a temporary basis or for a period not to exceed 6 months during any calendar year.
Sec. 9. Section 9.080 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1324, is hereby amended to read as follows:
Sec. 9.080 Prohibited acts.
[1. No employee of the city within the provisions of this article may be suspended, demoted or discharged except as provided in this article.
2. An appointment or removal of an employee within the provisions of this article must not be affected by his:
(a) Membership or nonmembership in an employee organization;
κ1987 Statutes of Nevada, Page 794 (CHAPTER 350, SB 281)κ
(b) Marital status; or
(c) Physical or visual handicap except when the commission has determined that the handicap is a necessary qualification or disqualification for a specific position.
3. A person shall not commit any fraud, deception or other action which would prevent the impartial application of this article.] An employee of the city who has authority to recommend, effectuate or approve the hiring, removal, promotion or discipline of another employee of the city shall not:
1. Discriminate for or against an employee or applicant for employment on the basis of race, color, national origin, religion, age, sex, marital status, political affiliation or physical, aural or visual handicap, except when based upon a bona fide occupational qualification;
2. Solicit or consider a written or oral recommendation or statement concerning a person under consideration for hiring, removal, promotion or discipline, except for:
(a) A record of employment of the person maintained by an employer in the regular course of business; or
(b) An evaluation of the persons character, loyalty, ability, aptitude, suitability, qualifications or history of performance, if within the personal knowledge of the person furnishing the evaluation and if relevant to the position for which the person is under consideration;
3. Coerce an employee to engage in a political activity or to provide, or retaliate against an employee for refusing to provide, a political contribution or service;
4. Deceive or willfully obstruct a person regarding his right to seek a position of employment;
5. Influence a person to withdraw from seeking a position of employment to assist or obstruct another person who seeks such a position;
6. Except as specifically authorized by an ordinance, administrative rule or regulation, or state or federal law, grant a preference or advantage to an employee or applicant for employment, including defining the scope or manner of competition or the requirements for a position of employment, to assist or abstract any person who seeks such a position;
7. Retaliate against an employee or applicant for employment for disclosing information he reasonably believes to evidence:
(a) A violation of an ordinance, administrative rule or regulation, or state or federal law; or
(b) A mismanagement or gross waste of money, an abuse of authority, or a situation that presents a substantial and specific danger to the public health or safety, unless the disclosure is:
(1) Specifically prohibited by a contract to which the city is a party and not required by an ordinance, administrative rule or regulation, or state or federal law; or
κ1987 Statutes of Nevada, Page 795 (CHAPTER 350, SB 281)κ
party and not required by an ordinance, administrative rule or regulation, or state or federal law; or
(2) Prohibited by an ordinance, administrative rule or regulation, or state or federal law; or
8. Retaliate against an employee or applicant for employment for exercising a right of appeal provided by an ordinance, administrative rule or regulation, or state or federal law.
Sec. 10. Section 9.100 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1325, is hereby amended to read as follows:
Sec. 9.100 [Disciplinary authority of city manager; appeal to the commission.] Dismissals, demotions and suspensions.
1. The city manager [may suspend for a period not exceeding 30 days or discharge or demote any employee of the city within the provisions of this article for justifiable cause. Justifiable cause is:
(a) The inability or failure of an employee, for any reason, to perform the duties of his position properly and efficiently;
(b) Any action by an employee which reduces the employees effectiveness or which brings discredit to the city service; or
(c) The violation by an employee of any provision of this article or of the regulations of the commission.
2. The city manager shall immediately report his action to the secretary of the commission and deliver to the commission a copy of the complaint setting forth the reason for discharge, suspension or demotion and the name of the complainant, if other than the city manager.
3. Within 10 days after the discharge, suspension or demotion, the employee so discharged, suspended or demoted may appeal to the commission by filing with the secretary a notice of appeal in the following or similar form: To the Civil Service Commission of Sparks, Nevada: Please take notice that I appeal the order of the city manager of the City of Sparks, dated .............................. 19..., (demoting, discharging or suspending) me. The notice of appeal must be signed by the employee demoted, discharged or suspended and clearly state his name and address.] or his designated representative may suspend without pay for a period not to exceed 30 days, or dismiss or demote a classified employee pursuant to regulations adopted by the civil service commission.
2. A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the action and the reasons therefor. The notice may be delivered personally to the employee or mailed to him at his last known address by registered or certified mail, return receipt requested. The effective date of the dismissal, involuntary demotion or suspension is the date of delivery of the notice or, if notice is mailed and the letter is returned to the sender, 3 days after mailing.
κ1987 Statutes of Nevada, Page 796 (CHAPTER 350, SB 281)κ
the notice or, if notice is mailed and the letter is returned to the sender, 3 days after mailing.
Sec. 11. Section 9.120 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 743, is hereby amended to read as follows:
Sec. 9.120 Notice of hearing: Method of service. Notice of the time and place of [such hearing, together with a copy of the charges preferred, shall] a hearing scheduled pursuant to section 9.105 must be served upon the employee, and may be served in the same manner as a summons is served in this state or by mailing it to the employee [by deposit in the United States post office at Sparks, Nevada, addressed to the employee] by registered or certified mail, return receipt requested, at the address stated in the notice of appeal with postage thereon fully prepaid. [Service by mail is full and adequate service of notice of all matters relating to such discharge, suspension or demotion until the final disposition of the matter by the commission whether such notice is received by the employee or not.] An affidavit by a person serving notice by mail pursuant to this section setting forth the facts of service shall be deemed to constitute conclusive proof that all parties in interest have been provided with full and sufficient notice of the hearing.
Sec. 12. Section 9.170 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 744, is hereby amended to read as follows:
Sec. 9.170 Meetings of the commission.
1. Upon the request of the city manager, advising the commission of matters requiring consideration, the commission shall call a meeting within 15 days after receipt of the request.
2. The commission shall hold not less than one regular meeting per month . [to] The meeting must be held on the same day of each calendar month [.
3. The meeting shall be open to the public.] , except that if the day is a holiday, the meeting must be held on the next business day.
3. Notice of meetings must be given and meetings must be held as provided in chapter 241 of NRS.
Sec. 13. Section 9.190 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1326, is hereby amended to read as follows:
Sec. 9.190 Applicability.
[1.] This article applies to all employees of the City of Sparks, except:
[(a)] 1. Elected officers of the city;
[(b)] 2. The city manager;
[(c)] 3. Persons in appointive positions; and
[(d)] 4. Temporary employees.
κ1987 Statutes of Nevada, Page 797 (CHAPTER 350, SB 281)κ
[2. Any employee of the city who has been confirmed in his position by the city council and who accepts a position as a department head or accepts an appointive position under the provisions of this chapter must, upon his removal from such office or position, be restored to his former position within the department if there is a position available.]
Sec. 14. Sections 9.090, 9.110, 9.130, 9.140, 9.150 and 9.160 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, are hereby repealed.
________
Assembly Bill No. 258Committee on Ways and Means
CHAPTER 351
AN ACT relating to pensions for judicial service; authorizing partial payment of a pension to the surviving spouse of a justice of the supreme court or a district judge when the spouse is not eligible for full benefits; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of $750 per month.
2. If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive such benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
[3.] 4. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.
κ1987 Statutes of Nevada, Page 798 (CHAPTER 351, AB 258)κ
Sec. 2. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of $750 per month.
2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive such benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
[3.] 4. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.
Sec. 3. The surviving spouse of a justice of the supreme court or district judge who died before July 1, 1987, is entitled to receive the benefits provided in this act, beginning July 1, 1987.
________
Assembly Bill No. 609Committee on Judiciary
CHAPTER 352
AN ACT relating to witnesses; limiting the matters provable by the affidavits of certain experts as to the presence of alcohol or a controlled substance; and providing other matters properly relating thereto.
[Approved June 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.315 is hereby amended to read as follows:
50.315 1. Whenever any person has qualified in the district court of any county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of alcohol, a controlled substance whose use or possession is regulated by chapter 453 of NRS, or a chemical, poison or organic solvent, or the identity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in an administrative proceeding or in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
κ1987 Statutes of Nevada, Page 799 (CHAPTER 352, AB 609)κ
district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type which have been certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath, blood or urine to determine the amount by weight of alcohol in his blood;
(b) The identity of a person from whom the affiant obtained a sample of breath, blood or urine;
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons blood.
3. The affidavit of a person who prepared a chemical solution or gas which has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation; and
(b) That he prepared a solution or gas having the chemical composition which is specified by the manufacturer of the device as necessary for accurately calibrating it . [; and
(c) The name of the law enforcement agency or laboratory to which he delivered the solution or gas.]
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That on a specified date he calibrated such a device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit of a person who withdraws a sample of blood from another for analysis by an expert as mentioned in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The identity of the person from whom the affiant withdrew the sample;
(c) The fact that the affiant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
κ1987 Statutes of Nevada, Page 800 (CHAPTER 352, AB 609)κ
and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The person to whom the affiant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations which prescribe the form of the affidavits described in this section.
________
Senate Bill No. 253Committee on Commerce and Labor
CHAPTER 353
AN ACT relating to pharmacy; requiring persons who dispense drugs to comply with the regulations of the state board of pharmacy; requiring practitioners to obtain authorization from the board to dispense controlled substances or dangerous drugs; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any conduct:
(a) Which is intended to deceive; [or]
(b) Which the board has determined is a violation of the standards of practice established by regulation of the board [.] ; or
(c) Which is in violation of a regulation adopted by the state board of pharmacy.
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, to or for himself or to others except as authorized by law.
4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
κ1987 Statutes of Nevada, Page 801 (CHAPTER 353, SB 253)κ
containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
5. 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.
8. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
9. Failing to comply with the requirements of NRS 630.254.
10. Habitual intoxication from alcohol or dependency on controlled substances.
11. Failure by a licensee or applicant to report, within 30 days, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.
12. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
Sec. 2. NRS 631.3485 is hereby amended to read as follows:
631.3485 The following acts, among others, constitute unprofessional conduct:
1. Willful or repeated violations of the provisions of this chapter;
2. Willful or repeated violations of the regulations of the board of health , the state board of pharmacy or [the regulations of] the board of dental examiners; or
3. Failure to pay the fees for a license.
Sec. 3. NRS 633.131 is hereby amended to read as follows:
633.131 1. Unprofessional conduct includes:
(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine.
(b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician or doctor of osteopathy, or by a similar term.
(c) 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 an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.
(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by [board regulation.]
κ1987 Statutes of Nevada, Page 802 (CHAPTER 353, SB 253)κ
does not conform to the guidelines established by [board regulation.] regulations of the board.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or
(2) 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.
(g) 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 or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.
(i) Performing, assisting in or advising an unlawful abortion or [in] the injection of any liquid silicone substance into the human body.
(j) Willful disclosure of a communication privileged under a statute or court order.
(k) Willful disobedience of the regulations of the state board of health , the state board of pharmacy or [of] the state board of osteopathic medicine.
(l) 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.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses under this chapter to practice osteopathic 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.
Sec. 4. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued for any of the following causes:
1. The making of a false statement in any affidavit required of the applicant for application, examination or registration under this chapter.
2. Lending the use of the holders name to an unregistered person.
3. If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
4. Habitual indulgence in the use of alcohol or any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.
κ1987 Statutes of Nevada, Page 803 (CHAPTER 353, SB 253)κ
to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.
5. Conviction of a crime involving moral turpitude.
6. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
7. The commission of fraud by or on behalf of the licensee regarding his license or practice.
8. Gross incompetency.
9. Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.
10. False representation by or on behalf of the licensee regarding his practice.
11. Unethical or unprofessional conduct.
12. Willful and repeated violations of this chapter or regulations adopted by the board.
13. Willful violation of the regulations adopted by the state board of pharmacy.
Sec. 5. NRS 638.140 is hereby amended to read as follows:
638.140 The following acts, among others, are grounds for disciplinary action:
1. Violation of [regulations] a regulation adopted by the state board [;] of pharmacy or the Nevada state board of veterinary medical examiners;
2. Habitual drunkenness;
3. Addiction to the use of a controlled substance as defined in chapter 453 of NRS;
4. Conviction of or a plea of nolo contendere to a felony, or any offense involving moral turpitude;
5. Incompetence, gross negligence, or other malpractice pertaining to veterinary medicine as evidence by a claim of malpractice settled against the holder of a license;
6. Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS; or
7. Willful failure to comply with any provision of this chapter, a regulation, subpena or order of the board, or an order of a court.
Sec. 6. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A practitioner shall not dispense for human consumption controlled substances or dangerous drugs, or both, for profit in the usual course of his professional practice unless he first applies for and obtains authorization from the board and pays the required fee.
2. Each person to whom authorization is given pursuant to subsection 1 may, if his authorization has not been revoked, renew his authorization biennially upon making application to the board and paying the required renewal fee.
κ1987 Statutes of Nevada, Page 804 (CHAPTER 353, SB 253)κ
Sec. 7. NRS 639.070 is hereby amended to read as follows:
639.070 1. The board may:
(a) [Make] Adopt such regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
(b) [Make] Adopt regulations requiring that prices charged by retail pharmacies for prescription drugs and medicines be posted in the pharmacies and be given on the telephone to persons requesting such information.
(c) [Make] Adopt regulations, not inconsistent with the laws of this state, authorizing the secretary to issue certificates, licenses and permits required by chapters 453 and 454 of NRS and this chapter.
(d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.
(e) Regulate the practice of pharmacy.
[(e)] (f) Regulate the [sales] sale and dispensing of poisons, drugs, chemicals and medicines.
[(f)] (g) Regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices, including but not limited to requirements relating to the inventories and records of individual classes of institutional pharmacies and drugs stored in hospitals.
[(g)] (h) Examine and register as pharmacists applicants whom it deems qualified to be pharmacists.
[(h)] (i) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
[(i)] (j) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
[(j)] (k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
[(k)] (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of chapter 454 of NRS and this chapter.
2. This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 8. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he [is] :
(a) Is a prescribing practitioner, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, or a registered pharmacist under the provisions of this chapter [.] ; and
(b) Complies with the regulations adopted by the board.
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person may act as a manufacturer or wholesaler unless he has obtained a permit from the board.
κ1987 Statutes of Nevada, Page 805 (CHAPTER 353, SB 253)κ
medical gases need not be registered pharmacists under the provisions of this chapter, but no person may act as a manufacturer or wholesaler unless he has obtained a permit from the board.
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers controlled substances as defined in chapter 453 of NRS, which are intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and such a person shall not furnish, sell or offer to sell such substances until he has obtained a permit from the board.
4. Each application for such a permit must be made on a form furnished by the board and no application may be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to the applicant. Each permit must be issued to a specific person for a specific location, and renewed biennially.
Sec. 9. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
For investigation and examination of applicant for certificate as registered pharmacist ............................................................................................................ $200
For investigation and examination of applicant for certificate as registered pharmacist by reciprocity........................................................................................... 150
For the investigation or issuance of an original license to conduct a retail pharmacy .............................................................................................................. 400
For biennial renewal of a license to conduct a retail pharmacy.............. 300
For the investigation or issuance of an original license to conduct a hospital pharmacy for inpatients............................................................................................ 400
For biennial renewal of a license to conduct a hospital pharmacy for inpatients 300
For issuance of certificate of registration as registered pharmacist....... 50
For biennial renewal of certificate of registration as registered pharmacist 100
For reinstatement of lapsed certificate of registration (in addition to renewal fees for period of lapse)........................................................................................ 50
For issuance of duplicate certificate of registration................................. 25
For biennial registration of a hospital pharmaceutical technician.......... 10
For issuance of manufacturers or wholesalers permit........................... 100
For biennial renewal of permit for manufacturer or wholesaler............... 200
For issuance of permit to vend, sell, offer to sell or furnish any hypodermic device ................................................................................................................ 25
For biennial renewal of permit to vend, sell, offer to sell or furnish any hypodermic device........................................................................................................ 50 For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon............. $25
κ1987 Statutes of Nevada, Page 806 (CHAPTER 353, SB 253)κ
For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon...................................................................................... $25
For biennial renewal of a certificate of registration issued to a registered pharmacist placed on inactive status....................................................................... 50
For authorization of practitioner to dispense controlled substances or dangerous drugs, or both.......................................................................................... 300
For biennial renewal of authorization of practitioner to dispense controlled substances or dangerous drugs, or both............................................ 300
2. If a person requests a special service from the board or requests the board to convene a special meeting, he shall pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.
3. All fees are payable in advance and must not be refunded.
4. The board may, by regulation, set the penalty for failure to pay the renewal fee for any license, permit , authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the renewal fees for each year of delinquency.
Sec. 10. NRS 453.381 is hereby amended to read as follows:
453.381 1. A physician, dentist or podiatrist may prescribe, administer or dispense controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he is prohibited from prescribing, administering or dispensing controlled substances listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess, administer and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
3. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the course of the professional practice of a physician, dentist, podiatrist or veterinarian.
4. Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of the physician, dentist, podiatrist or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
5. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of [any] such a controlled substance to registrants.
6. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
κ1987 Statutes of Nevada, Page 807 (CHAPTER 353, SB 253)κ
shall not possess, transport or furnish any controlled substance listed in schedule II.
7. No person may dispense a controlled substance in violation of a regulation adopted by the board.
Sec. 11. NRS 454.215 is hereby amended to read as follows:
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner or to an institutional pharmacy upon the written order of the prescribing practitioner in charge ; [.]
2. An institutional pharmacy, in case of emergency, upon a written order signed by the chief medical officer ; [.]
3. A practitioner, or a physicians assistant if authorized by the board ; [.]
4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board ; [.]
5. A medical intern in the course of his internship [.] ; or
6. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs [.] ,
except that no person may dispense a dangerous drug in violation of a regulation adopted by the board.
Sec. 12. NRS 454.301 is hereby amended to read as follows:
454.301 1. A practitioner who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends such a patient may do so without writing a prescription if:
(a) He keeps accurate records, as required by NRS 454.286, of all drugs so furnished;
(b) The drugs so furnished are clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use, the name and strength and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and
(c) Such drugs are not dispensed or furnished [by] :
(1) By a nurse or attendant [.] ; or
(2) In violation of a regulation adopted by the board.
2. A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of such a rancher or dealer, and when furnishing such drugs the veterinarian is not required to comply with the provisions of subsection 1 [.] , except for subparagraph (2) of paragraph (c).
Sec. 13. NRS 454.371 is hereby amended to read as follows:
454.371 1. If the board finds any drug to be dangerous to the public health or safety, it may adopt a regulation not inconsistent with NRS 454.181 to 454.371, inclusive, limiting or restricting the furnishing or dispensing of [such] the drug.
κ1987 Statutes of Nevada, Page 808 (CHAPTER 353, SB 253)κ
2. A violation of [any] such a regulation [shall] must be punished in the same manner as [is] provided in NRS 454.306 to 454.356, inclusive.
Sec. 14. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 75Committee on Taxation
CHAPTER 354
AN ACT relating to local governmental financial administration; authorizing the executive director of the department of taxation to exclude fees for building permits from the maximum allowable revenue from fees of a local government under certain circumstances; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executive director of the department of taxation may exclude the fees charged by a local government for building permits from the limit on the maximum allowable revenue from fees established pursuant to NRS 354.5989, upon application by the local government, if the local government creates an enterprise fund exclusively for fees for building permits.
2. If fees for building permits are excluded from the maximum allowable revenue from fees of a local government pursuant to the provisions of this section:
(a) Any interest or other income earned on the money in the enterprise fund must be credited to the fund; and
(b) The local government shall not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of building permits, including without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The executive director of the department of taxation shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.
Sec. 2. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. [A] Except as otherwise provided in section 1 of this act, a local government shall not increase any fee for a license or permit or adopt a fee for a license or permit, including without limitation every license or permit issued for revenue or regulation or both, such as business licenses, liquor licenses, gaming licenses, and building and zoning permits, except as permitted by this section. This prohibition does not apply to fees imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District.
κ1987 Statutes of Nevada, Page 809 (CHAPTER 354, AB 75)κ
2. The amount of revenue derived by the local government from all fees except those excluded by subsection 1, for the fiscal year ended on June 30, 1982, is the base from which the maximum allowable revenue from such fees must be calculated for subsequent years. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by:
(a) Eighty percent of the proportionate increase in the Consumer Price Index from January 1, 1982, to January 1 next preceding the fiscal year for which the calculation is made; and
(b) The quotient of the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls since July 1, 1982, divided by the total assessed valuation, for the fiscal year next preceding the one for which the calculation is made, of all property except that new property added.
3. A local government may not increase any fee for a license or permit which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding calendar year by 80 percent or more of the increase in the Consumer Price Index during that preceding calendar year.
4. If the executive director of the department of taxation excludes fees for building permits from the maximum allowable revenue from fees of a local government pursuant to section 1 of this act, he shall decrease the maximum allowable revenue from fees established pursuant to this section for that local government by an amount equal to the portion of the total fees otherwise allowable which was attributable to fees for building permits.
5. A local government may submit an application to increase its revenue from fees beyond the maximum allowable under this section to the Nevada tax commission, which may grant the application only if it finds that under the circumstances a special distribution could be made from the reserve fund for the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution.
[5.] 6. The provisions of this section apply to any license or permit for any purpose regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.
________
κ1987 Statutes of Nevada, Page 810κ
Assembly Bill No. 742Committee on Judiciary
CHAPTER 355
AN ACT relating to juries; revising the provision governing the termination or threatened termination of the employment of a juror or prospective juror; prohibiting the dissuasion of a person from serving as a juror; providing penalties; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 6.190 is hereby amended to read as follows:
6.190 1. Any person, corporation, partnership, association or other entity who is:
(a) An employer; or
(b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,
of a person who is a juror or who has received a summons to appear for jury duty, and who deprives the juror or person summoned of his employment, as a consequence of his service as a juror or prospective juror, or who asserts to [such] the juror or person summoned that his service as a juror or prospective juror will result in termination of his employment, is guilty of a gross misdemeanor.
2. A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits; [and]
(d) Reasonable attorneys fees fixed by the court [.] ; and
(e) Punitive or exemplary damages in an amount not to exceed $50,000.
3. Each summons to appear for jury duty [shall] must be accompanied by a notice to the employer of the person summoned. The notice [shall] must inform the employer that the person has been summoned for jury duty and [shall] must include a copy of the provisions of subsections 1 and 2. The person summoned, if he is employed, shall give the notice to his employer at least 1 day before he is to appear for jury duty.
4. Except as otherwise provided in this section, any person who in any manner dissuades or attempts to dissuade a person who has received a summons to appear for jury duty from serving as a juror is guilty of a misdemeanor.
________
κ1987 Statutes of Nevada, Page 811κ
Assembly Bill No. 208Committee on Taxation
CHAPTER 356
AN ACT relating to property tax; changing the time for filing for exemptions; establishing the procedure for removing exemptions on property transferred from an exempt owner to an owner who is not exempt; revising the provisions relating to the classification of mobile homes and factory-built housing as real property; providing for the processing of changes in ownership after the closing of the tax roll; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.077 is hereby amended to read as follows:
361.077 1. All property, both real and personal, [owned by any individual, group of individuals, partnership, firm, company, corporation, association, trust, estate or other legal entity] is exempt from taxation to the extent that [such] the property is used as:
(a) A facility, device or method for the control of air or water pollution; or
(b) Part of a permanently installed irrigation system of pipes or concrete-lined ditches and headgates to increase efficiency and conservation in the use of water, when [such] the water is to be used for irrigation and agricultural purposes on land devoted to agricultural purposes by the owner of [such] the pipes or concrete-lined ditches.
2. As used in this section, facility, device or method for the control of air or water pollution means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of [such] the use, construction, acquisition or installation is compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.
3. As used in this section, facility, device or method for the control of air or water pollution does not include:
(a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.
(b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.
(c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or by-product, nor does it include a facility or device which, when installed and operating, results in a new reduction of operating costs.
κ1987 Statutes of Nevada, Page 812 (CHAPTER 356, AB 208)κ
4. The exemption may be allowed only to a person who files an affidavit declaring that the property for which the exemption is being sought meets the requirements of subsection 1. The affidavit must be filed, on or before August 1 of the year preceding the year for which the tax is levied, with the Nevada tax commission.
5. The department shall prepare and publish a report each fiscal year showing:
(a) The assessed value of properties within each county which are exempt from taxation under this section;
(b) The loss in tax revenues to the state general fund and to each local taxing entity from the exemption; and
(c) Such other information as the department may deem relevant to indicate the [impact] effect of the [tax dollar] loss of tax revenue on the state and on local taxing entities.
Each county assessor shall provide the department with the data it needs to complete the report required by this section.
Sec. 2. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of that person.
3. The exemption may be allowed only to a claimant who files an affidavit annually, on or before [August] November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the secured tax roll, but the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state.
κ1987 Statutes of Nevada, Page 813 (CHAPTER 356, AB 208)κ
all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof, of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 3. NRS 361.091 is hereby amended to read as follows:
361.091 1. An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption may be allowed only to a claimant who has made an affidavit annually, on or before [August] November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
κ1987 Statutes of Nevada, Page 814 (CHAPTER 356, AB 208)κ
section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Veterans Administration or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5.
7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
Sec. 4. NRS 361.155 is hereby amended to read as follows:
361.155 1. Except as otherwise provided for a specific exemption, all claims for tax exemptions on real property must be filed on or before [August] November 1 of the year preceding the year for which the tax is levied. All exemptions provided for under this chapter apply on a fiscal year basis and any exemption granted under this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
2. Any tax exemption granted pursuant to this chapter for real property which is transferred to a new owner before June 15, or any other date designated for this purpose by the board of county commissioners, must be reviewed and, if appropriate, adjusted or removed from the tax roll for the next succeeding fiscal year.
Sec. 5. NRS 361.229 is hereby amended to read as follows:
361.229 1. The actual age of each improvement made on a parcel of land must be adjusted, for the purpose of computing depreciation, when any addition is made or replacement is made whose cost, added to the cost of any prior replacements, is at least 10 percent of the cost of replacement of the improvement after the work is done. For the purposes of this section, replacement does not include changing or adding finish or covering to floors or walls, changing or adding small appliances, or other normal maintenance of the improvement in a good condition.
κ1987 Statutes of Nevada, Page 815 (CHAPTER 356, AB 208)κ
replacement does not include changing or adding finish or covering to floors or walls, changing or adding small appliances, or other normal maintenance of the improvement in a good condition. [The]
2. Except as otherwise provided in subsection 3, the amount of the reduction must be the product of the prior actual age multiplied by the ratio of the cost of the replacement or addition to the cost of replacement of the improvement after the work is done.
3. The amount of the reduction for additions which increase the floor area of the improvement may be calculated by multiplying the prior actual age of the improvement by the ratio of the number of square feet of additional floor area to the total number of square feet of the improvement including the addition.
Sec. 6. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile home, as defined in NRS 361.561, is eligible to become real property if the running gear is removed and:
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.
2. A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. That assessor shall not place a mobile home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of commerce that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;
(b) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorders office of the county in which the mobile home is located; and
(c) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.
3. Factory-built housing, as defined in NRS 461.080, constitutes real property if:
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.
4. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 7. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county [as of July 1] which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property.
κ1987 Statutes of Nevada, Page 816 (CHAPTER 356, AB 208)κ
1] which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. Any real property [whose existence is ascertained after July 1 in each assessment] in existence on the following July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year must be placed on the unsecured tax roll.
2. In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.
3. In addition to the inquiry and examination required in subsection 1, for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
4. The county assessor shall physically reappraise all real property at least once every 5 years.
Sec. 8. NRS 361.310 is hereby amended to read as follows:
361.310 1. On or before January 1 of each year, the county assessor of each of the several counties shall complete his tax list or assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of [such] the affidavit must be filed immediately by the assessor with the department. The failure to take or subscribe to [such] the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.
2. The county assessor may close his roll as to changes in ownership of property on December 1 of each year or on any other date which may be approved by the board of county commissioners. After January 1, the roll may be reopened for changes in ownership until June 15 or any other date approved by the board of county commissioners.
κ1987 Statutes of Nevada, Page 817 (CHAPTER 356, AB 208)κ
3. The county assessor may close his roll as to changes in the parceling of property on December 1 of each year or on any other date which may be approved by the board of county commissioners.
Sec. 9. NRS 361.790 is hereby amended to read as follows:
361.790 1. Whenever a person has acquired a legal, equitable, security or vendees interest in a parcel of real property, which is a part of a larger parcel upon which there are [assessed] deferred or delinquent taxes, and [such] the person offers to tender to the county treasurer, in the county where the real estate is assessed, his prorated share of the tax on the larger parcel, covering the parcel in which he has acquired an interest, then the county treasurer shall make a report of [such] the offer to the board of county commissioners of [such] the county.
2. The board of county commissioners shall then examine the report of the county treasurer, and request a report from the county assessor as to the relative values of each parcel together with such other evidence as may be presented in connection therewith. If, after reviewing [such] the report and evidence, the board of county commissioners is satisfied that the person offering to tender payment of the taxes due has a legal or beneficial interest in the smaller parcel only, it shall:
(a) Determine what proportion of the assessment and tax on the entire parcel affected [shall be attributed] are attributable to the smaller parcel.
(b) Enter an order in the minutes of the board, directing:
(1) Each officer who has custody of the tax or assessment roll for the year for which the offer to tender has been made and for each subsequent year to divide and prorate the assessment and tax accordingly.
(2) The county treasurer to accept the prorated tax when tendered and apply it to the proper parcel. If the smaller parcel has, at any time prior thereto, been conveyed to the county treasurer pursuant to NRS 361.585, the board shall enter a further order directing the county treasurer to issue and deliver a deed conveying the property to the person who has tendered the tax upon payment to the county treasurer of the cost, penalties and interest chargeable against the prorated tax for each fiscal period for which the tax remains unpaid, until the time of [such] conveyance.
(3) The county assessor to assess each parcel separately thereafter.
(c) Direct the clerk of the board to mail a copy of [such] the order to the person offering to tender payment.
3. If the board of county commissioners issues the orders pursuant to subsection 2, the county treasurer shall issue a receipt to the person when he tenders payment of taxes . [, which receipt shall be] The receipt is conclusive evidence for the payment of all taxes assessed against the particular parcel for which the payment of tax is tendered, and [shall be] is a complete defense to any action for taxes due on [such] the parcel which may be brought for the period covered by the receipt.
4. Each county assessor receiving a request for a report as provided for in subsection 2 shall submit [such] the report to the board of county commissioners within 30 days [.] after receipt of the request.
κ1987 Statutes of Nevada, Page 818 (CHAPTER 356, AB 208)κ
5. The provisions of this section apply to delinquencies which occurred either before , on or after April 20, 1967.
________
Assembly Bill No. 730Committee on Commerce
CHAPTER 357
AN ACT relating to chiropractors; providing for the placement of a license to practice chiropractic on inactive status; changing the requirements for the issuance of a license to an applicant licensed in another state; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who holds a license to practice chiropractic in this state but who does not maintain an active practice may maintain his license on inactive status by notifying the board and paying an annual fee prescribed by the board of not more than $50.
2. An applicant to have an inactive license restored to active status shall:
(a) Submit satisfactory evidence to the board that he has maintained an active practice in another state, territory or country within the preceding 5 years;
(b) Submit satisfactory evidence to the board from all other licensing agencies from whom he has a license that he is in good standing and has no legal actions pending against him;
(c) Submit satisfactory evidence to the board that he has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he seeks to go on active status; and
(d) Pay a fee of not more than $200.
3. If any of the conditions of paragraphs (a) to (d), inclusive, of subsection 2 are not met by an applicant for active status, the board shall hold a hearing to determine the applicants professional competency before placing the license on active status.
Sec. 2. NRS 634.110 is hereby amended to read as follows:
634.110 Any applicant of good moral character may be licensed [without written examination] upon the payment of the fee required by this chapter if [:] he passes the examination required by NRS 634.070 and:
1. He [passes the required oral and practical examination and] holds a certificate from the National Board of Chiropractic Examiners; or
2. He is licensed by a chiropractic board of any other state or territory [which similarly licenses without written examination an applicant of good moral character licensed by the Nevada state board of chiropractic examiners, and] where the qualifications required are equal to or higher than those required [in this chapter at the date of application.]
κ1987 Statutes of Nevada, Page 819 (CHAPTER 357, AB 730)κ
moral character licensed by the Nevada state board of chiropractic examiners, and] where the qualifications required are equal to or higher than those required [in this chapter at the date of application.] for a certificate from the National Board of Chiropractic Examiners.
________
Senate Bill No. 260Senators Redelsperger, Beyer, Coffin, Horn, Joerg, Neal, OConnell, Raggio, Rawson, Rhoads and Shaffer
CHAPTER 358
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to change the method used to tax new mobile homes and new manufactured homes and to exempt used mobile homes and used manufactured homes from the tax; contingently creating the same exemptions to certain analogous taxes; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 8, 1988, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 8, 1988, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955, as amended.
the people of the state of nevada do enact as follows:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 62, immediately following section 61, to read as follows:
κ1987 Statutes of Nevada, Page 820 (CHAPTER 358, SB 260)κ
section to be designated as section 62, immediately following section 61, to read as follows:
Sec. 62. 1. There are exempted from the taxes imposed by this act an amount equal to 40 percent of the gross receipts from the sales and storage, use or other consumption of new manufactured homes and new mobile homes.
2. There are exempted from the taxes imposed by this act the gross receipts from the sales and storage, use or other consumption of used manufactured homes and used mobile homes for which taxes under this act have been paid as a result of a previous sale, storage, use or consumption.
3. As used in this section:
(a) Manufactured home has the meaning ascribed to it in NRS 489.113; and
(b) Mobile home has the meaning ascribed to it in NRS 489.120. The term does not include a motor home as defined in NRS 482.071.
Sec. 2. This act becomes effective on the date on which the votes cast on the question are canvassed pursuant to NRS 293.395.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption for an amount equal to 40 percent of the gross receipts from the sale of any new manufactured home or new mobile home and for the gross receipts from the sale of any used manufactured home or used mobile home?
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act an amount equal to 40 percent of the gross receipts from the sale of any new manufactured home or new mobile home. It would also exempt from the taxes the gross receipts from the sale of any used manufactured home or used mobile home. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemptions.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on the date on which the votes therefor are canvassed pursuant to NRS 293.395. If a majority of votes cast on the question is no, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
κ1987 Statutes of Nevada, Page 821 (CHAPTER 358, SB 260)κ
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There are exempted from the taxes imposed by this chapter an amount equal to 40 percent of the gross receipts from the sales and storage, use or other consumption of new manufactured homes and new mobile homes.
2. There are exempted from the taxes imposed by this chapter the gross receipts from the sales and storage, use or other consumption of used manufactured homes and used mobile homes for which taxes under this chapter have been paid.
3. As used in this section:
(a) Manufactured home has the meaning ascribed to it in NRS 489.113; and
(b) Mobile home has the meaning ascribed to it in NRS 489.120. The term does not include a motor home as defined in NRS 482.071.
Sec. 10. Section 9 of this act becomes effective on the date on which the votes cast on the question provided for in section 3 of this act are canvassed pursuant to NRS 293.395, only if the question is approved by the voters at the general election on November 8, 1988.
________
κ1987 Statutes of Nevada, Page 822κ
Assembly Bill No. 377Assemblymen Adler, Dini, Swain, Nicholas, Thomas, Kissam, Price, Thompson, Gaston, Lambert, Craddock, Haller and Triggs
CHAPTER 359
AN ACT relating to handicapped persons; guaranteeing to a physically handicapped person with a helping dog the same rights accorded to a blind person with a guide dog; expanding the definitions of guide dog and hearing dog to include dogs in training; requiring their admittance to buildings open to the public; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Helping dog means a dog which has been or is being specially trained by or in conjunction with a school for helping dogs to the individual requirements of a physically handicapped person to:
1. Provide a minimum of protection;
2. Rescue the person in certain situations;
3. Pull a wheelchair;
4. Fetch dropped items; or
5. Provide other services to the person.
Sec. 3. School for helping dogs means a school which trains dogs to be helping dogs and which is approved by the division.
Sec. 4. NRS 426.005 is hereby amended to read as follows:
426.005 It is the policy of this state to:
1. Enable the visually , aurally and physically handicapped to participate fully in the social and economic life of the state and to engage in remunerative employment and to secure for them the same rights as the able-bodied to the full and free use of the street, highways, sidewalks, walkways, public buildings, public facilities and other public places.
2. Promote these objectives by periodic public observance in which the people of the state are reminded:
(a) Of the significance of the white cane [.] and the blaze orange dog leash.
(b) To observe the provisions of the laws for the protection of the disabled and to take precautions necessary to the safety of the disabled.
(c) Of the policies of the state with respect to the visually and physically disabled and to cooperate in giving effect to them.
(d) Of the need to:
(1) Be aware of the presence of disabled persons in the community;
(2) Keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited; and
κ1987 Statutes of Nevada, Page 823 (CHAPTER 359, AB 377)κ
(3) Offer assistance to disabled persons upon appropriate occasions.
Sec. 5. NRS 426.031 is hereby amended to read as follows:
426.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 426.035 to 426.091, inclusive and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 426.075 is hereby amended to read as follows:
426.075 Guide dog means a dog which has been or is being specially trained by or in conjunction with a school for guide dogs to lead in harness and serve as an aid to the mobility of a particular blind person.
Sec. 7. NRS 426.081 is hereby amended to read as follows:
426.081 Hearing dog means a dog which has been or is being specially trained by or in conjunction with a school for hearing dogs to alert a particular deaf person to certain sounds.
Sec. 8. NRS 426.510 is hereby amended to read as follows:
426.510 1. Except as otherwise provided in subsections 2 [and 3, no person may use] , 3 and 4, a person shall not:
(a) Use a guide dog, [a] hearing dog or helping dog or blaze orange dog leash [or carry] ; or
(b) Carry or use on any street [, highway,] or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.
2. A blind person may use a guide dog, a blaze orange dog leash and a cane or walking stick which is white or metallic in color, or white tipped with red.
3. A deaf person may use a hearing dog and a blaze orange dog leash.
4. A physically handicapped person may use a helping dog and a blaze orange dog leash.
5. Any pedestrian who approaches or encounters a person using a guide dog or carrying a cane or walking stick white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.
[5.] 6. Any person other than a blind person who:
(a) Uses a guide dog or [a blaze orange dog leash or] carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;
(b) Fails to heed the approach of a person using a guide dog or carrying such a cane as is described by this section;
(c) Fails to come to a stop upon approaching or coming in contact with a person so using a guide dog or so carrying such a cane or walking stick; or
(d) Fails to take precaution against accident or injury to such a person after coming to a stop,
as provided for in this section, is guilty of a misdemeanor.
[6.] 7. Any person other than a blind, deaf or physically handicapped person who uses a blaze orange dog leash is guilty of a misdemeanor.
κ1987 Statutes of Nevada, Page 824 (CHAPTER 359, AB 377)κ
8. This section does not apply to any person who is instructing a blind , [or] deaf or physically handicapped person or training a guide dog , [or a] hearing dog [.] or helping dog.
Sec. 9. NRS 426.515 is hereby amended to read as follows:
426.515 The failure of a:
1. Blind person to carry a white or metallic colored cane or to use a guide dog or a blaze orange dog leash; [or]
2. Deaf person to use a hearing dog or a blaze orange dog leash [,] ; or
3. Physically handicapped person to use a helping dog or a blaze orange dog leash,
does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by [such a] that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the blind , [or] deaf or physically handicapped persons making use of the facilities or services offered by the carrier or place of public accommodation.
Sec. 10. NRS 426.790 is hereby amended to read as follows:
426.790 1. It is unlawful for any person to beat, harass, intimidate or interfere with a guide dog , [or a] hearing dog [.] or helping dog.
2. Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.
Sec. 11. NRS 118.105 is hereby amended to read as follows:
118.105 1. A landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS solely because a guide dog , [or a] hearing dog or helping dog will be residing with the prospective tenant in the dwelling.
2. A landlord may require proof that a dog is a guide dog , [or a] hearing dog [.] or helping dog. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a visually , [or] aurally or physically handicapped person upon his graduation from a school for guide dogs , [or a] school for hearing dogs [.] or school for helping dogs.
3. For the purposes of this section, the terms guide dog, hearing dog, [school for guide dogs and] helping dog, school for guide dogs, school for hearing dogs and school for helping dogs have the meanings ascribed to them respectively in NRS 426.075 to 426.091, inclusive [.] , and sections 2 and 3 of this act.
Sec. 12. NRS 651.075 is hereby amended to read as follows:
651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a visually , [or] aurally or physically handicapped person because he is accompanied by a guide dog , [or] hearing dog [; or
(b)] or helping dog;
(b) Refuse admittance or service to a person training such a dog; or
κ1987 Statutes of Nevada, Page 825 (CHAPTER 359, AB 377)κ
(c) Charge an additional fee for such a dog.
2. A place of accommodation may require proof that a dog is a guide dog , [or a] hearing dog [. Such] or helping dog, or that a person is training such a dog. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a [visually or] trainer of such a dog or to a visually, aurally or physically handicapped person upon his graduation from a school for guide dogs , [or a] school for hearing dogs [.] or school for helping dogs.
3. A guide dog , [or] hearing dog or helping dog may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve a visually , [or] aurally or physically handicapped person or a person who trains such a dog from liability for damage which may be caused by his guide dog , [or] hearing dog [.] or helping dog.
5. Visually , [or] aurally or physically handicapped persons accompanied by guide dogs , [or] hearing dogs or helping dogs are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
6. For the purposes of this section, the terms [guide dog and] guide dog, hearing dog and helping dog have the meanings ascribed to them respectively in NRS 426.075 and 426.081 [.] and section 2 of this act.
Sec. 13. NRS 704.145 is hereby amended to read as follows:
704.145 1. It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a visually , [or] aurally or physically handicapped person because he is accompanied by a guide dog , [or a] hearing dog [;] or helping dog; or
(b) Charge an additional fee for such a dog.
2. This section does not relieve a visually , [or] aurally or physically handicapped person from liability for damage which may be caused by his guide dog , [or] hearing dog [.] or helping dog.
3. Visually , [or] aurally or physically handicapped persons accompanied by guide dogs , [or] hearing dogs or helping dogs are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms [guide dog and] guide dog, hearing dog and helping dog have the meanings ascribed to them respectively in NRS 426.075 and 426.081 [.] and section 2 of this act.
Sec. 14. NRS 706.366 is hereby amended to read as follows:
706.366 1. It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a visually , [or] aurally or physically handicapped person because he is accompanied by a guide dog , [or] hearing dog [;] or helping dog; or
(b) Charge an additional fee for such a dog.
κ1987 Statutes of Nevada, Page 826 (CHAPTER 359, AB 377)κ
2. This section does not relieve a visually , [or] aurally or physically handicapped person from liability for damage which may be caused by his guide dog , [or] hearing dog [.] or helping dog.
3. Visually , [or] aurally or physically handicapped persons accompanied by guide dogs , [or] hearing dogs or helping dogs are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms [guide dog and] guide dog, hearing dog and helping dog have the meanings ascribed to them respectively in NRS 426.075 and 426.081 [.] and section 2 of this act.
________
Assembly Bill No. 9Committee on Commerce
CHAPTER 360
AN ACT relating to financial institutions; requiring the administrator of financial institutions to employ a certified public accountant; authorizing an assessment to cover the related costs; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 658.055 is hereby amended to read as follows:
658.055 1. The administrator may appoint deputy administrators of financial institutions, examiners, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties under this Title, Title 56 of NRS or under any other law.
[2.] These employees shall perform such duties as may be assigned to them by the administrator.
2. The administrator shall employ a certified public accountant to review and conduct independent audits and examinations of financial institutions. The administrator shall levy an assessment upon each licensed financial institution to cover all of the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
Sec. 2. Chapter 659 of NRS is hereby amended by adding thereto a new section to read as follows:
Each bank shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 3. Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:
Each mortgage company shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
κ1987 Statutes of Nevada, Page 827 (CHAPTER 360, AB 9)κ
Sec. 4. Chapter 649 of NRS is hereby amended by adding thereto a new section to read as follows:
Each collection agency shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 5. Chapter 673 of NRS is hereby amended by adding thereto a new section to read as follows:
Each association shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 6. Chapter 676 of NRS is hereby amended by adding thereto a new section to read as follows:
Each licensee shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 7. Chapter 677 of NRS is hereby amended by adding thereto a new section to read as follows:
Each licensee shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 8. Chapter 678 of NRS is hereby amended by adding thereto a new section to read as follows:
Each credit union shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 9. NRS 645B.052 is hereby repealed.
Sec. 10. 1. This section and section 9 of this act become effective upon passage and approval.
2. Sections 1 to 8, inclusive, of this act become effective on July 1, 1987.
________
Assembly Bill No. 446Committee on Education
CHAPTER 361
AN ACT relating to the department of education; revising provisions governing the organization of the department; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.290 is hereby amended to read as follows:
385.290 1. The superintendent of public instruction may appoint a deputy superintendent of [public instruction,] instructional, research and evaluative services who:
κ1987 Statutes of Nevada, Page 828 (CHAPTER 361, AB 446)κ
deputy superintendent of [public instruction,] instructional, research and evaluative services who:
(a) [Is a graduate of the University of Nevada or a college of equal standard.
(b) Has had at least 20 semester hours in educational subjects by attendance at a standard college or university.
(c) Has had at least 50 months of administrative experience, 30 months of which shall have been in Nevada.] Holds a masters degree in school administration or a related subject from an accredited college or university.
(b) Has a minimum of 3 years of administrative experience which includes:
(1) Supervision and evaluation of staff;
(2) Development and administration of budgets; and
(3) Development of curriculum.
2. The deputy superintendent of [public instruction] instructional, research and evaluative services may perform any duty required of the superintendent of public instruction during the absence of the superintendent and shall do such work as the superintendent may direct under the laws of the state.
Sec. 2. NRS 385.300 is hereby amended to read as follows:
385.300 1. The superintendent of public instruction may appoint [an associate] a deputy superintendent for [administration.] administrative and fiscal services.
2. The [associate] deputy superintendent for [administration] administrative and fiscal services must:
(a) Be a graduate of a 4-year accredited college or university.
(b) Have familiarity with the field of education, as evidenced by:
(1) Sufficient college credits in education to qualify for a Nevada high school teachers certificate; or
(2) Participation in recognized educational research and study.
(c) Have familiarity with the general field of public administration and budgeting, as evidenced by:
(1) Sufficient college credits to qualify for a minor in public administration, government management or business management; or
(2) Experience in the preparation of government budgets, government accounting or government research.
3. No person may be appointed to the position of [associate] deputy superintendent for [administration] administrative and fiscal services unless he has the qualifications outlined in subsection 2 . [in both the fields of education and public administration.]
Sec. 3. NRS 385.310 is hereby amended to read as follows:
385.310 The [associate] deputy superintendent for [administration,] administrative and fiscal services, under the direction of the superintendent of public instruction, shall:
1. Determine the apportionment of all state school money to schools of the state as prescribed by law.
κ1987 Statutes of Nevada, Page 829 (CHAPTER 361, AB 446)κ
2. Develop for public schools of the state a uniform system of budgeting and accounting, which system, when approved by the state board is mandatory for all public schools in the state, and [shall] must be enforced as provided for in subsection 2 of NRS 385.315.
3. Carry on a continuing study of school finance in the state, [and particularly of] particularly the method by which schools are financed on the state level, and make recommendations to the superintendent of public instruction for submission to the state board as he [may, from time to time, deem] deems advisable.
4. Recommend to the superintendent of public instruction for submission to the state board such changes in [budget] budgetary and financial procedures as his studies may show to be advisable.
5. Perform such other statistical and financial duties pertaining to the administration and [finance] finances of the schools of the state as may [, from time to time,] be required by the superintendent of public instruction.
6. Prepare for the superintendent the biennial budgets of the department for consideration by the state board and submission to the governor.
Sec. 4. NRS 385.315 is hereby amended to read as follows:
385.315 In addition to his other duties, the [associate] deputy superintendent for [administration,] administrative and fiscal services, under the direction of the superintendent of public instruction, shall:
1. Investigate any claim against any school fund or separate account established under NRS 354.603 whenever a written protest against the drawing of a warrant, check or order in payment of the claim is filed with the county auditor. If, upon investigation, the [associate] deputy superintendent finds that any such claim is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for [such] the claim, stating the reasons in writing why [such] the order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of the claim nor shall the board of trustees draw a check or order in payment of the claim from a separate account established under NRS 354.603. If the [associate] deputy superintendent finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor or the board of trustees to draw his warrant or its check or order on an account established under NRS 354.603 for [such] the claim, and the county auditor or the board of trustees shall immediately draw his warrant or its check or order in payment of the claim.
2. Inspect the record books and accounts of boards of trustees, and enforce the uniform method of keeping the financial records and accounts of school districts.
3. Inspect the school fund accounts of the county auditors of the several counties, and report the condition of the funds of any school district to the board of trustees thereof.
4. Inspect the separate accounts established by boards of trustees under NRS 354.603, and report the condition of [such] the accounts to the respective boards of county commissioners and county treasurers.
κ1987 Statutes of Nevada, Page 830 (CHAPTER 361, AB 446)κ
NRS 354.603, and report the condition of [such] the accounts to the respective boards of county commissioners and county treasurers.
Sec. 5. NRS 385.320 is hereby amended to read as follows:
385.320 The deputy superintendent of [public instruction] instructional, research and evaluative services and the [associate] deputy superintendent for [administration:] administrative and fiscal services:
1. Are in the unclassified service of the state.
2. Shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 6. NRS 391.080 is hereby amended to read as follows:
391.080 1. Each teacher or other certificated employee employed in this state whose compensation is payable out of public money, except teachers employed pursuant to the provisions of NRS 391.070, must take and subscribe to the constitutional oath of office before entering upon the discharge of his duties.
2. The oath of office, when taken and subscribed, must be filed with the department of education.
3. The superintendent of public instruction, [deputy and associate superintendents of public instruction] his deputy superintendents and other members of the professional staff of the department designated by the superintendent, members of the boards of trustees of school districts, superintendents of schools, principals of schools and notaries public may administer the oath of office to teachers and other certificated employees.
________
Senate Bill No. 276Committee on Commerce and Labor
CHAPTER 362
AN ACT relating to the board of examiners for audiology and speech pathology; authorizing the issuance of subpenas, administering of oaths and adoption of a seal; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 637B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The board may:
1. Issue subpenas for the attendance of witnesses and production of books and papers;
2. Administer oaths when taking testimony in any matter relating to the duties of the board; and
3. Adopt a seal which must be judicially noticed by the courts of this state.
κ1987 Statutes of Nevada, Page 831 (CHAPTER 362, SB 276)κ
Sec. 3. 1. The district court in the county in which any hearing is being conducted by the board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board.
2. If any witness refuses to attend or testify or produce any papers required by that subpena, the board may report to the district court for the county in which the hearing is pending by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed pursuant to section 2 of this act; and
(c) The witness has failed and refused to attend or produce the papers required by subpena before the board in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of that hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the board.
3. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the board, the court may thereupon 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, and upon failure to obey the order, the witness must be dealt with as for contempt of court.
________
Assembly Bill No. 580Committee on Legislative Functions
CHAPTER 363
AN ACT relating to lobbyists; enlarging the scope of reports which a lobbyist must file; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.926 is hereby amended to read as follows:
218.926 1. Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant [who attempts to influence legislative action] shall file with the director between the 1st and 10th day of the month [subsequent to] after each month that the legislature is in session a report concerning his lobbying activities during the previous month.
κ1987 Statutes of Nevada, Page 832 (CHAPTER 363, AB 580)κ
the 1st and 10th day of the month [subsequent to] after each month that the legislature is in session a report concerning his lobbying activities during the previous month. Each report must be on a form prescribed by the director and must include the total expenditures made by the registrant [for directly communicating with a member of the legislative branch to influence legislation,] on behalf of a legislator, including expenditures made by others on behalf of the registrant [for those direct communications] if the expenditures were made with the registrants express or implied consent or were ratified by the registrant. [The]
2. If his expenditures during the previous month exceed $50, the report must include a [monthly] compilation of expenditures , itemized in the manner required by the regulations of the legislative commission, in the following categories:
(a) Entertainment;
(b) Gifts and loans; and
(c) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.
[2. Each registrant shall file the reports of expenditures required by subsection 1 if he has expenditures of $50 or more during the previous month.]
________
Assembly Bill No. 675Committee on Judiciary
CHAPTER 364
AN ACT relating to juvenile courts; allowing the district attorney to disclose to the victim of an act committed by a child the disposition of the case; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.193 is hereby amended to read as follows:
62.193 1. Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. The general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge, or, in case of a reference, as ordered by the referee.
κ1987 Statutes of Nevada, Page 833 (CHAPTER 364, AB 675)κ
2. The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.
3. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care theretofore ordered in the proceedings, unless otherwise ordered by the court.
4. If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection, proceed immediately to make a proper disposition of the case.
5. In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine [individuals] persons making reports when reasonably available.
6. On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.
7. If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately or at a postponed hearing, to make proper disposition of the case.
8. The district attorney may disclose to the victim of an act committed by a child the disposition of the childs case regarding that act. The victim shall not disclose to any other person the information so disclosed by the district attorney.
________
κ1987 Statutes of Nevada, Page 834κ
Assembly Bill No. 128Assemblymen Dini and Price
CHAPTER 365
AN ACT relating to Nevada Magazine; temporarily authorizing it to trade its service of advertising for travel services under certain circumstances; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.290 is hereby amended to read as follows:
231.290 1. The fund for the Nevada Magazine is hereby created as an enterprise fund.
2. All receipts from publication of the Nevada Magazine and from any other operation conducted by the magazine must be deposited with the state treasurer for credit to the fund, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the fund. Claims against the fund must be paid as other claims against the state are paid.
3. This section does not preclude Nevada Magazine from effecting a trade of its service of advertising for travel services which are required by Nevada Magazine if:
(a) A fair market value can be established for the services;
(b) The services are accounted for in the fund; and
(c) The state board of examiners approves the trade.
Sec. 2. This act expires by limitation on July 1, 1989.
________
Assembly Bill No. 256Committee on Ways and Means
CHAPTER 366
AN ACT relating to pensions for judicial service; increasing the maximum number of years of service for which a justice of the supreme court or district judge may earn credit for the calculation of his pension; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating [20] 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [two-thirds] three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
κ1987 Statutes of Nevada, Page 835 (CHAPTER 366, AB 256)κ
Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [two-thirds] three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of [20] 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating [20] 22 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
7. Any justice who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of [funds] money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating [20] 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [two-thirds] three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
κ1987 Statutes of Nevada, Page 836 (CHAPTER 366, AB 256)κ
from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [two-thirds] three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of [20] 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating [20] 22 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees retirement system.
7. Any judge of the district court who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of [funds] money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.
________
κ1987 Statutes of Nevada, Page 837κ
Senate Bill No. 515Committee on Finance
CHAPTER 367
AN ACT relating to silicosis; repealing the provisions relating to the program administered by the health division of the department of human resources; transferring the money in the special silicosis fund to the state general fund and to the trust fund for pensions for silicosis and other disabilities administered by the state industrial insurance system; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 443.145, 443.155 and 443.165 are hereby repealed.
Sec. 2. A person receiving benefits from the special silicosis fund pursuant to former NRS 443.155 is entitled to receive those benefits from the fund created in NRS 617.323.
Sec. 3. 1. On July 1, 1987, the state treasurer shall transfer the money remaining in the special silicosis fund to the trust fund for pensions for silicosis and other disabilities.
2. After making the transfer required by subsection 1, the state treasurer shall transfer all money in excess of $4,000,000 in the trust fund for pensions for silicosis and other disabilities to the state general fund.
________
Senate Bill No. 289Committee on Government Affairs
CHAPTER 368
AN ACT relating to the Las Vegas Valley Water District; making various changes; providing a penalty; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 9 of chapter 167, Statutes of Nevada 1947, at page 562, is hereby amended to read as follows:
Sec 9. 1. The board of directors [shall have power to] may manage and conduct the business and affairs of the district, [to] make and execute all necessary contracts, [to] employ and appoint such agents, officers, and employees, delegates to conventions, or other representatives in the interest of the district as may be required, and prescribe their duties and remuneration, and [to] establish bylaws, rules [,] and regulations for the distribution and use of water in the district. Said bylaws, rules [,] and regulations [shall] must be printed in convenient form for distribution throughout the district.
κ1987 Statutes of Nevada, Page 838 (CHAPTER 368, SB 289)κ
convenient form for distribution throughout the district. [For the purpose of acquiring] To acquire control over government lands within the district, and [of complying] to comply with the provisions of an act of Congress of August 11, 1916, entitled An act to promote reclamation of arid lands, the board [shall have power to] may make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite. The board and its agents and employees [shall have the right to] may enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location.
2. The board may provide its employees with benefits relating to their retirement, disability and death, including the establishment of a pension plan. The board may enter into contracts relating to the administration of its pension plan and may deposit assets of the plan with third-party fiduciaries for investment and management.
3. The board may invest and reinvest the money in its pension fund as provided in this section and may employ investment counsel for that purpose. The board may also employ persons to provide supervisory services, audits and other related services that it deems necessary to invest effectively and safeguard the money in the pension funds. The board may contract with financial institutions for services relating to its investments and pension fund.
4. No person, firm or corporation engaged in business as a broker or dealer in securities or having a direct pecuniary interest in any such business who receives a commission for transactions performed as an agent for the directors acting as trustees of the pension plan is eligible for employment as investment counsel for the board.
5. The board shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected consists of giving continuous advice as to the investment of money on the basis of the individual needs of each client;
(b) The person, firm or corporation and its predecessors have been continuously engaged in such a business for 5 or more years;
(c) The person, firm or corporation is federally registered as an investment adviser; and
(d) The contract between the board and the investment counsel is voidable at any time by either party.
6. The board and its individual members are not liable for decisions made by the investment counsel if they obtain a qualified investment counsel, establish proper objectives and policies and issue appropriate interim directions. The investment counsel is liable for any decision that is not made in accordance with the objectives and policies established by the board and any applicable interim directions.
7. All expenses incurred in obtaining and reviewing the decisions regarding investments must be paid out of the pension fund.
κ1987 Statutes of Nevada, Page 839 (CHAPTER 368, SB 289)κ
8. The board may invest the money in its pension fund in every kind of investment which people of prudence, discretion and intelligence acquire or retain for their own account.
Sec. 2. Section 9.1 of chapter 167, Statutes of Nevada 1947, as added by chapter 797, Statutes of Nevada 1973, as amended by chapter 358, Statutes of Nevada 1975, at page 504, is hereby amended to read as follows:
Sec. 9.1. 1. Any bill for water or services furnished by the district which is delinquent for more than 60 days [shall] must be listed on a delinquent list prepared by the district. [Such list shall] The list must identify the property to which the water was furnished in a manner which permits the owner thereof to easily identify his property, state the name of the property owner and list the delinquent amount. Such lists may be filed with the county tax collector and upon [such] filing, the properties described therein are subject to a lien for nonpayment of the delinquent amounts. If such a list is filed, the county tax collector shall include the delinquent amounts on the next tax bill for [such] the property and shall enforce collection of [such] the amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes. The remedy for nonpayment of bills provided in this section is in addition to any other available remedies, including but not limited to termination of service, which the district may elect to use for such nonpayment.
2. Upon compliance with subsection 5 and until paid, all charges delinquent for more than 60 days and filed with the county tax collector constitute a perpetual lien on and against the property served, and the lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments, and not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services and provide for the collection of charges.
4. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of those persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
κ1987 Statutes of Nevada, Page 840 (CHAPTER 368, SB 289)κ
jurisdiction against the person who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of those persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
5. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;
(b) Delivered by the board to the office of the county recorder of the county within which the property subject to the lien is located;
(c) Recorded by the county recorder in a book kept by him to record instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 3. Chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding a new section to be designated as section 9.5, immediately following section 9.2, to read as follows:
Sec. 9.5. 1. The board of directors may appoint a general manager and fix his compensation. The general manager holds office at the pleasure of the board of directors and may be removed from office at any time. The general manager must possess such qualifications as the board may from time to time establish. The general manager is the chief administrative officer of the district and shall perform such functions of the district as may be required of him by the board. He may, with the approval of the board, appoint such assistants and other employees as are necessary to the proper functioning of his office. The salaries of these assistants and employees and other expenses of conducting the office of the general manager must be fixed by the general manager with the consent and approval of the board.
2. The total number of permanent employees must be approved by the board. The general manager shall establish the appropriate classifications and duties of the staff.
3. The general manager may, with the approval of the board:
(a) Determine the operational, organizational and financial structure of the district.
(b) Operate and maintain the districts plants, facilities and water conduits.
(c) Subcontract for services to be rendered and products to be produced by the district in accordance with applicable state statutes governing public works projects and purchasing by governmental entities.
(d) Establish procedures for the security of all employees, equipment, facilities, plants and property of the district.
κ1987 Statutes of Nevada, Page 841 (CHAPTER 368, SB 289)κ
(e) Establish reasonable methods for reporting and recording time worked by the districts employees.
Sec. 4. Section 10 of chapter 167, Statutes of Nevada 1947, as last amended by chapter 358, Statutes of Nevada 1975, at page 505, is hereby amended to read as follows:
Sec. 10. [Any person who shall wrongfully or purposely fill up, cut, damage, injure, or destroy, or in any manner impair, the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam, treatment plant, or other work, structure, or improvement constructed or acquired under the provisions of this act, or who shall wrongfully or maliciously tap into any existing or future district system, wrongfully or maliciously appropriate or use any district water or wrongfully or maliciously interfere with any officer, agent, or employee of the district in the proper discharge of his duties, shall be guilty of a misdemeanor, and shall be fined in any sum not exceeding five hundred dollars ($500) or imprisoned not to exceed (90) days in the county jail, or by both such fine and imprisonment; provided further, that the water district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorneys fees and costs of court.]
1. It is unlawful for a person to obtain any water or service provided by the district with intent to avoid payment therefor, by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, meter or other apparatus belonging to or used by any other person or by the district, and taking and removing from it or allowing to flow or be taken from it water belonging to another;
(b) Connecting a pipe, tube, flume, conduit or other instrument or appliance with any pipe, conduit, tube, flume, meter or other apparatus belonging to or used by the district, or belonging to or used by any other person in such a manner as to take from it water for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplies, unless otherwise approved by the district;
(c) Altering, disconnecting, removing, injuring or preventing the action of any headgate, meter or other instrument used to measure or register the quantity of water used or supplied; or
(d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, hydrant or other attachment or apparatus belonging to or used by the district.
2. If the value of the service involved or the property damaged or stolen is:
(a) Five hundred dollars or more, a person violating the provisions of subsection 1 is guilty of a gross misdemeanor.
(b) Less than $500, a person violating the provisions of subsection 1 is guilty of a misdemeanor.
κ1987 Statutes of Nevada, Page 842 (CHAPTER 368, SB 289)κ
In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.
3. Subsections 1 and 2 apply when the service involved either originates or terminates, or both, in the district, or when the charges for the service would have been billable in the normal course by a person providing the service in the district but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
4. The district may bring a civil action for damages against any person who willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service or product provided by the district by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, meter or other apparatus owned or used by another person;
(b) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
(c) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied,
and recover a sum equal to the amount of the actual damages, plus all reasonable costs and expenses incurred by the district because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorneys fees.
Sec. 5. Section 11 of chapter 167, Statutes of Nevada 1947, as last amended by chapter 16, Statutes of Nevada 1981, at page 18, is hereby amended to read as follows:
Sec. 11. 1. All money belonging to or in the custody of the water district , other than money in the pension fund, must, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of the water district having legal custody of the money selects . [for the safekeeping thereof, and] The money is subject to withdrawal at any time on demand of the treasurer or other authorized officer, subject to [the compliance of the treasurer or other authorized officer] his compliance with any order, directive or policy [determination with respect thereto which may be] established by the board.
2. [For the security of] To secure those deposits [there must be delivered] the depositary shall deliver to the treasurer of the water district a bond [or bonds] of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner [of this state] as a company possessing the qualifications required for the purpose of transacting a surety business within this state. The penal amount of the bond [or bonds] must at no time be less than the amount of money deposited by the water district with the depositary.
κ1987 Statutes of Nevada, Page 843 (CHAPTER 368, SB 289)κ
bonds] must at no time be less than the amount of money deposited by the water district with the depositary. The bond [or bonds must secure and] must guarantee the full repayment to the water district or the payment to its order of all money so deposited, together with interest thereon. The premium for the [corporate surety bond or bonds, in the discretion of the directors of the water district,] bond may be paid out of the money so deposited or [may be required to] the board of directors may require that it be paid by the depositary.
3. The depositary may, in lieu of corporate surety bond [or bonds, deposit] :
(a) Deposit with the treasurer of the water district treasury notes or United States bonds, or other securities which are legal investments for banks in this state, the market value of which must at all times equal the amount of money [so] deposited and the securities must be placed by the treasurer in escrow in [some] a bank other than the depositary of the money of the district [.] ; or
(b) With the prior approval of the board of directors, pool the districts securities with those from other public agencies, to secure deposits if adequate securities are provided for the entire deposit.
4. If the depositary fails to repay the money to the district on demand, or to pay the money to its order, the securities [so] placed in escrow must be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The treasurer, or other officer [,] of the district having legal custody of its money, may [, in his discretion,] deposit the money, in whole or in part, in any bank, or savings and loan association, whose deposits are insured by an agency of the Federal Government. He may deposit the money in the same manner and under the same conditions as may be applicable to the deposit of state, county or municipal money by the legal custodians thereof. The treasurer or other officer shall at all times comply with any order, directive or policy determination with respect to those deposits which may be established by the board.
Sec. 6. Section 19 of chapter 167, Statutes of Nevada 1947, as last amended by chapter 402, Statutes of Nevada 1957, at page 778, is hereby amended to read as follows:
Sec. 19. [This act shall in itself constitute complete authority for doing of the things herein authorized to be done. The provisions of no other law, either general or local, except as provided in this act, shall apply to doing of the things herein authorized to be done, and no board, agency, bureau or official, other than the governing body of the district, shall have any authority or jurisdiction over the doing of any of the acts herein authorized to be done nor shall any proceedings, publication, or notice of election be required for the doing of such acts except as herein specifically required; provided, however, when]
κ1987 Statutes of Nevada, Page 844 (CHAPTER 368, SB 289)κ
1. If any areas of the district lie within the boundaries of any incorporated city or town, the district shall , within the limits of the municipal corporation, comply with all laws and ordinances of [said] the incorporated city or town [within the corporate limits of such municipal corporation] covering fire codes, building codes, electrical codes [,] and plumbing codes [; provided, however, the said district shall have the right to] , except that the district may make its own installations . [, and] The district shall comply with planning and zoning ordinances except as to the construction of wells, reservoirs, pump stations, substations and other facilities used for the production, storage and distribution of water in the area embraced within the now existing well field in the following described parcel of land, being portions of sections 29, 30, 31 and 32, T. 20 S., R. 61 E., M.D.B. &M., more particularly described as follows:
Commencing at the intersection of the northerly boundary line of West Charleston Boulevard with the westerly boundary line of E 1/2 of E 1/2 of section 31; thence northerly along the westerly boundary of the E 1/2 of E 1/2 of section 31 and the westerly boundary line of the E 1/2 of the E 1/2 of section 30 to a point distant southerly along said boundary line 400 feet from the northerly boundary line of the S 1/2 of S 1/2 of section 30; thence easterly parallel to and distant 400 feet from the northerly boundary line of the S 1/2 of the S 1/2 of section 30 and the northerly boundary line of the S 1/2 of the S 1/2 of section 29 to a point distant 400 feet southerly parallel to westerly boundary line of section 29 from a point in the northerly boundary line of the S 1/2 of the S 1/2 of section 29 distant along said northerly boundary 2,300 feet from the northeast corner of the S 1/2 of SW 3/4 of section 29; thence south 400 feet parallel to the west line of said section 29; thence easterly in a direct line to a point on the north-south center line of said section 29 distant south thereon 700 feet southerly from the northeast corner of said S 1/2 of the SW 3/4 of said section 29; thence south along said north-south center line to the south line of said section 29; thence continuing southerly 300 feet to a point; thence westerly 1,400 feet parallel to the northerly line of section 32 to a point; thence southwesterly in a direct line to a point in the westerly boundary line of said section 32 distant northerly along said boundary line 550 feet from the southwest corner of the NW 1/2 of said section 32; thence southerly along the westerly boundary line of said section 32 to its intersection with the northerly boundary line of West Charleston Boulevard; thence along the northerly boundary line of West Charleston Boulevard to the point of commencement . [;
provided further that the said district shall have the right to]
2. The district may enlarge, maintain, repair and reconstruct present existing facilities now located on [properties] property now owned by [said district. There is hereby granted to said district the right to] the district.
κ1987 Statutes of Nevada, Page 845 (CHAPTER 368, SB 289)κ
3. The district may own and operate its [water distribution] system for the distribution of water within the boundaries of any municipal corporation lying wholly or partly within the boundaries of the district . [, and no] No franchise tax [shall be payable for such] may be imposed for the privilege, but [it shall be the duty of the district to] the district shall install and operate its properties and facilities within the boundaries of [such] the municipal corporation in such a manner as to cause a minimum of inconvenience . [, and it shall further be the duty of the district, where] Where such facilities are installed in the public streets and alleys , subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts of any [such] municipal corporation, [to restore the surface of such streets and alleys] the district shall restore such structures within a reasonable time to as good a condition as they were in [prior to such] before the installation. The district shall notify [said municipality prior to] the municipality before the opening and restoring of the original condition of [any public street or alley in such] the structure in the municipal corporation. [Since the water district, for the creation of which provision is herein made, is created for the purpose of supplying its inhabitants with water as a public and municipal function, all]
4. All property of the district [shall be] is exempt from taxes imposed by the State of Nevada and [the political subdivision thereof, and the] its political subdivisions. The bonds issued by the district and the income [therefrom shall also be] from them are also exempt from taxation in this state.
[Said]
5. The district and the Colorado River commission [are hereby authorized to] may enter into such leases and agreements with each other for short or long terms as may be considered mutually desirable in order to carry out the purposes of this act . [, and any such agreement or agreements] Any agreement may specifically, but without limitation, grant to [said] the district the right to take from the Colorado River all water not heretofore otherwise appropriated to which the State of Nevada may be entitled and to purchase from the Colorado River commission all or any part of the water of the Colorado River which is under the jurisdiction of [said] the commission and which has not heretofore been allocated to or appropriated by other users.
Sec. 7. Section 19.2 of chapter 797, Statutes of Nevada 1973, at page 1794, is hereby amended to read as follows:
Sec. 19.2. The district may locate its facilities in [county] roads , highways, subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts owned or maintained by the state or a county in the same manner that it may locate [such] its facilities in [the streets of a municipality.] such municipal structures. Upon locating [such facilities in any street, alley or road] a facility pursuant to section 19 or this section, any subsequent cost of relocating [any such facilities] the facility which is necessitated by realignment or change of grade of [such street, alley or road shall] the structure must be borne by the state or the municipality or county having jurisdiction over [such street, alley or road.]
κ1987 Statutes of Nevada, Page 846 (CHAPTER 368, SB 289)κ
section 19 or this section, any subsequent cost of relocating [any such facilities] the facility which is necessitated by realignment or change of grade of [such street, alley or road shall] the structure must be borne by the state or the municipality or county having jurisdiction over [such street, alley or road.] the structure.
________
Assembly Bill No. 29Assemblymen Humke, Lambert, Nevin and Swain
CHAPTER 369
AN ACT relating to pornography; increasing the penalty for possession of pornography depicting children; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.730 is hereby amended to read as follows:
200.730 A person who knowingly and willfully has in his possession any film, photograph or other visual presentation depicting a person under the age of 16 years engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:
1. For the first offense, is guilty of a [misdemeanor.
2. For the second offense, is guilty of a] gross misdemeanor.
[3.] 2. For any subsequent offense, 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.
________
Senate Bill No. 531Committee on Finance
CHAPTER 370
AN ACT relating to the procedure in criminal cases; imposing an administrative assessment on a person found guilty of a felony or gross misdemeanor; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
κ1987 Statutes of Nevada, Page 847 (CHAPTER 370, SB 531)κ
1. When a defendant pleads or is found guilty of a felony or gross misdemeanor, the judge shall include in the sentence the sum of $20 as an administrative assessment and render a judgment against the defendant for the assessment.
2. The money collected for an administrative assessment:
(a) Must not be deducted from any fine imposed by the judge;
(b) Must be taxed against the defendant in addition to the fine; and
(c) Must be stated separately on the courts docket.
3. The money collected for administrative assessments in district courts must be paid by the clerk of the court to the state treasurer on or before the 5th day of each month for the preceding month.
4. The state treasurer shall credit the money received pursuant to subsection 3 to a special account for the assistance of criminal justice in the state general fund, and distribute the money from the account to the attorney general as authorized by the legislature. Any amount received in excess of the amount authorized by the legislature for distribution must remain in the account.
________
Senate Bill No. 492Committee on Government Affairs
CHAPTER 371
AN ACT relating to counties; excluding certain counties desiring to combine and contract for law enforcement agencies from requirement of creating metropolitan police department; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.105 is hereby amended to read as follows:
280.105 No county whose population is 100,000 or more may merge its law enforcement agency with the law enforcement agency of any of the cities in that county to create a single law enforcement agency for the participating political subdivisions except pursuant to the provisions of this chapter.
________
κ1987 Statutes of Nevada, Page 848κ
Senate Bill No. 330Senators ODonnell, Townsend, Vergiels, Coffin, Shaffer, OConnell and Redelsperger
CHAPTER 372
AN ACT relating to contracts of insurance; providing rules to determine which of two or more policies of group insurance provides primary coverage and which provides secondary coverage; requiring certain contracts for group health insurance which are issued to replace discontinued coverage to provide the same benefits as the previous coverage under certain circumstances; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. When a policy of group insurance is primary, its benefits are determined before those of another policy and the benefits of another policy are not considered. When a policy of group insurance is secondary, its benefits are determined after those of another policy. Secondary benefits may not be reduced because of benefits under the primary policy. When there are more than two policies, a policy may be primary as to one and may be secondary as to another.
Sec. 3. A policy of group insurance determines its order of benefits using the first of the following which applies:
1. A policy that does not coordinate with other policies is always the primary policy.
2. The benefits of the policy which covers a person as an employee, member or subscriber, other than a dependent, is the primary policy. The policy which covers the person as a dependent is the secondary policy.
3. When more than one policy covers the same child as a dependent of different parents who are not divorced or separated, the primary policy is the policy of the parent whose birthday falls earlier in the year. The secondary policy is the policy of the parent whose birthday falls later in the year. If both parents have the same birthday, the benefits of the policy which covered the parent the longer is the primary policy. The policy which covered the parent the shorter time is the secondary policy.
4. If more than one policy covers a person as a dependent child of divorced or separated parents, benefits for the child are determined in the following order:
(a) First, the policy of the parent with custody of the child;
(b) Second, the policy of the spouse of the parent with custody; and
(c) Third, the policy of the parent without custody of the child,
unless the specific terms of a court decree state that one parent is responsible for the health care expenses of the child, in which case, the policy of that parent is the primary policy. A parent responsible for the health care pursuant to a court decree must notify the insurer of the terms of the decree.
κ1987 Statutes of Nevada, Page 849 (CHAPTER 372, SB 330)κ
health care pursuant to a court decree must notify the insurer of the terms of the decree.
5. The primary policy is the policy which covers a person as an employee who is neither laid off or retired, or that employees dependent. The secondary policy is the policy which covers that person as a laid off or retired employee, or that employees dependent.
6. If none of the rules in subsections 1 to 5, inclusive, determines the order of benefits, the primary policy is the policy which covered an employee, member or subscriber longer. The secondary policy is the policy which covered that person the shorter time.
When a policy is determined to be a secondary policy it acts to provide benefits in excess of those provided by the primary policy. The secondary policy may not reduce benefits based upon payments by the primary policy, except that this provision does not require duplication of benefits.
Sec. 4. 1. A policy of group health insurance issued to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that replacement policy is issued within 60 days after the date on which the previous policy or coverage was discontinued,
2. If an employer obtains a replacement policy pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any insurer which issues a replacement policy pursuant to subsection 1 may submit a written request to the insurer who provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer who provided the previous policy or coverage shall give a written statement to the insurer providing the replacement policy which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a policy of group health insurance.
Sec. 5. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A group contract for hospital, medical or dental services issued by a nonprofit hospital, medical or dental service corporation to replace any discontinued policy or coverage for group health insurance must:
κ1987 Statutes of Nevada, Page 850 (CHAPTER 372, SB 330)κ
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that the benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that contract is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement contract pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any corporation which issues a replacement contract pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the corporation which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group contract for hospital, medical or dental services issued by a nonprofit hospital, medical or dental service corporation.
Sec. 6. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A group health care plan issued by a health maintenance organization to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that plan is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement plan pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any health maintenance organization which issues a replacement plan pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the organization indicating what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
κ1987 Statutes of Nevada, Page 851 (CHAPTER 372, SB 330)κ
the insurer shall give a written statement to the organization indicating what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group health care plan issued by a health maintenance organization.
Sec. 7. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:
1. A group plan for dental care issued by an organization for dental care to replace any discontinued policy or coverage for dental care must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that plan is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement plan pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any organization for dental care which issues a replacement plan pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the organization indicating what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section apply to a self-insured employer who provides benefits to his employees for dental care and replaces those benefits with a group plan for dental care.
Sec. 8. The provisions of sections 4 to 7, inclusive, of this act apply to any policy issued or renewed or upon which a premium is paid after September 1, 1987.
________
κ1987 Statutes of Nevada, Page 852κ
Assembly Bill No. 453Committee on Commerce
CHAPTER 373
AN ACT relating to physical therapy; authorizing the state board of physical therapy examiners to charge certain fees; authorizing the board to require continuing education for physical therapists assistants; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 640.110 is hereby amended to read as follows:
640.110 1. The board shall register as a physical therapist each applicant who proves to the satisfaction of the board his qualifications for registration.
2. The board shall issue to each person registered as a physical therapist a certificate of registration, which is prima facie evidence of his right to represent himself as a registered physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.
3. Each physical therapist shall display his current certificate of registration in a location which is accessible to the public.
4. The board may charge a fee, not to exceed $25, to replace a lost certificate or to change a name on a certificate.
Sec. 2. NRS 640.260 is hereby amended to read as follows:
640.260 1. The board shall license as a physical therapists assistant each applicant who proves to the satisfaction of the board his qualifications for a license.
2. The board shall issue to each such person a license, which is prima facie evidence of his right to represent himself as a physical therapists assistant and to practice as that assistant.
3. Each physical therapists assistant shall display his current license in a location which is accessible to the public.
4. The board may charge a fee, not to exceed $25, to replace a lost license or to change a name on a license.
Sec. 3. NRS 640.280 is hereby amended to read as follows:
640.280 1. Every physical therapists assistant must apply during July of each year to the board for an extension of his license and pay a fee of not more than $50. A license that is not so extended before September 1 of the year automatically lapses.
2. The board may revive and extend a lapsed license on the payment of all past unpaid extension fess not to exceed $100.
3. The board shall require each physical therapists assistant to complete a program of continuing education as a prerequisite for the renewal of his license.
κ1987 Statutes of Nevada, Page 853 (CHAPTER 373, AB 453)κ
license. The board shall prescribe the curriculum and approve the courses of study or training for that program.
________
Senate Bill No. 532Committee on Finance
CHAPTER 374
AN ACT relating to education; authorizing, instead of requiring, the superintendent of public instruction to administer the higher education student loan program; authorizing the state board of education to designate another organization to administer the program if he fails to do so; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.106 is hereby amended to read as follows:
385.106 1. The superintendent of public instruction [shall] may administer the higher education student loan program and may consult with any public [official] officer or private person in the state who may have an interest in higher education or in the program. The superintendent of public instruction shall notify the state board at least 30 days in advance if he intends to stop administering the program.
2. [The] After receiving notice from the superintendent of public instruction that he intends to stop administering the program, but before he actually stops administering it, the state board, with the concurrence of the governor, shall designate another public agency or private nonprofit organization to administer the program in a manner which ensures continued access to the program by postsecondary schools in this state, including all of the institutions of the University of Nevada System. The designation may authorize assumption of any reserves or liability accruing to an agency or organization engaged in administering the program or the guarantee of student loans.
3. If the superintendent of public instruction administers the program, the state board may:
(a) Negotiate and accept federal and other money appropriated and available to insure loans for student educational purposes under the program.
(b) Negotiate and enter into such agreements with other agencies as it deems proper for the administration and conduct of the program.
(c) Accept gifts, grants and contributions from any source that will facilitate and assist the higher education of Nevada residents.
Sec. 2. NRS 385.107 is hereby amended to read as follows:
385.107 If the superintendent of public instruction administers the higher education student loan program:
1. The money available for the [higher education student loan] program must be deposited in the state treasury for credit to the higher education student loan fund which is hereby created as a special revenue fund.
κ1987 Statutes of Nevada, Page 854 (CHAPTER 374, SB 532)κ
must be deposited in the state treasury for credit to the higher education student loan fund which is hereby created as a special revenue fund.
2. Each expenditure from this fund must be paid as other claims against the state are paid.
Sec. 3. NRS 385.108 is hereby amended to read as follows:
385.108 [1. The superintendent of public instruction shall certify] If the superintendent of public instruction administers the higher education student loan program, he shall:
1. Certify to the state controller all withdrawals for purposes of the [higher education student loan] program. The state controller shall then issue a warrant to the state treasurer in the amount of the certification. The state treasurer shall disburse [such] that amount in accordance with the warrant.
2. [All] Use the money received for the higher education student loan program [must be used] for that program.
3. [The superintendent shall establish] Establish and maintain such records for the program as are required by good accounting practices.
________
Assembly Bill No. 311Committee on Taxation
CHAPTER 375
AN ACT relating to boats; exempting boats from the tax on personal property; removing the requirements for reporting by the department of wildlife to county assessors of information concerning registration of boats; increasing the fees for registration and providing for the distribution of those fees; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.068 is hereby amended to read as follows:
361.068 1. The following personal property is exempt from taxation:
[1.] (a) Personal property held for sale by a merchant;
[2.] (b) Personal property held for sale by a manufacturer;
[3.] (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;
[4.] (d) Livestock; [and
5.] (e) Colonies of bees [.] ; and
(f) All boats.
2. As used in this section, boat includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.
Sec. 2. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department of wildlife on forms approved by it accompanied by:
κ1987 Statutes of Nevada, Page 855 (CHAPTER 375, AB 311)κ
state shall file an application for a number and for a certificate of ownership with the department of wildlife on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) [Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a receipt for personal property tax paid on the motorboat or by an assessors certificate declaring no immediate tax collection on the motorboat under the provisions of NRS 361.505 was deemed necessary.
(c)] Such evidence of ownership as the department of wildlife may require.
The department of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. [The department of wildlife shall not issue or renew a certificate of number if it has been notified by a county assessor before December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. The notice must be in such form as the department of wildlife may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department of wildlife shall notify the owner that the taxes are delinquent. The department of wildlife may forward the certificate to the county assessor for release on payment of the taxes or may hold the certificate pending proof of payment of the taxes.
3.] The application must be signed by the owner of the motorboat and must be accompanied by a fee of [$7.50 for the certificate of number and a fee of] $5 for the certificate of ownership [. All] and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:
Less than 13 feet.................................................................................................. $10
13 feet or more but less than 18 feet................................................................ 15
18 feet or more but less than 22 feet................................................................ 30
22 feet or more but less than 26 feet................................................................ 45
26 feet or more but less than 31 feet................................................................ 60
31 feet or more..................................................................................................... 75
Except as otherwise provided in this subsection, all fees received by the department of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the department shall deposit with the respective county treasurers 50 percent of each fee collected according to the motorboats length for every motorboat registered from their respective counties. The county treasurers shall credit the money so deposited for the use of their respective countys school district. Upon receipt of the application in approved form, the department of wildlife shall [:
κ1987 Statutes of Nevada, Page 856 (CHAPTER 375, AB 311)κ
(a) Enter] enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
[(b) Immediately give to the county assessor of the county in which the motorboat is situated a notice containing the name and address of the owner and information identifying the motorboat.
4.] 3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the [department of wildlife] commission in order that the number may be clearly visible. The number must be maintained in legible condition.
[5.] 4. The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
[6.] 5. The [department of wildlife] commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is $7.50.
Sec. 3. NRS 488.155 is hereby amended to read as follows:
488.155 1. Any holder of a certificate of number and a certificate of ownership shall notify the department of wildlife within 10 days, if his address no longer conforms to the address appearing on the certificates and shall, as a part of the notification, furnish the department of wildlife with his new address. [The department of wildlife shall give written notice of the new address to the appropriate county assessor.]
2. The commission may provide in its regulations for the surrender of the certificates bearing the former address and its replacement with new certificates bearing the new address or for the alteration of outstanding certificates to show the new address of the holder.
Sec. 4. NRS 488.1797 is hereby amended to read as follows:
488.1797 1. Before the issuance of any certificate of ownership, the department of wildlife shall obtain a statement in writing signed by the transferee or transferor, showing:
(a) The date of the sale or other transfer of ownership of the motorboat.
(b) The name and address of the seller or transferor.
(c) The name and address of the buyer or transferee.
2. Upon receipt of the properly endorsed certificate of ownership, the certificate of number and the required fee and statement of information, the department of wildlife shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.
[3. The department of wildlife shall give notice of the transfer to the appropriate county assessor.]
κ1987 Statutes of Nevada, Page 857 (CHAPTER 375, AB 311)κ
Sec. 5. NRS 488.1803 is hereby amended to read as follows:
488.1803 Any dealer upon transferring by sale, lease or otherwise any motorboat, whether new or used, required to be numbered under this chapter, shall [, upon obtaining proof of payment of personal property taxes as required by chapter 361 of NRS,] give written notice of the transfer to the department of wildlife upon an appropriate form provided by it. The notice [, accompanied by a tax receipt for movable personal property,] must be given within 3 days after the sale, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.
________
Senate Bill No. 320Committee on Commerce and Labor
CHAPTER 376
AN ACT relating to the practice of dentistry; defining supervision by a dentist; making certain administrative changes; increasing certain fees for dentists and dental hygienists; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Supervision by a dentist means that a dentist is:
1. Physically present in the office where the procedures to be supervised are being performed, while these procedures are being performed; and
2. Capable of responding immediately if any emergency should arise.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 631.005 is hereby amended to read as follows:
631.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 631.170 is hereby amended to read as follows:
631.170 1. The board shall meet at least [twice a year for the purpose of examining] once annually to examine applicants. The dates of the examinations must be fixed by the board. The board may conduct examinations outside of this state, and for this purpose may use the facilities of dental colleges, but all examinations must be conducted by members of the board or examiners appointed by the board.
2. The board may also meet at such other times and places and for such other purposes as it may deem proper.
3. A quorum consists of:
(a) For matters relating to dental hygiene, five members who are dentists and one member who is a dental hygienist.
κ1987 Statutes of Nevada, Page 858 (CHAPTER 376, SB 320)κ
(b) For all other matters, five members who are dentists.
Sec. 6. NRS 631.215 is hereby amended to read as follows:
631.215 1. Any person shall be deemed to be practicing dentistry who:
(a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;
(b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;
(c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gums or the maxillary bones;
(d) Extracts teeth;
(e) Corrects malpositions of the teeth or jaws;
(f) Takes impressions of the teeth, mouth or gums other than as authorized by the regulations of the board;
(g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;
(h) Places in the mouth and adjusts or alters artificial teeth;
(i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;
(j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases; [or]
(k) Uses X-ray radiation for dental treatment or dental diagnostic purposes [.] ; or
(l) Determines:
(1) Whether a particular treatment is necessary or advisable; or
(2) Which particular treatment is necessary or advisable.
2. Nothing in this section:
(a) Prevents a dental assistant, dental hygienist or X-ray technician from making radiograms or X-ray exposures for diagnostic purposes upon the direction of a licensed dentist.
(b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.
(c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.
(d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.
(e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.
Sec. 7. NRS 631.220 is hereby amended to read as follows:
631.220 Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:
κ1987 Statutes of Nevada, Page 859 (CHAPTER 376, SB 320)κ
1. File an application with the board [30 days prior to] 45 days before the date on which the examination is to be given.
2. Accompany [such] the application with a recent photograph of himself together with the required examination fee.
Sec. 8. NRS 631.240 is hereby amended to read as follows:
631.240 1. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must [be] :
(a) Present to the board a certificate granted by the National Board of Dental Examiners which contains a notation that he has passed the boards examination with a score of at least 80; and
(b) Be examined by the board [. The examination must cover both theoretical and] on his practical knowledge of dentistry.
2. [The theoretical examination must be in writing upon such subjects as the board chooses. The board shall recognize a certificate granted by the National Board of Dental Examiners in lieu of the examination on theoretical knowledge of dentistry.
3.] The board shall examine each applicant in writing, on the contents and interpretation of chapter 631 of NRS and the regulations of the board.
[4. The practical]
3. The examination must include clinical demonstrations of the applicants skill in dentistry.
[5.] 4. All persons [successfully passing] who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the president and the secretary of the board.
Sec. 9. NRS 631.313 is hereby amended to read as follows:
631.313 1. A licensed dentist may assign to a person in his employ who is a dental hygienist , [or] dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the board or by the provisions of this chapter.
2. The performance of these tasks must be under the supervision of the licensed dentist who made the assignment.
3. No such assignment is permitted that requires:
(a) Diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.
(b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.
(c) Administration of general anesthetics other than by an anesthetist or anesthesiologist licensed in this state.
Sec. 10. NRS 631.345 is hereby amended to read as follows:
631.345 1. The fees which must be charged by the board for the performance of the duties imposed upon it by this chapter are as follows:
κ1987 Statutes of Nevada, Page 860 (CHAPTER 376, SB 320)κ
Examination fee for license to practice dentistry............................ [$150] $300
Examination fee for license to practice dental hygiene...................... [75] 150
Application fee for a specialist license....................................................... 125
Application and examination fee for permit to administer general anesthesia 200
Annual renewal fee for permit to administer general anesthesia............ 50
Annual license renewal fee for a general dentist or specialist, not to exceed [200] 300
Annual license renewal fee for a dental hygienist, not [more than] to exceed [75] 150
Annual license renewal fee for an inactive dentist................................... 100
Annual license renewal fee for a retired or disabled dentist................... 25
Annual license renewal fee for an inactive dental hygienist................... 25
Annual license renewal fee for a retired or disabled dental hygienist... 25
Reinstatement fee for a suspended [or revoked] license to practice dentistry or dental hygiene............................................................................................... 200
Reinstatement fee for a revoked license to practice dentistry or dental hygiene ...................................................................................................... 500
2. All fees are payable in advance and must not be refunded.
Sec. 11. NRS 631.350 is hereby amended to read as follows:
631.350 1. Except as otherwise provided in NRS 631.347, the board may [refuse] :
(a) Refuse to issue a license to any person, [or may revoke] ;
(b) Revoke or suspend the license or renewal certificate issued by it [, of] to any person [, or may fine] ;
(c) Fine a person it has licensed [,] ;
(d) Place a person on probation for a specified period on any conditions the board may order;
(e) Issue a public reprimand to a person;
(f) Limit a persons practice to certain branches of dentistry;
(g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;
(h) Require that a persons practice be supervised;
(i) Require a person to perform public service without compensation;
(j) Require a person to take a physical or mental examination or an examination of his competence;
(k) Require a person to fulfill certain training or educational requirements; or
(l) Any combination thereof,
upon proof satisfactory to the board that the person has [:
(a) Engaged] engaged in any of the activities listed in subsection 2.
2. The following activities may be punished as provided in subsection 1:
(a) Engaging in the illegal practice of dentistry or dental hygiene;
κ1987 Statutes of Nevada, Page 861 (CHAPTER 376, SB 320)κ
(b) [Engaged] Engaging in unprofessional conduct; or
(c) [Violated] Violating any regulations adopted by the board or the provisions of this chapter.
[2.] 3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
[3.] 4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [2] 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 12. NRS 631.355 is hereby amended to read as follows:
631.355 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 631.350 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. [A] Any decision of the hearing officer or panel relating to the imposition of [a fine] any disciplinary action pursuant to this chapter is a final decision in a contested case. [Any party aggrieved by a decision of the officer or panel to revoke or suspend a license or renewal certificate may appeal that decision to the board.]
Sec. 13. NRS 631.390 is hereby amended to read as follows:
631.390 Except as otherwise provided in subsection 2 of NRS 631.317, nothing in this chapter [shall apply] applies to:
1. A legally qualified physician or surgeon unless he practices dentistry as a specialty.
2. A dentist or dental hygienist of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or Veterans Administration in the discharge of his official duty.
[3. A dentist or dental hygienist in full-time employment with the State of Nevada.]
________
κ1987 Statutes of Nevada, Page 862κ
Assembly Bill No. 289Assemblymen Arberry, Schofield, Spinello, Wisdom, Wendell Williams, Myrna Williams, Price, Gaston, Thompson, May, Kissam, Triggs, Garner, Sader, Brookman, Haller, Freeman, Callister, Adler, Dini, Jeffrey, Nevin, Evans, McGaughey, Craddock, Swain and Porter
CHAPTER 377
AN ACT relating to health facilities; requiring certain hospitals to reduce charges and maintain those charges at the reduced level; requiring certain hospitals to reduce their revenue per inpatient; requiring certain hospitals to reduce their percentage of income to operating expenses; creating a legislative committee on health care; requiring certain hospitals to provide an established amount of treatment for indigent patients or to pay an assessment; prohibiting certain transactions between affiliated health facilities and insurers and between hospitals and their affiliates; requiring hospitals to provide emergency medical care; revising the criteria for determining whether certain projects require the approval of the director of the department of human resources; and providing other matters properly relating thereto.
[Approved June 10, 1987]
whereas, Limitations upon competition in the field of health care have artificially increased prices to a level which makes such care unaffordable for the average Nevadan; and
whereas, The high price of health care has created a public health emergency requiring immediate and pervasive legislative action; and
whereas, Legislative action to counteract the monopolistic advantage of providers of health care will allow the natural economic forces to surface and control future increases in the costs of health care; and
whereas, If the reductions in prices and revenues required by this act sufficiently stimulate competition in the field of health care, future economic regulation of health care by the legislature will be unnecessary; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 16, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the administrator of the division for review of health resources and costs of the department of human resources.
Sec. 4. Billed charge means the total amount charged by a hospital for medical care provided, regardless of the anticipated amount of net revenue to be received or the anticipated source of payment.
κ1987 Statutes of Nevada, Page 863 (CHAPTER 377, AB 289)κ
Sec. 5. Committee means the legislative committee on health care.
Sec. 6. Department means the department of human resources.
Sec. 7. Director means the director of the department of human resources.
Sec. 8. Discharge form means the form hospitals are required to use to report information concerning the discharge of patients.
Sec. 9. Division means the division for review of health resources and costs of the department of human resources.
Sec. 10. 1. Except as otherwise provided in subsection 2, fiscal year means a period beginning on July 1 and ending on June 30 of the following year.
2. A hospitals fiscal year is the period of 12 months used by a hospital for the purposes of accounting and the preparation of annual budgets and financial statements.
Sec. 11. Health facility has the meaning ascribed to it in NRS 439A.015.
Sec. 12. Hospital means any facility licensed as a medical, surgical or obstetrical hospital, or as any combination of medical, surgical or obstetrical hospital, by the health division of the department of human resources.
Sec. 13. Medicaid means the program established pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
Sec. 14. Medicare means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.).
Sec. 15. Net revenue means all revenues earned from inpatient medical care provided to patients by a hospital.
Sec. 16. Practitioner has the meaning ascribed to it in NRS 439A.0195.
Sec. 17. The purposes of this chapter are to:
1. Promote equal access to quality medical care at an affordable cost for all residents of this state.
2. Reduce excessive billed charges and revenues generated by some hospitals in this state in order to provide relief from excessively high costs of medical care.
3. Provide the regulatory mechanisms necessary to ensure that the forces of a competitive market will be able to function effectively in the business of providing medical care in this state.
Sec. 18. 1. There is hereby established a legislative committee on health care consisting of three members of the senate and three members of the assembly. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care. The members must be appointed as follows:
(a) Two members must be appointed by the majority leader of the senate;
(b) One member must be appointed by the minority leader of the senate;
κ1987 Statutes of Nevada, Page 864 (CHAPTER 377, AB 289)κ
(c) Two members must be appointed by the speaker of the assembly; and
(d) One member must be appointed by the minority leader of the assembly.
2. No member of the committee may:
(a) Have a financial interest in a health facility in this state;
(b) Be a member of a board of directors or trustees of a health facility in this state;
(c) Hold a position with a health facility in this state in which the legislator exercises control over any policies established for the health facility; or
(d) Receive a salary or other compensation from a health facility in this state.
This subsection does not prohibit a member of the committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care.
3. The majority leader of the senate shall select the chairman of the committee and the speaker of the assembly shall select the vice chairman of the committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the majority leader of the senate or the speaker of the assembly, as appropriate, shall appoint a replacement for the remainder of the unexpired term.
4. Any member of the committee who does not return to the legislature continues to serve until the next session of the legislature convenes.
5. Vacancies on the committee must be filled in the same manner as original appointments.
Sec. 19. 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the powers conferred on the committee.
2. Except during a regular or special session of the legislature, members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance and travel expenses provided for state officers and employees generally.
3. The salaries and expenses of the committee must be paid from the legislative fund.
Sec. 20. The committee may:
1. Review and evaluate the quality and effectiveness of programs for the prevention of illness.
κ1987 Statutes of Nevada, Page 865 (CHAPTER 377, AB 289)κ
2. Review and compare the costs of medical care among communities in Nevada with similar communities in other states.
3. Analyze the overall system of medical care in the state to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources.
4. Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of these services.
5. Examine hospitals to:
(a) Increase cooperation among hospitals;
(b) Increase the use of regional medical centers; and
(c) Encourage hospitals to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways.
6. Examine medical malpractice.
7. Examine the system of education to coordinate:
(a) Programs in health education, including those for the prevention of illness and those which teach the best use of available medical services; and
(b) The education of those who provide medical care.
8. Review competitive mechanisms to aid in the reduction of the costs of medical care.
9. Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical care provided by physicians.
10. Examine the effectiveness of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services, and its effect on the subjects listed in subsections 1 to 9, inclusive.
11. Determine whether regulation by the state will be necessary in the future by examining hospitals for evidence of:
(a) Degradation or discontinuation of services previously offered, including without limitation, neonatal care, pulmonary services and pathology services; or
(b) A change in the policy of the hospital concerning contracts,
as a result of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services.
12. Study the effect of the acuity of the care provided by a hospital upon the revenues of hospital and upon limitations upon that revenue.
13. Review the actions of the director in administering the provisions of this chapter and adopting regulations pursuant to those provisions. The director shall report to the committee concerning any regulations proposed or adopted pursuant to this chapter.
κ1987 Statutes of Nevada, Page 866 (CHAPTER 377, AB 289)κ
14. Conduct investigations and hold hearings in connection with its review and analysis.
15. Apply for any available grants and accept any gifts, grants or donations to aid the committee in carrying out its duties pursuant to this chapter.
16. Direct the legislative counsel bureau to assist in its research, investigations, review and analysis.
17. Recommend to the legislature as a result of its review any appropriate legislation.
Sec. 21. 1. In conducting the investigations and hearings of the committee:
(a) The secretary of the committee, or in his absence any member of the committee, may administer oaths.
(b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside of the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.
(c) The secretary or chairman of the committee 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 or chairman of the committee 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 committee pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the committee which is named in the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.
3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.
Sec. 22. Each witness who appears before the committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state.
κ1987 Statutes of Nevada, Page 867 (CHAPTER 377, AB 289)κ
record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the secretary and chairman of the committee.
Sec. 23. Each hospital in this state shall maintain and use a uniform list of billed charges for that hospital for units of service or goods provided to all inpatients. A hospital may not use a billed charge for an inpatient that is different than the billed charge used for another inpatient for the same service or goods provided. This section does not restrict the ability of a hospital or other person to negotiate a discounted rate from the hospitals billed charges or to contract for a different rate or mechanism for payment of the hospital.
Sec. 24. 1. Except as otherwise provided in subsection 4, each hospital in this state has an obligation to provide emergency medical care, including care provided by physicians and nurses, and to admit the patient where appropriate, regardless of the financial status of the patient.
2. Except as otherwise provided in subsection 4, it is unlawful for a hospital to refuse to accept a patient in need of emergency medical care or to transfer a patient to another hospital or health facility because of the financial status of the patient.
3. A hospital or other health facility which treats a patient as a result of a hospitals violation of subsection 2 is entitled to recover from that hospital an amount equal to three times the billed charges of the hospital which provided the treatment for the treatment provided, plus reasonable attorneys fees and costs.
4. This section does not prohibit the transfer of a patient from one hospital to another:
(a) When the patient is covered by an insurance policy or other contractual arrangement which provides for payment at the receiving hospital; or
(b) After the county responsible for payment for the care of an indigent patient has exhausted the money which may be appropriated for that purpose pursuant to NRS 428.050 and 428.285 and section 42 of this act.
No transfer may be made pursuant to this subsection until the patients condition has been stabilized to a degree that allows the transfer without an additional risk to the patient.
Sec. 25. 1. The legislature finds and declares that:
(a) The practice of refusing to treat an indigent patient if another hospital can provide the treatment endangers the health and well-being of such patients.
(b) Counties in which more than one hospital is located may lack available resources to compensate for all indigent care provided at their hospitals. Refusal by a hospital to treat indigent patients in such counties results in a burden upon hospitals which treat large numbers of indigent patients.
(c) A requirement that hospitals in such counties provide a designated amount of uncompensated care for indigent patients would:
κ1987 Statutes of Nevada, Page 868 (CHAPTER 377, AB 289)κ
(1) Equalize the burden on such hospitals of treating indigent patients; and
(2) Aid the counties in meeting their obligation to compensate hospitals for such care.
(d) Hospitals with 100 or fewer beds have been meeting the needs of their communities with regard to care of indigents, and have a minimal effect on the provision of such care.
2. Except as otherwise provided in this subsection, the provisions of sections 25 to 29, inclusive, of this act, apply to each hospital in this state which is located in a county in which there are two or more licensed hospitals. The provisions of sections 25 to 29, inclusive, of this act, do not apply to a hospital which has 100 or fewer beds.
3. The provisions of sections 25 to 29, inclusive, of this act, do not prohibit a county from:
(a) Entering into an agreement for medical care or otherwise contracting with any hospital located within that county; or
(b) Using a definition of indigent which would include more persons than the definition in section 26 of this act.
Sec. 26. For the purposes of sections 25 to 29, inclusive, of this act, indigent means those persons:
1. Who are not covered by any policy of health insurance;
2. Who are ineligible for Medicare, Medicaid, the benefits provided pursuant to NRS 428.115 to 428.255, inclusive, or any other federal or state program of public assistance covering the provision of health care;
3. Who meet the limitations imposed by the county upon assets and other resources or potential resources; and
4. Whose income is less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
For the purposes of this subsection, income includes the entire income of a household and the amount which the county projects a person or household is able to earn. Household is limited to a person and his spouse, parents, children, brothers and sisters residing with him.
Sec. 27. 1. A hospital shall provide, without charge, in each fiscal year, care for indigent inpatients in an amount which represents 0.6 percent of its net revenue for the hospitals preceding fiscal year.
2. The division shall compute the obligation of each hospital for care of indigent inpatients for each fiscal year based upon the net revenue of the hospital in its preceding fiscal year and shall provide this information to the board of county commissioners of the county in which the hospital is located.
3. The board of county commissioners shall maintain a record of discharge forms submitted by each hospital located within the county, together with the amount accruing to the hospital. The amount accruing to the hospital for the care, until the hospital has met its obligation pursuant to this section, is the highest amount the county is paying to any hospital in the county for that care.
κ1987 Statutes of Nevada, Page 869 (CHAPTER 377, AB 289)κ
the hospital for the care, until the hospital has met its obligation pursuant to this section, is the highest amount the county is paying to any hospital in the county for that care. Except as otherwise provided in subsection 2 of section 28 of this act, no payment for indigent care may be made to the hospital until the total amount so accruing to the hospital exceeds the minimum obligation of the hospital for the fiscal year, and a hospital may only receive payment from the county for indigent care provided in excess of its obligation pursuant to this section. After a hospital has met its obligation pursuant to this section, the county may reimburse the hospital for care of indigent inpatients at any rate otherwise authorized by law.
Sec. 28. 1. Except as otherwise provided in section 25 of this act and subsection 2 of this section, each county shall use the definition of indigent in section 26 of this act to determine a persons eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.
2. A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:
(a) Pay a higher rate to the hospital for treatment of indigent inpatients;
(b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or
(c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.
3. Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county in which the patient resides a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.
4. The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive.
5. Except as otherwise provided in subsection 2 of this section and subsection 3 of section 27 of this act, if the patient is a resident of the county and is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050 and 428.285 and section 42 of this act.
Sec. 29. 1. Before September 30 of each year, each county in which hospitals subject to the provisions of sections 25 to 29, inclusive, of this act, are located shall provide to the division a report showing:
(a) The total number of indigent inpatients treated by each such hospital;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of section 27 of this act;
κ1987 Statutes of Nevada, Page 870 (CHAPTER 377, AB 289)κ
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The administrator shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:
(a) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment; and
(b) Adding the products of the calculations made pursuant to paragraph (a) for all treatment provided.
If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients.
3. If the administrator determines that a hospital has met its obligation to provide treatment to indigent inpatients but has not been compensated by the county for such treatment, he shall notify the county of the amount of treatment provided in excess of the hospitals obligation. The county shall pay the hospital for such treatment within 30 days after receipt of the notice.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. Payment is due 30 days after receipt of the notice. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 428.050, 428.285, 354.59805, 354.59811 and 354.59816, and section 42 of this act, and must be excluded in determining the maximum rate of tax authorized by those sections.
Sec. 30. 1. A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.
2. No rent required of a physician or entity which employs physicians by a hospital or related entity may be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.
κ1987 Statutes of Nevada, Page 871 (CHAPTER 377, AB 289)κ
comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.
3. A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.
4. No health facility may offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.
5. The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than 30,000.
6. A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, shall not add any charges to the practitioners bill for services other than a charge related to the cost of processing the billing.
7. No hospital or related entity may offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.
8. A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.
9. A practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the practitioner or health facility first discloses the interest.
10. The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.
11. A person who willfully violates any provision of this section is liable to the State of Nevada for:
(a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.
(b) Any reasonable expenses incurred by the state in enforcing this section.
Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care.
κ1987 Statutes of Nevada, Page 872 (CHAPTER 377, AB 289)κ
projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.
12. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in section 31 of this act.
Sec. 31. 1. For the purposes of this section:
(a) An affiliated person is a person controlled by any combination of the hospital, the parent corporation, a subsidiary or the principal stockholders or officers or directors of any of the foregoing.
(b) A subsidiary is a person of which either the hospital and the parent corporation or the hospital or the parent corporation holds practical control.
2. No hospital may engage in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which will result or has resulted in:
(a) Substitution contrary to the interest of the hospital and through any method of any asset of the hospital with an asset or assets of inferior quality or lower fair market value;
(b) Deception as to the true operating results of the hospital;
(c) Deception as to the true financial condition of the hospital;
(d) Allocation to the hospital of a proportion of the expense of combined facilities or operations which is unfavorable to the hospital;
(e) Unfair or excessive charges against the hospital for services, facilities or supplies;
(f) Unfair and inadequate charges by the hospital for services, facilities or supplies furnished by the hospital to others; or
(g) Payment by the hospital for services, facilities or supplies not reasonably needed by the hospital.
3. If the director has reasonable cause to believe that a violation of subsection 2 has occurred, he may conduct an examination of any books and records of the hospital, parent corporation, subsidiary or affiliated person which he deems pertinent to the examination. The director has the same authority to examine the parent corporation, subsidiary or affiliated person and recover the cost of the examination as he has with regard to the hospital. A parent corporation, subsidiary or affiliated person which refuses to permit the examination of its books and records is subject to the fine provided for in subsection 4 for each day that access to the books or records is restricted.
4. If a hospital, parent corporation, subsidiary or affiliated person is found, after notice and a hearing, to have violated the provisions of this section, the director may impose an administrative fine of not more than $20,000 for each violation or the actual amount of damage caused by the violation, whichever is greater.
5. Upon a second or subsequent violation of the provisions of this section, the director may commence a legal action in the district court of any county to secure an injunction against further violations of this section.
Sec. 32. 1. The director may by regulation require hospitals, other health facilities and providers of health services to submit such information as is reasonably necessary for the director and the division to carry out the provisions of this chapter.
κ1987 Statutes of Nevada, Page 873 (CHAPTER 377, AB 289)κ
as is reasonably necessary for the director and the division to carry out the provisions of this chapter.
2. Except as otherwise provided in subsection 3, the director shall by regulation require an examination of a hospital by an independent auditor appointed by the director to ensure compliance with this chapter. The audits must be scheduled on a regular basis but not more often than once each year. The hospital shall pay the costs of the audit. A hospital may contract with the auditor to conduct other work for the hospital in connection with the audit.
3. The director shall not require an audit of a hospital which has less than 200 beds or is subject to the provisions of chapter 450 of NRS. The director shall by regulation require such a hospital to submit audits of the hospital on a regular basis but not more often than once each year.
4. If a hospital fails to comply with any regulation adopted pursuant to this section or the director has reason to believe the hospital has violated any provision of this chapter, the director may conduct an examination or contract for an independent examination of the hospital to determine whether it is in compliance with those provisions. The hospital which is the subject of such an examination is responsible for payment of the costs of the examination if the director determines that the hospital did violate a provision of this chapter.
5. Any person who fails to submit information as required by any regulation adopted pursuant to this chapter to the department or the division or fails to submit to an audit or examination pursuant to this section is subject to an administrative fine of not more than $1,000 per violation per day until the required information is submitted or the person submits to the audit or examination.
Sec. 33. 1. The director:
(a) May adopt such regulations as are necessary to carry out the provisions of this chapter.
(b) Shall ensure that the administration of this chapter does not cause the state to fail to comply with the requirements of the Federal Government concerning Medicare and Medicaid.
2. In addition to any civil or administrative penalty specifically provided in this chapter, any person who violates a provision of this chapter shall be punished by a fine of not more than $5,000 for each violation.
Sec. 34. Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:
The division shall prepare quarterly and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The division shall report annually to the legislative committee on health care on or before December 1 regarding the effects of legislation on the costs of health care and on the manner of its provision.
Sec. 35. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. Except as provided in NRS 439A.103, no person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director.
κ1987 Statutes of Nevada, Page 874 (CHAPTER 377, AB 289)κ
and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.
2. The projects for which this approval is required are [as follows:
(a) Any] :
(a) Except as otherwise provided in subsection 3, any proposed expenditure by or on behalf of a [health facility] hospital in excess of the greater of [$714,000] $1,500,000 or such an amount as the department may specify by regulation, or by or on behalf of any other health facility in excess of the greater of $1,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
(b) A proposal which increases the number of licensed or approved beds in a health facility other than a hospital above the total of the number of licensed beds and the number of additional beds which have been approved pursuant to this subsection;
(c) A proposal which increases the number of licensed and approved beds in a hospital through the addition of 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;
[(c) The proposed addition, expansion or consolidation of any health service to be offered in or through a health facility which was not offered on a regular basis in the previous 12 months if the addition, expansion or consolidation:
(1) Involves a capital expenditure in excess of $100,000, or such an amount as the department may specify by regulation; or
(2) Would entail an annual operating expense for providing the service in excess of $297,500, or such an amount as the department may specify by regulation, whichever is greater;
(d) The]
(d) Except as otherwise provided in subsection 4, the proposed acquisition by or on behalf of a hospital of any new or used medical equipment which [would cost] has a market value of more than [$400,000,] $1,500,000 or such an amount as the department may specify by regulation, whichever is greater [;] , or the proposed acquisition by any other person of any new or used medical equipment which has a market value of more than $1,000,000 or such an amount as the department may specify by regulation, whichever is greater;
(e) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds ; [or the health services offered;] and
κ1987 Statutes of Nevada, Page 875 (CHAPTER 377, AB 289)κ
(f) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph [(c).] (a) or (d).
3. The provisions of paragraph (a) of subsection 2 do not include any capital expenditure for:
(a) The acquisition of land;
(b) The construction of a facility for parking;
(c) The maintenance of a health facility;
(d) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
(e) The installation of a system to conserve energy;
(f) The installation of a system for data processing or communication; or
(g) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service.
4. The provisions of paragraph (d) of subsection 2 do not include acquisitions of medical equipment proposed primarily to replace existing equipment. The department shall by regulation develop standards to determine whether the primary purpose of a proposed acquisition is to replace existing equipment.
5. In reviewing an application for approval, the director shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area; and
(b) [Consider any recommendation of a health systems agency; and
(c)] Base his decision on criteria established by the director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The extent to which the project is consistent with the state health plan;
(3) The financial feasibility of the project;
(4) The effect of the project on the cost of health care; and
(5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
[4.] 6. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.
[5.] 7. The decision of the director is a final decision for the purposes of judicial review.
Sec. 36. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 37, 38 and 39 of this act.
Sec. 37. 1. Each hospital in this state shall use for all patients discharged the form commonly referred to as the UB-82, or a different form prescribed by the director with the approval of a majority of the hospitals licensed in this state, and shall include in the form all information required by the department.
κ1987 Statutes of Nevada, Page 876 (CHAPTER 377, AB 289)κ
hospitals licensed in this state, and shall include in the form all information required by the department.
2. The department shall by regulation:
(a) Specify the information required to be included in the form for each patient; and
(b) Require each hospital to provide specified information from the form to the department.
3. Each insurance company or other payer shall accept the form as the bill for services provided by hospitals in this state.
4. Each hospital with more than 200 beds shall provide the information required pursuant to paragraph (b) of subsection 2 on magnetic tape or by other means specified by the department, or shall provide copies of the forms and pay the costs of entering the information manually from the copies.
Sec. 38. 1. A licensee must obtain the approval of the health division before the addition of any of the following services:
(a) The intensive care of newborn babies.
(b) The treatment of burns.
(c) The transplant of organs.
(d) The performance of open-heart surgery.
(e) A center for the treatment of trauma.
2. The health division shall approve an application to provide any of the services described in subsection 1 unless it determines that the licensee has inadequate personnel or equipment for the provision of the services. The health division may deny approval or revoke its approval if the licensee fails to comply with standards approved by the board for the provision of such services.
3. The board shall consider standards adopted by appropriate national organizations as a guide for adopting standards for the approval of the provision of services pursuant to this section.
Sec. 39. 1. The director shall by regulation create in each county whose population is 100,000 or more a commission for the advocacy of maintaining the quality of care provided by hospitals. Each hospital in such a county with more than 200 beds shall create a committee for the advocacy of maintaining the quality of care provided by the hospital. The director shall prescribe the powers and duties of such commissions and committees.
2. Each committee must be composed of at least five physicians on the medical staff of the hospital who do not have a pecuniary interest in the hospital, who must be elected by a vote of all such physicians at the hospital.
3. The state health officer is ex officio a voting member of each commission. Except as otherwise provided in this subsection, each hospital in such a county shall have one representative on the commission. The representative must be elected by the physicians on the medical staff of the hospital who do not have a pecuniary interest in the hospital. If there are an odd number of hospitals in the county, the largest hospital, based upon the number of licensed beds, shall elect two representatives in accordance with the provisions of this subsection.
κ1987 Statutes of Nevada, Page 877 (CHAPTER 377, AB 289)κ
number of licensed beds, shall elect two representatives in accordance with the provisions of this subsection.
4. Each committee and commission shall represent the interests of patients of hospitals in the county to ensure that the quality of care provided by hospitals is not compromised in the interest of economic considerations. A commission may require hospitals in the county to submit information concerning the patterns of staffing at the hospitals, and may compile that information for publication with similar information from other states. A committee may require such information from its hospital.
5. If a committee determines that its hospitals quality of care is being compromised in the interest of economic considerations, it shall inform the commission for its county. If a commission determines, either on its own or as a result of information provided by a committee, that a hospital is so compromising its quality of care, the commission shall inform the director of the department of human resources of its determination in writing. Upon receipt of such a determination, the director may require the hospital to submit to an evaluation conducted by the health division or by another appropriate accrediting body. The hospital which is subject to such an evaluation shall pay the costs of the evaluation.
6. The committees, the commissions, the legislative committee on health care and the director of the department of human resources may exchange the information each acquires.
Sec. 40. NRS 449.465 is hereby amended to read as follows:
449.465 1. The director may, by regulation, impose fees upon admitted health insurers to cover the costs of carrying out the provisions of NRS 449.450 to 449.530, inclusive [.] , and section 37 of this act. The maximum amount of fees collected must not exceed the amount authorized by the legislature in each biennial budget.
2. The director shall impose a fee of $50 each year upon admitted health insurers for the support of the legislative committee on health care. The fee imposed pursuant to this subsection is in addition to any fee imposed pursuant to subsection 1. The fee collected for the support of the legislative committee on health care must be deposited in the legislative fund.
Sec. 41. NRS 449.490 is hereby amended to read as follows:
449.490 1. Every institution which is subject to the provisions of NRS 449.450 to 449.530, inclusive, and section 37 of this act, shall file with the department the following financial statements or reports in a form and at intervals specified by the director but at least annually:
(a) A balance sheet detailing the assets, liabilities and net worth of the institution for its fiscal year; and
(b) A statement of income and expenses for the fiscal year.
Each such institution shall file with the department a proposed operating budget for the following fiscal year at least 30 days before the start of that fiscal year.
2. The director shall require the certification of specified financial reports by [the institutions] an independent certified public accountant and may require attestations from responsible officers of the institution that the reports are, to the best of their knowledge and belief, accurate and complete.
κ1987 Statutes of Nevada, Page 878 (CHAPTER 377, AB 289)κ
may require attestations from responsible officers of the institution that the reports are, to the best of their knowledge and belief, accurate and complete.
3. The director shall require the filing of all reports by specified dates, and may adopt regulations which assess penalties for failure to file as required, but he shall not require the submission of a final annual report sooner than 6 months after the close of the fiscal year, and may grant extensions to institutions which can show that the required information is not available on the required reporting date.
4. All reports, except privileged medical information, filed under any provisions of NRS 449.450 to 449.530, inclusive, and section 37 of this act, are open to public inspection and must be available for examination at the office of the department during regular business hours.
Sec. 42. Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county in which a public hospital is located may, upon approval by a majority of the voters voting on the question in an election held throughout the county, levy an ad valorem tax of not more than 2.5 cents on each $100 of assessed valuation upon all taxable property in the county, to pay the cost of services rendered by the hospital pursuant to subsection 3 of NRS 450.420. The approval required by this subsection may be requested at any general or special election.
2. Any tax imposed pursuant to this section is in addition to the taxes imposed pursuant to NRS 428.050 and 428.285. The proceeds of any tax levied pursuant to this section are exempt from the limitations imposed by NRS 428.050, 428.285, 354.59805, 354.59811 and 354.59816, and must be excluded in determining the maximum rate of tax authorized by those sections.
Sec. 43. NRS 450.420 is hereby amended to read as follows:
450.420 1. The board of county commissioners of the county in which a public hospital is located may determine whether patients presented to the public hospital for treatment are subjects of charity. [The] Except as otherwise provided in section 28 of this act, the board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.
2. The board of hospital trustees shall fix the charges for treatment of those persons able to pay for the charges, as the board deems just and proper. The board of hospital trustees may impose an interest charge of not more than 12 percent per annum on unpaid accounts. The receipts must be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
3. Except as provided in subsection 4 [,] of this section and subsection 3 of section 27 of this act, the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and follow-up inpatient care required for any such person as determined by the board of trustees of the hospital, but the hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support.
κ1987 Statutes of Nevada, Page 879 (CHAPTER 377, AB 289)κ
of section 27 of this act, the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and follow-up inpatient care required for any such person as determined by the board of trustees of the hospital, but the hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support. Any amount collected must be reimbursed or credited to the county.
4. The county is not chargeable with the cost of services rendered by the hospital or any attending staff physician or surgeon to the extent the hospital is reimbursed for those services pursuant to NRS 428.115 to 428.255, inclusive.
Sec. 44. NRS 450.490 is hereby amended to read as follows:
450.490 1. The board of county commissioners of any county for which a public hospital has been established or is administered pursuant to NRS 450.010 to 450.510, inclusive, and whose public hospital is the only hospital in the county, may convey the hospital for an amount not less than its appraised value or lease it for a term of not more than 50 years to any corporation if all of the following conditions are met:
(a) The corporation must provide in its articles of incorporation for an advisory board for the hospital. The advisory board must consist of persons who represent a broad section of the people to be served by the hospital.
(b) The corporation must contract to [care] :
(1) Care for indigent patients at a charge to the county which does not exceed the actual cost of providing that care, [and to receive] or in accordance with sections 25 to 29, inclusive, of this act, if applicable; and
(2) Receive any person falling sick or maimed within the county.
(c) The corporation must agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of an amount which is not less than the appraised value of the hospital, after deducting any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will, over the term of the lease, reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. If any hospital which has been conveyed pursuant to this section ceases to be used as a hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another hospital for the county, the hospital so conveyed reverts to the ownership of the county.
κ1987 Statutes of Nevada, Page 880 (CHAPTER 377, AB 289)κ
the proceeds used to erect or enlarge another hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a hospital, the lease is terminated.
Sec. 45. NRS 450.500 is hereby amended to read as follows:
450.500 1. Except as otherwise provided in NRS 450.490, the board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey the hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following conditions are met:
(a) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for:
(1) A membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county or a single member which is a nonprofit corporation whose articles of incorporation provide for a membership which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county;
(2) The selection of the governing body by the membership of the corporation or, if the corporation has a single member, by the single member;
(3) The governing body to select its members only to fill a vacancy for an unexpired term; and
(4) The terms of office of members of the governing body, not to exceed 6 years.
(b) The nonprofit corporation [shall] must contract to [care] :
(1) Care for indigent patients at a charge to the county which does not exceed the actual cost of providing such care, [and to receive] or in accordance with sections 25 to 29, inclusive, of this act, if applicable; and
(2) Receive any person falling sick or maimed within the county.
(c) The nonprofit corporation [shall] must agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
κ1987 Statutes of Nevada, Page 881 (CHAPTER 377, AB 289)κ
(2) If the hospital is leased, for a rental which will over the term of the lease reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.
3. If any hospital which has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit hospital, the lease is terminated.
Sec. 46. NRS 450.510 is hereby amended to read as follows:
450.510 1. The board of county commissioners of any county whose population is less than 100,000 may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county. The contract must be consistent with the provisions of sections 25 to 29, inclusive, of the act, if applicable.
2. The contracting county may participate, from its county hospital construction fund or otherwise, in the enlargement or alteration of the hospital.
Sec. 47. NRS 450.700 is hereby amended to read as follows:
450.700 1. The board of county commissioners of the county in which a district hospital is located may determine whether patients presented to the district hospital for treatment are subjects of charity. [The] Except as otherwise provided in section 28 of this act, the board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.
2. The board of trustees shall fix the charges for treatment of those persons able to pay for it, as the board deems just and proper. The receipts therefor must be paid to the county treasurer and credited by him to the [district fund.] fund for the district.
Sec. 48. NRS 232.320 is hereby amended to read as follows:
232.320 1. [The] Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the division for review of health resources and costs;
(3) The administrator of the health division;
κ1987 Statutes of Nevada, Page 882 (CHAPTER 377, AB 289)κ
(4) The administrator of the rehabilitation division;
(5) The state welfare administrator; and
(6) The administrator of the youth services division.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 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, sections 2 to 33, inclusive, of this act, 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.
(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.
Sec. 49. NRS 422.234 is hereby amended to read as follows:
422.234 1. The administrator shall establish a state plan for assistance to the medically indigent. The state plan is subject to the approval of the board. The state plan must set forth the requirements for eligibility of indigent persons, the types of medical and remedial care for which assistance may be provided, the conditions imposed and such other provisions relating to the development and administration of the program for assistance to the medically indigent as the administrator and the board deem necessary. The state plan must include a system of prospective payments to hospitals for treatment of eligible patients. The payments must equal the actual cost of treatment by the most efficient and economical hospital in its category. Costs must be determined in accordance with the annual reports filed by hospitals for the purposes of Medicare.
2. In developing and revising the plan, the administrator and the board shall consider, among other things, the amount of money available from the Federal Government for assistance to the medically indigent and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for assistance to the medically indigent.
Sec. 50. NRS 428.010 is hereby amended to read as follows:
428.010 1. To the extent that money may be lawfully appropriated by the board of county commissioners for this purpose pursuant to NRS 428.050 [, 428.265, 428.275] and 428.285, and section 42 of this act, every county shall provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident, lawfully resident therein, when such persons are not supported or relieved by their relatives or guardians, by their own means, or by state hospitals, or other state, federal or private institutions or agencies.
2. [The] Except as otherwise provided in section 28 of this act, the boards of county commissioners of the several counties [are vested with the authority to] may establish and approve policies and standards, prescribe a uniform standard of eligibility, appropriate money for this purpose and appoint agents who will develop regulations and administer these programs [for the purpose of providing] to provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.
κ1987 Statutes of Nevada, Page 883 (CHAPTER 377, AB 289)κ
[for the purpose of providing] to provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.
Sec. 51. NRS 428.030 is hereby amended to read as follows:
428.030 1. When any poor person meets the uniform standards of eligibility established by the board of county commissioners or by section 26 of this act, if applicable, and does not have relatives of sufficient ability to care for and maintain him, or when such relatives refuse or neglect to care for and maintain him, then he [must] is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050 [, 428.265, 428.275 or 428.285,] and 428.285, and section 42 of this act, for this purpose.
2. The board of county commissioners shall pay hospitals for the costs of treating indigent inpatients who reside in the county an amount which is not less than 85 percent of the prospective payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050 and 428.285, and section 42 of this act, for this purpose.
3. The board of county commissioners may:
(a) Make contracts for the necessary maintenance of poor persons;
(b) Appoint such agents as the board [may deem] deems necessary to oversee and provide the necessary maintenance of poor persons;
(c) Authorize the payment of cash grants [direct] directly to poor persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c) . [of this subsection.]
Sec. 52. NRS 428.060 is hereby amended to read as follows:
428.060 1. If it appears to the satisfaction of the board of county commissioners that a pauper applying for relief has not established his residence and came to the county for some other purpose, but before coming to the county was a resident of some other county of this state, the board shall provide temporary relief for the pauper in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated thereby for this purpose pursuant to NRS 428.050 [, 428.265, 428.275 or 428.285,] and 428.285, and section 42 of this act, and shall notify immediately the board of county commissioners of the county where the pauper last had a residence.
2. The notice must be in writing, duly attested by the clerk of the board of county commissioners, and deposited in the post office, addressed to the board of county commissioners of the other county.
3. The board of county commissioners receiving the notice may cause the pauper to be removed immediately to that county, and shall pay a reasonable compensation for the temporary relief afforded. If the board of county commissioners chooses not to remove the pauper, the county affording relief has a legal claim against any money lawfully available in that county for the relief necessarily furnished, and may recover it in a suit at law.
κ1987 Statutes of Nevada, Page 884 (CHAPTER 377, AB 289)κ
county commissioners chooses not to remove the pauper, the county affording relief has a legal claim against any money lawfully available in that county for the relief necessarily furnished, and may recover it in a suit at law.
Sec. 53. NRS 428.090 is hereby amended to read as follows:
428.090 1. When any nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners or by section 26 of this act, if applicable, falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated for this purpose pursuant to NRS 428.050 [, 428.265, 428.275 or 428.285.] and 428.285 and section 42 of this act.
2. If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.
3. The board of county commissioners shall make such allowance for the persons board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent of the amount of money or the value of services provided by:
(a) The welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the state plan for assistance to the medically indigent; and
(b) The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.
Sec. 54. NRS 680A.320 is hereby amended to read as follows:
680A.320 1. For the purposes of this section:
(a) [A subsidiary is a person of which either the insurer and the parent corporation or the insurer or the parent corporation holds practical control.
(b)] An affiliated person is a person controlled by any combination of the insurer, the parent corporation, a subsidiary or the principal stockholders or officers or directors of any of the foregoing.
(b) Health facility has the meaning ascribed to it in NRS 439A.015.
(c) A subsidiary is a person of which either the insurer and the parent corporation or the insurer or the parent corporation holds practical control.
2. No insurer [shall] may engage directly or indirectly in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which will result or tend to result in:
(a) Substitution contrary to the interest of the insurer and through any method of any asset of the insurer with an asset or assets of inferior quality or lower fair market value;
(b) Deception as to the true operating results of the insurer;
κ1987 Statutes of Nevada, Page 885 (CHAPTER 377, AB 289)κ
(c) Deception as to the true financial condition of the insurer;
(d) Allocation to the insurer of a proportion of the expense of combined facilities or operations which is unfair and unfavorable to the insurer;
(e) Unfair or excessive charges against the insurer for services, facilities, supplies or reinsurance;
(f) Unfair and inadequate charges by the insurer for reinsurance, services, facilities or supplies furnished by the insurer to others;
(g) Payment by the insurer for services, facilities, supplies or reinsurance not reasonably needed by the insurer; [or]
(h) Depletion of the insurers surplus, through payment of dividends or other distribution or withdrawal, below the amount thereof reasonably required for conduct of the insurers business and maintenance of growth with safety to policyholders [.] ; or
(i) Payment by the insurer for services or products for which the health facility has charged less than fair market value, unless the reduced charge is reflected in the form of reduced premiums. In determining what constitutes fair market value, consideration must be given to reasonable agreements for the preferential provision of health care, in accordance with regulations adopted by the commissioner. An insurer which charges less than fair market value for services or products in a transaction which is subject to the provisions of this paragraph shall annually file a certification with the commissioner that the reduced charge has been reflected in the form of reduced premiums, together with documentation supporting the certification.
3. In all transactions between the insurer and its parent corporation, or involving the insurer and any subsidiary or affiliated person, full recognition [shall] must be given to the paramount duty and obligation of the insurer to protect the interests of policyholders, both existing and future.
4. If a health facility is a parent, subsidiary or affiliate of an insurer or of a parent or facility of an insurer, and the insurer purchases medical or any other services or products from the health facility, the health facility may not:
(a) Attempt artificially to reduce or increase its margin of profit by altering the charges to the insurer.
(b) Alter its true operating results or financial condition through charges to the insurer for services or products.
This subsection does not prohibit activities authorized pursuant to paragraph (i) of subsection 2.
5. If a health facility is found, after notice and a hearing, to have violated the provisions of subsection 4, the commissioner may impose an administrative fine of not more than $5,000 for each violation.
Sec. 55. 1. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 17 percent shall:
(a) For the fiscal year 1987-1988, reduce its billed charges for inpatients by at least 25 percent below its billed charges in effect on March 31, 1987 and reduce its net revenue per inpatient admission by an average of 15 percent below its net revenue per inpatient admission in the fiscal year 1986-1987; and
κ1987 Statutes of Nevada, Page 886 (CHAPTER 377, AB 289)κ
(b) Except as otherwise provided in subsections 5 and 8, for the fiscal year 1988-1989, maintain its billed charges for inpatients and net revenue per inpatient admission at a level which is not higher than that required for the fiscal year 1987-1988.
2. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 12 percent but did not exceed 17 percent shall:
(a) For the fiscal year 1987-1988, reduce its billed charges for inpatients by at least 12 percent below its billed charges in effect on March 31, 1987 and reduce its net revenue per inpatient admission by an average of 7.5 percent below its net revenue per inpatient admission in the fiscal year 1986-1987; and
(b) Except as otherwise provided in subsections 5 and 8, for the fiscal year 1988-1989, maintain its billed charges for inpatients and net revenue per inpatient admission at a level which is not higher than that required for the fiscal year 1987-1988.
3. Each hospital whose percentage of income to operating expenses for the calendar year 1986 exceeded 7 percent but did not exceed 12 percent shall reduce its billed charges by an amount which is sufficient to result in a percentage of income to operating expenses of not more than 7 percent for the fiscal years 1987-1988, 1988-1989, 1989-1990 and 1990-1991.
4. A hospital which:
(a) Is not subject to the requirements of subsection 1, 2 or 3 in the fiscal year 1987-1988; and
(b) Exceeds in the calendar year 1987 one of the respective percentages of income to operating expenses specified in those subsections,
shall in the fiscal year 1988-1989 comply with the requirements of the applicable subsection for the fiscal year 1987-1988.
5. A hospital which is subject to the requirements of subsection 1 or 2 in the fiscal year 1987-1988 may increase its billed charges and its net revenue per inpatient admission in the fiscal year 1988-1989 to the extent authorized by this subsection. A hospital may increase its net revenue in the fiscal year 1988-1989 to the extent that the following costs increase in the fiscal year 1987-1988 over the corresponding amounts for the fiscal year 1986-1987:
(a) Salaries of employees of the hospital, excluding administrative employees;
(b) Malpractice insurance;
(c) Fees for licensing;
(d) Utilities; and
(e) Any other increases in costs which the director determines were beyond the control of the hospital.
A hospital must apply to the director for an increase pursuant to this subsection on or before September 30, 1988, by submitting information verifying increases specifically allowed or proposed for consideration pursuant to this subsection. The director shall, on or before November 15, 1988, determine the amount by which the hospital will be allowed to increase its net revenue in the fiscal year 1988-1989.
κ1987 Statutes of Nevada, Page 887 (CHAPTER 377, AB 289)κ
increase its net revenue in the fiscal year 1988-1989. The decision of the director is a final decision for the purposes of judicial review.
6. The hospital may increase its net revenue per inpatient admission in the fiscal year 1988-1989 by an amount which will result in the increase in net revenue authorized pursuant to this subsection. The hospital may increase its billed charges in the fiscal year 1988-1989 by 1 percent for each percent that it is authorized to increase its net revenue per inpatient admission. Except as otherwise provided in subsection 8, each hospital which is required to comply with the requirements of subsection 1, 2 or 4 shall not increase its billed charges for inpatients in the fiscal year 1989-1990 or in the fiscal year 1990-1991 by more than 4 percent above the percentage increase in the Consumer Price Index (Medical Care Component for all Urban Consumers), published by the Bureau of Labor Statistics of the Department of Labor, in the preceding calendar year.
7. A hospital which fails to reduce its billed charges or net revenue per inpatient admission or to maintain its billed charges or net revenue at the levels required by subsections 1, 2, 4, 5 and 6, shall, except as otherwise provided in subsection 8, pay a penalty of twice the amount of the difference between its total billed charges and its total authorized billed charges or twice the amount of the difference between its total net revenue and its total authorized net revenue, whichever is greater. A hospital which fails to reduce its percentage of income to operating expenses to the levels required by subsection 3 shall pay a penalty of twice the amount of the difference between its total income and its total authorized income. The director shall determine the amount of the penalty which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The director shall include in the penalty any amounts by which the hospital failed to meet its obligation in a preceding year which were not discovered at the time of the failure. Payment is due within 30 days after receipt of the notice. If a hospital fails to pay the penalty when it is due the hospital shall pay, in addition to the penalty:
(a) Interest at a rate of 1 percent per month for each month after the penalty is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the penalty and interest from the hospital.
8. The legislature has determined that the requirements of subsection 1 would result in the following reductions in net revenue if the amount of care provided in the fiscal year 1987-1988 were the same as was provided in the calendar year 1986:
Humana Hospital Sunrise................................................................... $9,878,425
Valley Hospital Medical Center......................................................... 5,103,931
Desert Springs Hospital...................................................................... 3,494,151
If the difference between a hospitals net revenue for the fiscal year 1987-1988 or 1988-1989 and the amount its net revenue would have been based upon its net revenue per inpatient admission in the fiscal year 1986-1987 exceeds the amount specified in this subsection, reduced by any credit approved pursuant to subsection 12, the hospital is exempt from any penalty which would otherwise be imposed pursuant to subsection 7.
κ1987 Statutes of Nevada, Page 888 (CHAPTER 377, AB 289)κ
exceeds the amount specified in this subsection, reduced by any credit approved pursuant to subsection 12, the hospital is exempt from any penalty which would otherwise be imposed pursuant to subsection 7. A hospital which increases its billed charges based upon a determination that the provisions of this subsection will exempt the hospital from any penalty for such action shall notify the director in writing of the increase and submit documentation in support of the hospitals determination. The director shall determine the amount by which a hospitals reduction in net revenue for the fiscal years 1987-1988 and 1988-1989 exceeded the amounts specified in this subsection, after deducting any applicable credit, and shall authorize the hospital to increase its net revenue per inpatient admission by an amount which is sufficient to allow the recovery of the excess in the fiscal year 1988-1989 or 1989-1990, as appropriate. The hospital may increase its billed charges in the fiscal years 1988-1989 and 1989-1990 by 1 percent for each percent that it is authorized to increase its net revenue per inpatient admission pursuant to this subsection for that fiscal year. Any increase authorized pursuant to this subsection is in addition to the increases authorized pursuant to subsections 5 and 6.
9. One-half of the money collected pursuant to this section must be deposited in the legislative fund and used for the support of the legislative committee on health care. The other half of the money must be deposited in the supplemental fund for assistance to indigent persons. The board of trustees of the fund for hospital care to indigent persons shall distribute to each county before May 1 from money deposited in the supplemental fund pursuant to this subsection an amount proportionate to the amount paid into the supplemental fund by the county in the previous fiscal year.
10. The division shall, on or before July 1, 1987:
(a) Determine the percentage of income to operating expenses for the calendar year 1986 for each hospital in this state based upon reports submitted by the hospitals to the division;
(b) Determine whether that percentage exceeds the amount specified in subsection 1, 2 or 3; and
(c) Notify each hospital which will be required to comply with the provisions of subsection 1, 2 or 3 and of subsection 6. Each hospital so notified, except a hospital which is subject to the provisions of subsection 3, shall within 30 days provide to the director a copy of its list of billed charges in effect on March 31, 1987.
The division shall make such other determinations as are necessary to carry out the provisions of this section.
11. The provisions of subsection 1, 2, 3 and 4 do not require a hospital to reduce the amount it receives pursuant to a contract in effect on the effective date of this section.
12. A hospital which is required pursuant to subsection 1, 2 or 4 to reduce or limit its net revenue per inpatient admission in a fiscal year is entitled to a credit against its net revenue used to compute its revenue per inpatient admission of $2 for each $1 spent by the hospital in the preceding calendar year to increase its ratio of nursing hours to patient days.
κ1987 Statutes of Nevada, Page 889 (CHAPTER 377, AB 289)κ
calendar year to increase its ratio of nursing hours to patient days. The credit authorized pursuant to this subsection must not exceed 5.5 percent of the amount by which the net revenue of the hospital would otherwise be required to be reduced in the fiscal year 1987-1988. The credit applies only to nurses licensed pursuant to chapter 632 of NRS. To receive the credit, a hospital must:
(a) Increase its percentage of nurses who work at least 40 hours per week above the percentage for the preceding calendar year;
(b) Increase its ratio of nursing hours to patient days above the ratio for the calendar year 1986;
(c) Maintain its level of expenditures for medical education in Nevada at the level provided in the calendar year 1986, including education of allied health students, education of students in medical school, postgraduate residency programs and continuing medical education for the hospitals staff; and
(d) Submit to the director on or before January 31 of the fiscal year in which the credit is claimed evidence of compliance with the requirements of paragraphs (a), (b) and (c).
The director may disallow all or any portion of the claimed credit which he determines is not supported by the evidence. The decision of the director is a final decision for the purpose of judicial review.
13. The director may adopt such regulations as he deems necessary to carry out the provisions of this section.
14. As used in this section:
(a) Director means the director of the department of human resources.
(b) Division means the division for review of health resources and costs of the department of human resources.
(c) Fiscal year means a period beginning on July 1 and ending on June 30 of the following year.
(d) Income means all revenues earned from the care of inpatients, as determined by the division from reports submitted to the division by a hospital, minus operating expenses, before the payment of income taxes.
(e) Net revenue per inpatient admission means all revenues earned from medical care provided to inpatients by a hospital, excluding income from inpatients covered by Medicare or Medicaid, divided by the number of inpatients admitted, excluding inpatients covered by Medicare or Medicaid.
(f) Operating expenses means expenses of operation of a hospital which the division determines to be an allowable operating expense including:
(1) All operating expenses allowed by the Health Care Financing Administration for hospitals which receive payments for Medicare;
(2) Expenses for capital expenditures approved pursuant to NRS 439A.100; and
(3) Other operating expenses which the division determines to be directly related to the provision of care to inpatients.
(g) Percentage of income to operating expenses means income divided by operating expenses and then multiplied by 100.
κ1987 Statutes of Nevada, Page 890 (CHAPTER 377, AB 289)κ
Sec. 56. 1. The legislature intends that the reductions in revenue required of hospitals by section 55 of this act be carried out without affecting the service provided by such hospitals. The legislature hereby finds that any reduction in the number or quality of the employees of such hospitals would be contrary to the interests of the people of this state, and would endanger public health. The legislature further finds that any reduction in the salaries or benefits of the employees of such a hospital is likely to result in a reduction in the number and quality of the employees of the hospital.
2. A hospital which is required pursuant to subsection 1, 2 or 4 of section 55 of this act to reduce its net revenue per inpatient admission shall not:
(a) Reduce the wages, hours or benefits of any employee, except in the case of legitimate disciplinary action or at the request of the employee;
(b) Reduce the number of employees employed to perform any service; or
(c) Reduce the quantity or quality of service provided by the hospital, except to the extent that a reduction in quantity corresponds to a reduction in the level of occupancy of the hospital,
unless the hospitals action is approved by the director of the department of human resources.
3. For the purposes of this section, a reduction in the quality of service provided by a hospital includes:
(a) Reducing the number of hours employees are assigned to provide or assist in the provision of a service;
(b) Discontinuing any service which is provided to more than 50 persons in a year; and
(c) Any other action which reduces the quality of care received by patients in the hospital.
4. The director of the department of human resources may:
(a) Impose an administrative fine of not more than $5,000 per occurrence for each violation of this section; and
(b) Adopt regulations necessary to carry out the provisions of this section.
Sec. 57. 1. The legislature hereby finds and declares that:
(a) Rates charged by hospitals in this state are excessive and in need of control;
(b) The provisions of section 55 of this act would provide needed relief to the residents of this state from those rates;
(c) It is essential that the provisions of that section remain in force for the entire period prescribed by that section for the residents of this state to receive the full benefit of its requirements; and
(d) If those provisions are not in effect for the period prescribed by that section, it will be necessary for those provisions to take effect as soon as possible and for the amount of time required by that section.
2. If any of the provisions of section 55 of this act is enjoined, restrained or otherwise prevented by a court from taking effect, those provisions become effective on the date that those provisions are upheld by the Supreme Court of the United States or of Nevada, or on the date that the time for appealing the ruling of a lower court upholding those provisions expires.
κ1987 Statutes of Nevada, Page 891 (CHAPTER 377, AB 289)κ
Supreme Court of the United States or of Nevada, or on the date that the time for appealing the ruling of a lower court upholding those provisions expires. The times and amounts used to measure the obligation of a hospital and against which compliance is measured must be as stated in that section. The periods in which a hospital is required to comply must be measured from the date on which the provisions become effective pursuant to this subsection, with that date being the equivalent of July 1, 1987.
3. If any of the provisions of this act are found by a court to be unconstitutional, the legislature intends that the remaining provisions take effect with respect to the hospitals that would otherwise be subject to those provisions, and to this end the provisions of this act are hereby declared to be severable.
Sec. 58. 1. Each insurer, nonprofit corporation for hospital or medical service and health maintenance organization shall identify reductions in payments of claims which result from the provisions of this act and pass those savings on to their policyholders in the form of reduced premiums.
2. If an entity described in subsection 1 is found, after notice and hearing, to have failed to identify or pass on savings as required by subsection 1, the commissioner of insurance may impose an administrative fine of not more than $5,000 and impose other sanctions authorized by law.
Sec. 59. The legislative committee on health care shall:
1. Review the actions of the director of the department of human resources in administering the provisions of this act, except section 35 of this act, and adopting regulations pursuant to those provisions. The director shall report to the committee concerning any regulations proposed or adopted pursuant to those provisions.
2. Report to the legislature on December 1, 1988, and December 1, 1990, concerning the effect of this act and the need for continued controls over the costs of health care.
Sec. 60. If a contract was in effect for the fiscal year 1986-1987 between a county and a hospital for the treatment of a majority of the indigent patients in the county, the total amount of reimbursement paid to the hospital by the county in the fiscal year 1987-1988 for the treatment of indigent patients must not be less than the amount paid to the hospital in the fiscal year 1986-1987 if the hospital treats at least as many indigent patients.
Sec. 61. 1. This section and sections 55, 56, 57 and 58 of this act become effective upon passage and approval.
2. Sections 1 to 42, inclusive, 44, 45, 46, 48 to 54, inclusive, 59 and 60 of this act become effective on July 1, 1987.
3. Sections 43 and 47 of this act become effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 892κ
Senate Bill No. 477Committee on Judiciary
CHAPTER 378
AN ACT relating to time shares; resolving conflict in procedure for certain disciplinary actions taken against licensees; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 119A.230 is hereby amended to read as follows:
119A.230 1. The administrator may impose a fine or suspend, revoke or reissue, subject to conditions, any sales agents license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:
(a) Making any material misrepresentation;
(b) Making any false promises of a character likely to influence, persuade or induce;
(c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;
(d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed;
(e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others;
(f) Violating any of the provisions of this chapter or chapter 119B of NRS or of any regulation adopted pursuant to either chapter, or willfully aiding or abetting another to do so; or
(g) A felony or other crime of moral turpitude or has entered a plea of nolo contendere to a felony or other crime of moral turpitude.
2. The administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.
[3. The administrator may refer any complaint for the revocation or suspension of a sales agents license to the real estate commission or to a hearing officer designated by the director of the department of commerce. The real estate commission or the hearing officer shall report its findings and recommendations to the administrator.]
Sec. 2. NRS 119A.630 is hereby amended to read as follows:
119A.630 For any proceeding held pursuant to a provision of this chapter, except a hearing to impose a fine or revoke or suspend a license, the administrator may appoint a hearing officer from the staff of the department of commerce who shall act as his agent and conduct any hearing or investigation which may be conducted by the administrator pursuant to this chapter.
κ1987 Statutes of Nevada, Page 893 (CHAPTER 378, SB 477)κ
this chapter. The administrator shall appoint a hearing officer to conduct a hearing to impose a fine or revoke or suspend a license.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 287Committee on Taxation
CHAPTER 379
AN ACT relating to insurance; retaining the current level of tax on premiums of insurance; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the commissioner a tax upon his net premiums and net considerations at the rate of [:
(a) Three percent on amounts received during the fiscal years beginning on July 1, 1985, and July 1, 1986, respectively.
(b) Two and one-half percent on amounts received on or after July 1, 1987.] 3 percent.
2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.
3. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 317Committee on Judiciary
CHAPTER 380
AN ACT relating to time shares; requiring a sales agent to pay an additional fee for investigation upon issuance of a license; authorizing reinstatement of a sales agents license under certain circumstances; requiring the inclusion of the right to cancel in the contract of sale; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 119A.210 is hereby amended to read as follows:
119A.210 1. 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:
κ1987 Statutes of Nevada, Page 894 (CHAPTER 380, SB 317)κ
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.
5. Upon the issuance of a license to an applicant, the applicant must pay a fee of $100 [.] for the license and an additional fee of $25 for investigation.
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. If a sales agent fails to pay the renewal fee before the expiration of his license, the license may be reinstated if the licensee pays a reinstatement fee of $50 and the renewal fee within 1 year after the license expires.
8. The administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.
Sec. 2. NRS 119A.410 is hereby amended to read as follows:
119A.410 1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.
2. The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.
κ1987 Statutes of Nevada, Page 895 (CHAPTER 380, SB 317)κ
3. The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegraph to the business address of the developer.
4. The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 732Committee on Transportation
CHAPTER 381
AN ACT relating to drivers licenses; broadening the provision authorizing the issuance of a drivers license in a fictitious name for use by peace officer in undercover investigations; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall upon payment of the required fee issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive, which license must bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.
2. The department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriffs department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
κ1987 Statutes of Nevada, Page 896 (CHAPTER 381, AB 732)κ
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which it was issued.
5. A person may attach to his drivers license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
________
Assembly Bill No. 536Committee on Government Affairs
CHAPTER 382
AN ACT relating to the public service commission of Nevada; imposing a penalty for the late payment of fees by the operator of a tow car, taxicab or warehouse; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.451 is hereby amended to read as follows:
706.451 1. Each [tow car] owner or operator of a tow car subject to the jurisdiction of the commission shall, before commencing to operate or continuing operation after July 1, 1971, and annually thereafter, pay to the commission for each tow car operated, a fee of not more than $36.
2. The fee provided in this section [shall] must be paid on or before January 1 of each year.
3. The initial fee [shall] must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year [prior to] before July 1, 1971, for those tow cars lawfully operating on [such] that date or [prior to] before the commencement of operation of each tow car commencing [such] operation after July 1, 1971.
4. Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
Sec. 2. NRS 706.471 is hereby amended to read as follows:
706.471 1. Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.126 and annually thereafter, pay to the commission for each taxicab which it operates, a fee of not more than $75 as determined by a regulation of the commission.
2. The fee provided in this section [shall] must be paid on or before January 1 of each year.
3. The initial fee [shall] must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.
κ1987 Statutes of Nevada, Page 897 (CHAPTER 382, AB 536)κ
4. Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
Sec. 3. NRS 712.050 is hereby amended to read as follows:
712.050 1. Before issuing a warehouse permit the commission shall:
[1.] (a) Require proof of financial ability to protect persons storing property from loss or damage, and a showing of sufficient assets, including working capital, to carry out the proposed service.
[2.] (b) Determine that the applicant has sufficient experience in and knowledge of [warehouse] the storage in a warehouse of household goods and effects, and the commissions [rules or] regulations governing the storage of household goods and effects.
[3.] (c) Require proof that the applicant carries a legal policy of liability insurance [policy evidencing insurance] evidencing coverage against fire, theft, loss and damage for stored property and effects in an amount not less that the base release value set forth in the [commission-approved] tariff approved by the commission governing the transportation of household goods and effects for those articles not covered by private insurance. Except upon 30 days written notice to the commission, [such policy shall] the insurance must not be canceled during the period for which any permit is issued. Failure to keep [such] the insurance in effect is cause for revocation of any warehouse permit.
[4.] (d) Require information showing that the property to be used for storage of household goods and effects is reasonably suitable for [such] that purpose. Failure to maintain [such] the property in suitable condition is cause for revocation of any warehouse permit.
[5. Collect an annual permit fee]
(e) Collect an initial fee for the permit as set by the commission according to the gross volume of business in an amount not less than $25 nor more than $50.
2. On or before January 1 of each year, the holder of a warehouse permit shall pay to the commission an annual fee as set by the commission pursuant to paragraph (e) of subsection 1.
3. Any person who fails to pay the annual fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
________
κ1987 Statutes of Nevada, Page 898κ
Senate Bill No. 267Senators Raggio, Jacobsen, Rhoads, Rawson, Gibson, Mello and Horn
CHAPTER 383
AN ACT making an appropriation to and authorizing expenditures by the Division of State Parks of the Department of Conservation and Natural Resources for capital improvements in parks and recreational areas; extending the time for repayment and reversion of money previously appropriated; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of State Parks of the Department of Conservation and Natural Resources the sum of $1,513,726 for capital improvements in parks and recreational areas. The division is also authorized to use $96,410 in unobligated park bonds for that purpose. This money must be used as follows:
1. Lahontan State Recreation Area, $644,372;
2. Lake Tahoe State Park, $146,291;
3. Spring Mountain Ranch, $52,367;
4. Spring Valley State Park, $189,512;
5. Valley of Fire State Park, $147,921;
6. Washoe Lake State Park, $295,961; and
7. Wildhorse State Recreation Area, $133,712.
Sec. 2. If a permissible expenditure is not sufficient to allow the completion of a project, the Interim Finance Committee, upon request by the Division of State Parks, may increase the permissible expenditure for the project and correspondingly reduce the permissible expenditure for one or more other projects.
Sec. 3. The Division of State Parks may temporarily borrow a portion of the appropriation made by section 1 of this act to provide money for use in accordance with the divisions budget for planning and development. Any money borrowed before or during the fiscal year 1987-88 must be repaid no later than June 30, 1988. Any such money borrowed during the fiscal year 1988-89 must be repaid no later than June 30, 1989.
Sec. 4. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. Sections 3 and 4 of chapter 433 of Statutes of Nevada 1985, at page 1228, are hereby amended to read respectively as follows:
Sec. 3. The division of state parks of the department of conservation and natural resources may temporarily borrow a portion of the appropriation made by section 1 of this act to provide money for use in accordance with the divisions budget for planning and development.
κ1987 Statutes of Nevada, Page 899 (CHAPTER 383, SB 267)κ
use in accordance with the divisions budget for planning and development. Any such money borrowed before or during the fiscal year 1985-86 must be repaid no later than June 30, 1986. Any such money borrowed during the fiscal year 1986-87 must be repaid no later than June 30, [1987.] 1988.
Sec. 4. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1987,] 1988, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 526Committee on Commerce and Labor
CHAPTER 384
AN ACT relating to insurance; imposing a tax on premiums paid to an alien insurer if the insurance is independently procured; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.040 is hereby amended to read as follows:
680B.040 1. Every insured in this state who procures or causes to be procured or continues or renews insurance in an unauthorized alien or foreign insurer, or any self-insurer in this state who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus line broker pursuant to chapter 685A of NRS or exempted from that chapter, shall within 30 days after the date such insurance was so procured, continued or renewed, file a written report with the commissioner on forms prescribed by the commissioner and furnished to such an insured upon request. The report must show:
(a) The name and address of the insured or insureds.
(b) The name and address of the insurer.
(c) The subject of the insurance.
(d) A general description of the coverage.
(e) The premium currently charged therefor.
(f) Such additional pertinent information as is reasonably requested by the commissioner.
If any such insurance covers also a subject of insurance resident, located or to be performed outside of this state, for the purposes of this section a proper pro rata portion of the entire premium payable for all such insurance must be allocated as to the subjects of insurance resident, located or to be performed in this state.
κ1987 Statutes of Nevada, Page 900 (CHAPTER 384, SB 526)κ
2. Any insurance in an unauthorized insurer procured through negotiations or an application in whole or in part occurring or made within or from within this state, or for which premiums in whole or in part are remitted directly or indirectly from within this state, shall be deemed to be insurance procured or continued or renewed in this state within the intent of subsection 1.
3. For the general support of the government of this state there is levied upon the obligation, chose in action or right represented by the premium charged or payable for such insurance a tax at the rate prescribed in NRS 680B.027. The insured shall withhold the amount of the tax from the amount of premium charged by and otherwise payable to the insurer for such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing with the commissioner of the report provided for in subsection 1, the insured shall pay the amount of the tax to the state treasurer through the commissioner.
4. If the insured fails to withhold from the premium the amount of tax levied in this section, the insured is liable for the amount [thereof] of the tax and shall pay [the same] it to the commissioner within the time stated in subsection 3.
5. The tax imposed by this section , if delinquent , bears interest at the rate of 10 percent per annum, compounded annually.
6. The tax is collectible from the insured by civil action brought by the commissioner, and by the seizure, distraint and sale of any property of the insured situated in this state.
7. This section does not abrogate or modify any other provision of this code.
8. This section does not apply to life or disability insurances.
________
Senate Bill No. 228Committee on Taxation
CHAPTER 385
AN ACT relating to taxation; setting a penalty and rate of interest for delinquent payment of tax on revenues from the rental of transient lodging; providing for their collection; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.3352 is hereby amended to read as follows:
244.3352 1. In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the board of county commissioners in each county shall impose a tax at the rate of 1 percent of the gross receipts from the rental of lodging in that county upon all persons in the business of providing lodging.
κ1987 Statutes of Nevada, Page 901 (CHAPTER 385, SB 228)κ
in the business of providing lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 3.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 244.335.
3. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the county shall charge and collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the board of county commissioners, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
Sec. 2. NRS 244.3354 is hereby amended to read as follows:
244.3354 The proceeds of the tax imposed pursuant to NRS 244.3352 and any applicable penalty or interest must be distributed as follows:
1. Three-eights [of all proceeds of the tax] must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.
2. Five-eighths [of all proceeds of the tax] must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
Sec. 3. NRS 268.096 is hereby amended to read as follows:
268.096 1. In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the city council or other governing body of each incorporated city or town shall impose a tax at the rate of 1 percent of the gross receipts from the rental of lodging in that city or town upon all persons in the business of providing lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 3.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.
3. If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:
(a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and
(b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.
κ1987 Statutes of Nevada, Page 902 (CHAPTER 385, SB 228)κ
Sec. 4. NRS 268.0962 is hereby amended to read as follows:
268.0962 The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:
1. Three-eighths [of all proceeds of the tax] must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.
2. Five-eighths [of all proceeds of the tax] must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city or town to be used to advertise the resources of that county or incorporated city or town related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
Sec. 5. The governing body of each incorporated city or town and the board of county commissioners of each county in which an ordinance exists that does not comply with the amendatory provisions of this act shall amend that ordinance to include the required provisions as soon as practicable.
________
Senate Bill No. 559Committee on Finance
CHAPTER 386
AN ACT relating to the department of data processing; requiring an operational audit of the department of data processing; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative auditor shall conduct an operational audit of the department of data processing, and present his findings and any recommendations to the 65th session of the Nevada Legislature.
2. The department of data processing shall transfer $50,000 from the informational service fund, out of its budget for the division of systems and programming, to the audit division of the legislative counsel bureau to carry out the provisions of subsection 1.
3. Any remaining balance of the sum transferred pursuant to subsection 2 must not be committed for expenditure after June 30, 1989, and reverts to the informational service fund as soon as all payments of money committed have been made.
________
κ1987 Statutes of Nevada, Page 903κ
Senate Bill No. 334Committee on Commerce and Labor
CHAPTER 387
AN ACT relating to barbers; revising the qualifications of the members of the state barbers health and sanitation board; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 643.020 is hereby amended to read as follows:
643.020 1. The state barbers health and sanitation board, consisting of four members, is hereby created.
2. The board consists of the state health officer, or a member of his staff designated by the state health officer, and three [barber] members who are registered barbers appointed by the governor. Of the [barber members,] barbers, one must be from Clark County, one from Washoe County and one from any [of the other counties] county in the state. [The barber members must be registered journeyman barbers, at least one of whom must be an employer of two or more full-time barbers.] Each of the [barber members] barbers must have been a resident of this state and a practicing registered [journeyman] barber for [a period of] at least 5 years immediately before his appointment.
3. The governor may remove a member of the board for cause.
________
Assembly Bill No. 223Committee on Taxation
CHAPTER 388
AN ACT relating to certain taxes on retail sales; providing an exemption for the trade-in allowance given for used farm machinery and equipment on a purchase of new farm machinery and equipment; and providing other matters properly relating thereto.
[Approved June 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 374.030 is hereby amended to read as follows:
374.030 1. Gross receipts means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:
(a) The cost of the property sold. However, in accordance with such rules and regulations as the department may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the county or has paid the use tax with respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business.
κ1987 Statutes of Nevada, Page 904 (CHAPTER 388, AB 223)κ
if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the county or has paid the use tax with respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.
(b) The cost of the materials used, labor or service cost, interest paid, losses or any other expense.
(c) The cost of transportation of the property prior to its sale to the purchaser.
2. The total amount of the sale or lease or rental price includes all of the following:
(a) Any services that are a part of the sale.
(b) All receipts, cash, credits and property of any kind.
(c) Any amount for which credit is allowed by the seller to the purchaser.
3. Gross receipts does not include any of the following:
(a) Cash discounts allowed and taken on sales.
(b) Sale price of property returned by customers when the full sale price is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.
(c) The price received for labor or services used in installing or applying the property sold.
(d) The amount of any tax (not including, however, any manufacturers or importers excise tax) imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.
(e) The amount of any allowance against the selling price given by a retailer for the value of [a] :
(1) A used vehicle which is taken in trade on the purchase of another vehicle [.] ; or
(2) A used piece of farm machinery or equipment which is taken in trade on the purchase of another piece of farm machinery or equipment.
4. For purposes of the sales tax, if the retailers establish to the satisfaction of the department that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.
________
κ1987 Statutes of Nevada, Page 905κ
Senate Bill No. 338Committee on Commerce and Labor
CHAPTER 389
AN ACT relating to occupational licensing; authorizing reciprocal licensing of barbers and cosmetologists under certain circumstances; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purpose of issuing a certificate of registration as a barber, a person licensed pursuant to chapter 644 of NRS who has completed 400 hours of specialized training at a school of barbering approved by the board is entitled to take the examination for a license as a practitioner of barbering without being certified as an apprentice.
Sec. 2. NRS 643.070 is hereby amended to read as follows:
643.070 Any person is qualified to receive a certificate of [registered] registration as a barber:
1. Who is qualified under the provisions of NRS 643.080 [.] or section 1 of this act.
2. Who is at least 18 years of age.
3. Who is of good moral character and temperate habits.
4. Who has practiced as a registered apprentice for a period of 18 months under the immediate personal supervision of a registered barber [.] or has satisfied the requirements of section 1 of this act.
5. Who has passed an examination conducted by the board to determine his fitness to practice as a registered barber.
6. Who has had a chest X-ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 3. NRS 643.110 is hereby amended to read as follows:
643.110 1. [An] Except as otherwise provided in subsection 2, an applicant for a license as a practitioner of barbering who fails to pass a satisfactory examination conducted by the board must continue to practice as an apprentice for an additional 3 months before he is again entitled to take the examination for [a registered] registration as a barber.
2. An applicant for a license as a practitioner of barbering who is a cosmetologist licensed pursuant to chapter 644 of NRS and who fails to pass a satisfactory examination conducted by the board must complete further study as prescribed by the board, not exceeding 250 hours, in a school of barbering approved by the board before he is again entitled to take the examination.
3. An applicant for a certificate of registration to practice as an apprentice who fails to pass the examination provided for in NRS 643.080 must complete [a] further study as prescribed by the board in a barber school approved by the board.
κ1987 Statutes of Nevada, Page 906 (CHAPTER 389, SB 338)κ
must complete [a] further study as prescribed by the board in a barber school approved by the board.
Sec. 4. NRS 644.200 is hereby amended to read as follows:
644.200 1. The board shall admit to examination for a license as a cosmetologist, at any meeting of the board held to conduct examinations, any person who has made application to the board in proper form and paid the fee, and who before or on the date of the examination:
[1.] (a) Is not less than 18 years of age.
[2.] (b) Is of good moral character.
[3.] (c) Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.
[4.] (d) Has had any one of the following:
[(a)] (1) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.
[(b)] (2) Practice of the occupation of a cosmetologist for a period of 4 years outside this state.
[(c)] (3) Service for at least 3,600 hours in not less than 2 years as a cosmetologists apprentice in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.
(4) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the board.
2. A registered barber who fails the examination for a license as a cosmetologist must complete further study as prescribed by the board, not exceeding 250 hours, in a school of cosmetology approved by the board before he is again entitled to take the examination.
________
Senate Bill No. 463Committee on Commerce and Labor
CHAPTER 390
AN ACT relating to cosmetology; including mobile units within the definition of cosmetological establishment; and providing other matters properly relating thereto.
[Approved June 10, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 644.0225 is hereby amended to read as follows:
644.0225 Cosmetological establishment means any premises, mobile unit, building or part of a building where cosmetology is practiced, other than a licensed barbershop in which one or more licensed manicurists practice.
________
κ1987 Statutes of Nevada, Page 907κ
Assembly Bill No. 792Committee on Ways and Means
CHAPTER 391
AN ACT relating to group insurance for public employees; increasing the amount payable by the state for its retired employees; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The budget division of the department of administration shall pay:
1. For the fiscal year 1987-1988, $41.61 per month; and
2. For the fiscal year 1988-1989, $52.10 per month,
toward the cost of the premiums of group insurance for retired employees of the state.
________
Assembly Bill No. 459Committee on Judiciary
CHAPTER 392
AN ACT relating to traffic laws; authorizing a nonresident who is convicted in this state of driving while under the influence of intoxicating liquor or a controlled substance to attend an educational course in the jurisdiction of his residence on the abuse of alcohol and controlled substances; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Any person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) [Order] Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and
κ1987 Statutes of Nevada, Page 908 (CHAPTER 392, AB 459)κ
(3) Fine him not less than $200 nor more than $1,000.
The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Except as provided in NRS 484.3794, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in jail and fine him not less than $500 nor more than $1,000.
(c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.
2. Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or within 6 months after the date of sentencing if the offender underwent treatment pursuant to NRS 484.3794. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
κ1987 Statutes of Nevada, Page 909 (CHAPTER 392, AB 459)κ
Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct.
________
Senate Bill No. 332Committee on Commerce and Labor
CHAPTER 393
AN ACT relating to court reporters; changing certain fees to which court reporters are entitled; requiring shorthand reporters to retain certain notes for a certain period; eliminating the requirement that a court reporter be sworn by a magistrate to perform his duties; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his services the official reporter or reporter pro tempore is entitled to the following fees:
(a) For being available to report civil and criminal testimony and proceedings when the court is sitting, [$100] $110 per day, to be paid by the county as provided in subsection 2.
(b) For transcription, [70 cents per folio] $2.00 per page for the original draft, and [20 cents per folio] 50 cents per page for each additional copy to the party ordering the original draft. For transcription for any party other than the party ordering the original draft, [20 cents per folio.] 50 cents per page.
(c) For reporting all civil matters, in addition to the salary provided in paragraph (a), [$15] $17.50 for each hour or fraction thereof actually spent, [but not more than $100 in any calendar day,] to be taxes as costs pursuant to subsection 3. If the fees for any day computed according to the hourly
κ1987 Statutes of Nevada, Page 910 (CHAPTER 393, SB 332)κ
rate would exceed [$100,] $110, the fee to be taxed for each civil matter reported is that proportion of [$100] $110 which the time spent on that matter bore to the total time spent that day.
For the purposes of this subsection, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented nor more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.
2. The fee specified in paragraph (a) of subsection 1 must be paid out of the county treasury upon the order of the court. In criminal cases the fees for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in [like] the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem . [; the] The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, [to] must be prorated by the judge on the basis of time consumed by work in the respective counties [; the salary and traveling expenses to] and must be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees prescribed in paragraph (c) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole [thereof.] fee. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court.
4. Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
5. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.
Sec. 2. NRS 4.410 is hereby amended to read as follows:
4.410 1. If the person designated to transcribe the proceedings is:
(a) Regularly employed as a public employee, he is not entitled to additional compensation for preparing the transcript.
(b) Not regularly employed as a public employee and not a certified shorthand reporter, he is entitled to such compensation for preparing the transcript as the board of county commissioners determines.
κ1987 Statutes of Nevada, Page 911 (CHAPTER 393, SB 332)κ
shorthand reporter, he is entitled to such compensation for preparing the transcript as the board of county commissioners determines.
(c) A certified shorthand reporter, he is entitled to the same fees [for preparing the transcript as in the district court.] as set forth in NRS 3.370.
2. The fees for transcripts and copies must be paid by the party ordering them. In a civil case the preparation of the transcript need not commence until the fees have been deposited with the deputy clerk of the court.
Sec. 3. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified shorthand reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. [The reporter employed as provided in subsection 1 shall be sworn by the magistrate before whom such proceedings are held to record verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript thereof into typewritten transcript.
3.] When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate [shall authenticate] authenticates the transcript for all purposes of this Title.
[4. Prior to]
3. Before the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
[5.] 4. The compensation for the services of a reporter employed as provided in this section [shall be] are the same as provided in subsection 1 of NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
[6.] 5. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript [shall] must be furnished without charge to the defendant and to the district attorney.
[7.] 6. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state [,] or dead, or when his personal attendance cannot be had in court.
Sec. 4. Chapter 656 of NRS is hereby amended by adding thereto a new section to read as follows:
A shorthand reporter shall retain his notes, whether or not transcribed, for 8 years if they concern any matter subject to judicial review.
κ1987 Statutes of Nevada, Page 912 (CHAPTER 393, SB 332)κ
for 8 years if they concern any matter subject to judicial review. These notes must be kept in a manner which is reasonably secure against theft, tampering or accidental destruction.
________
Assembly Bill No. 612Committee on Commerce
CHAPTER 394
AN ACT relating to the real estate commission; authorizing the appointment of certain broker-salesmen to the commission; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645.090 is hereby amended to read as follows:
645.090 Each member of the commission must:
1. Be a citizen of the United States.
2. Have been a resident of the State of Nevada for not less than 5 years.
3. Have been actively engaged in business as [a] :
(a) A real estate broker within the State of Nevada for [a period of] at least 3 years [next] immediately preceding the date of his appointment [.] ; or
(b) A real estate broker-salesman within the State of Nevada for at least 5 years immediately preceding the date of his appointment.
________
Assembly Bill No. 643Committee on Transportation
CHAPTER 395
AN ACT relating to traffic laws; permitting certain privately owned vehicles to be designated as emergency vehicles; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.789 is hereby amended to read as follows:
484.789 1. The department may issue permits for authorized emergency vehicles to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of violators of the law. The permits must not be issued to vehicles when there are available comparable services provided by agencies referred to in NRS 484.787.
κ1987 Statutes of Nevada, Page 913 (CHAPTER 395, AB 643)κ
2. The issuance of the permits to vehicles under this section must be limited to:
(a) Agencies designated in NRS 484.787;
(b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; [and]
(c) Ambulances designed and operated exclusively as such [.] ; and
(d) Supervisory vehicles which are:
(1) Marked and used to coordinate and direct the response of ambulances to emergencies;
(2) Privately owned by a person licensed to operate an ambulance; and
(3) Operated under contract with a local governmental agency and at the request of its law enforcement agency or fire department.
3. The following are not emergency vehicles and must not be permitted to operate as such:
(a) Tow cars;
(b) Vehicles used by public utilities;
(c) Vehicles used in merchant patrols;
(d) Vehicles used in private escort service;
(e) Privately owned vehicles of volunteer firemen;
(f) Privately owned vehicles of reserve members of a police department or a sheriffs office; and
(g) Vehicles of private detectives.
________
Assembly Bill No. 467Assemblymen Humke, Sader, Porter, Arberry, Garner, Brookman, Freeman, Haller, Kissam, Wendell Williams, Wisdom, Kerns, Carpenter, McGaughey and Nicholas
CHAPTER 396
AN ACT relating to medical care; authorizing a person to designate another person by a power of attorney to make decisions concerning health care for the person who executes the power if he becomes incapable of making the decisions himself; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as section 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:
1. Health care facility includes:
(a) Any medical facility; and
(b) Any facility for the dependent.
κ1987 Statutes of Nevada, Page 914 (CHAPTER 396, AB 467)κ
2. Power of attorney means a power of attorney for a disabled principal.
3. Principal means a natural person who has executed a power of attorney for a disabled principal.
4. Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 3. Any adult person may execute a power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning health care for the principal who executed the power of attorney if that principal becomes incapable of giving informed consent concerning such decisions.
Sec. 4. A principal may not name as attorney in fact in a power of attorney:
1. His provider of health care;
2. An employee of his provider of health care;
3. An operator of a health care facility; or
4. An employee of a health care facility.
Sec. 5. 1. The principals signature on the power of attorney must:
(a) Be acknowledged before a notary public; or
(b) Witnessed by two adult witnesses who know the principal personally.
2. Neither of the witnesses to a principals signature may be:
(a) A provider of health care;
(b) An employee of a provider of health care;
(c) An operator of a health care facility;
(d) An employee of a health care facility; or
(e) The attorney in fact.
3. At least one of the witnesses to a principals signature must be a person who is:
(a) Not related to the principal by blood, marriage or adoption; and
(b) To the best of the witnesses knowledge, not entitled to any part of the estate of the principal upon the death of the principal.
Sec. 6. 1. The attorney in fact may not consent to:
(a) Commitment or placement of the principal in a facility for treatment of mental illness;
(b) Convulsive treatment;
(c) Psychosurgery;
(d) Sterilization;
(e) Abortion; or
(f) Any other treatment to which the principal, in the power of attorney, states that the attorney in fact may not consent.
2. The attorney in fact must make decisions concerning the use or nonuse of life sustaining treatment which conform to the known desires of the principal. The principal may make these desires known in the power of attorney.
Sec. 7. 1. The principal may designate an alternate attorney in fact.
κ1987 Statutes of Nevada, Page 915 (CHAPTER 396, AB 467)κ
2. If a principal designates his spouse as the attorney in fact or as an alternate, that designation is automatically revoked if the principal and his spouse are divorced.
3. An execution of a power of attorney automatically revokes any previous power of attorney.
4. A power of attorney remains valid indefinitely unless:
(a) The principal designates a shorter period for which it is to remain valid; or
(b) It is revoked.
5. If a power of attorney expires while the principal is unable to make decisions concerning health care, the power of attorney remains valid until the principal is again able to make such decisions.
Sec. 8. The form of a power of attorney for a disabled principal must be substantially as follows:
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN, DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.
4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
κ1987 Statutes of Nevada, Page 916 (CHAPTER 396, AB 467)κ
HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.
6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.
7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.
8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.
9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
1. DESIGNATION OF HEALTH CARE AGENT. I, ........................................
......................................................................................................... (insert your name)
do hereby designate and appoint: Name:................................................................
Address:....................................................................................................................
Telephone Number:................................................................................................
as my attorney-in-fact to make health care decisions for me as authorized in this document.
(Insert the name and address of the person you wish to designate as your attorney-in-fact to make health care decisions for you. None of the following may be designated as your attorney-in-fact: (1) your treating provider of health care, (2) an employee of your treating provider of health care, (3) an operator of a health care facility, or (4) an employee of an operator of a health care facility.)
2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me.
κ1987 Statutes of Nevada, Page 917 (CHAPTER 396, AB 467)κ
for me. This power of attorney shall not be affected by my subsequent incapacity.
3. GENERAL STATEMENT OF AUTHORITY GRANTED.
In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the attorney-in-fact named above full power and authority to make health care decisions for me before, or after my death, including: consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.
4. SPECIAL PROVISIONS AND LIMITATIONS.
(Your attorney-in-fact is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion. If there are any other types of treatment or placement that you do not want your attorney-in-facts authority to give consent for or other restrictions you wish to place on his or her attorney-in-facts authority, you should list them in the space below. If you do not write any limitations, your attorney-in-fact will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)
In exercising the authority under this durable power of attorney for health care, the authority of my attorney-in-fact is subject to the following special provisions and limitations:
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
5. DURATION.
I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my attorney-in-fact will continue to exist until the time when I become able to make health care decisions for myself.
(IF APPLICABLE)
I wish to have this power of attorney end of the following date:......
6. STATEMENT OF DESIRES.
(With respect to decisions to withhold or withdraw life-sustaining treatment, your attorney-in-fact must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your attorney-in-fact has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests.
κ1987 Statutes of Nevada, Page 918 (CHAPTER 396, AB 467)κ
interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)
(If the statement
reflects your desires,
initial the box next to
the statement.)
1. I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long term survival, or the cost of the procedures............... [ ]
2. If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.610 et seq. if this subparagraph is initialed. [................. ]
3. If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.610 et seq. if this subparagraph is initialed.). [ ]
4. I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My attorney-in-fact is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life. [................. ]
(If you wish to change your answer, you may do so by drawing an X through the answer you do not want, and circling the answer you prefer.)
Other or Additional Statements of Desires: ......................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
7. DESIGNATION OF ALTERNATE ATTORNEY-IN-FACT.
(You are not required to designate any alternative attorney-in-fact but you may do so. Any alternative attorney-in-fact you designate will be able to make the same health care decisions as the attorney-in-fact designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your attorney-in-fact.
κ1987 Statutes of Nevada, Page 919 (CHAPTER 396, AB 467)κ
designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your attorney-in-fact. Also, if the attorney-in-fact designated in paragraph 1 is your spouse, his or her designation as your attorney-in-fact is automatically revoked by law if your marriage is dissolved.)
If the person designated in paragraph 1 as my attorney-in-fact is unable to make health care decisions for me, then I designate the following persons to serve as my attorney-in-fact to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:
A. First Alternative Attorney-in-fact
Name:...............................................................................................................
Address:...........................................................................................................
..........................................................................................................
Telephone Number:.......................................................................................
B. Second Alternative Attorney-in-fact
Name:...............................................................................................................
Address:...........................................................................................................
..........................................................................................................
Telephone Number:.......................................................................................
8. PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.
(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)
I sign my name to this Durable Power of Attorney for Health care on .................... (date) at .................... (city), .................... (state)
.......................................................
(Signature)
(THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
(You may use acknowledgement before a notary public instead of the statement of witnesses.)
State of Nevada }
} ss.
County of .................................... }
On this ............... day of ..............., in the year ..., before me, .......................................
κ1987 Statutes of Nevada, Page 920 (CHAPTER 396, AB 467)κ
....................................... (here insert name of notary public) personally appeared ................................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.
NOTARY SEAL ...............................................................
(Signature of Notary Public)
STATEMENT OF WITNESSES
(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the attorney-in-fact, (2) a provider of health care, (3) an employee of a provider of health care, (4) the operator of health care facility, (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)
I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney-in-fact by this document, and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility, nor an employee of an operator of a health care facility.
Signature: ................................................... Residence Address:................................
Print Name: ................................................ ...................................................................
Date: ............................................................ ...................................................................
Signature: ................................................... Residence Address:................................
Print Name: ................................................ ...................................................................
Date: ............................................................ ...................................................................
(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)
I declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.
κ1987 Statutes of Nevada, Page 921 (CHAPTER 396, AB 467)κ
entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.
Signature: ...........................................................................
Signature: ...........................................................................
-----------------------------------------------------------------------------------------------------------------
Names: ......................................................... Address:...................................................
Print Name: ................................................ ...................................................................
Date: ............................................................ ...................................................................
COPIES: You should retain an executed copy of this document and give one to your attorney-in-fact. The power of attorney should be available so a copy may be given to your providers of health care.
________
Assembly Bill No. 320Committee on Labor and Management
CHAPTER 397
AN ACT relating to industrial insurance; including medical benefits within the definition of accident benefits; clarifying the minimum period of incapacity required for benefits; equalizing the deemed wage of volunteers at all facilities of the mental hygiene and mental retardation division of the department of human resources; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.025 is hereby amended to read as follows:
616.025 Accident benefits [shall be construed to mean] means medical, surgical, hospital [,] or other [treatment,] treatments, nursing, medicine, medical and surgical supplies, crutches and [apparatus,] apparatuses, including artificial members. The term includes medical benefits as defined by NRS 617.130.
Sec. 2. NRS 616.084 is hereby amended to read as follows:
616.084 Volunteer workers at [the Nevada mental health institute,] a facility for inpatients of the mental hygiene and mental retardation division of the department of human resources, while acting under the direction or authorization of the supervisor of volunteer services of [the mental health institute,] such a facility, shall be deemed, for the purpose of this chapter, employees of [the Nevada mental health institute in the mental hygiene and mental retardation division of the department of human resources,] the facility, receiving a wage of $350 per month, and [shall be] are entitled to the benefits of this chapter upon compliance therewith by the [Nevada mental health institute.] facility.
κ1987 Statutes of Nevada, Page 922 (CHAPTER 397, AB 320)κ
Sec. 3. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of [each month,] the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the [month,] period, plus the amount of tips reported to him by every employee who has elected to report his tips and whose tips in cash totaled $20 or more for the [month;] period; and
(b) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.
3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.
5. If an audit of the accounts or actual payroll of an employer shows the actual premium earned exceeds the estimated advance premium paid, the manager may require the payment of a sum sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for a failure on the part of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
Sec. 4. NRS 616.570 is hereby amended to read as follows:
616.570 1. [No temporary] Temporary compensation benefits [shall] must not be paid under this chapter for an injury which does not incapacitate the employee for [a period of] at least 5 consecutive days , or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for [a period of] 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation [shall] must then be computed from the date of the injury.
κ1987 Statutes of Nevada, Page 923 (CHAPTER 397, AB 320)κ
2. The period [of time] prescribed in this section [shall] does not apply to accident benefits, whether [the same be] they are furnished pursuant to NRS 616.410 or [pursuant to NRS] 616.415, if the injured employee [being otherwise within] is otherwise covered by the provisions of this chapter and entitled [thereto.] to those benefits.
Sec. 5. NRS 617.030 is hereby amended to read as follows:
617.030 Casual refers only to employments where the work contemplated is to be completed in [not more than] 20 working days [,] or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of [such] the work is less than $500.
Sec. 6. NRS 617.050 is hereby amended to read as follows:
617.050 Compensation means the money [allowance] which is payable to an employee or to his dependents as provided for in this chapter, and includes [funeral benefits and] benefits for funerals, medical benefits [.] and money for rehabilitative services.
Sec. 7. NRS 617.420 is hereby amended to read as follows:
617.420 No compensation [shall] may be paid under this chapter for disability which does not incapacitate the employee for [a period of] at least 5 cumulative days within a 20-day period from earning full wages, but if the incapacity extends for [a period of] 5 or more days [, such compensation shall] within a 20-day period, the compensation must then be computed from the date of disability . [; except that the] The limitations in this section [shall] do not apply to medical benefits , which [shall] must be paid from the date of application for payment of medical benefits.
________
Assembly Bill No. 143Committee on Ways and Means
CHAPTER 398
AN ACT making an appropriation to the Department of Prisons for the installation of microwave communication systems equipment; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $179,300 for the installation of microwave communication systems equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1987 Statutes of Nevada, Page 924 (CHAPTER 398, AB 143)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 244Committee on Ways and Means
CHAPTER 399
AN ACT making an appropriation to the contingency fund to restore and increase the balance; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $6,755,351 for the following:
1. To restore the balance of the fund to $6,000,000, the sum of $4,755,351; and
2. To increase the balance of the fund to $8,000,000, the sum of $2,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 187Committee on Ways and Means
CHAPTER 400
AN ACT making a supplemental appropriation to the Department of Prisons; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $3,080 for reimbursement of moving expenses for Ron Angelone and Harol Whitley. This appropriation is supplemental to that made by section 33 of chapter 525, Statutes of Nevada 1985, at page 1588.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 925κ
Assembly Bill No. 510Committee on Ways and Means
CHAPTER 401
AN ACT relating to motor vehicles; increasing a certain additional fee for registration; authorizing for a limited period the use of a portion of the fee to purchase portable belt radios for personnel of the Nevada highway patrol; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $15.
2. For every motorcycle, a registration fee of $15.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. For every motor vehicle there is an additional fee of [$4] $5 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
5. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
6. For every travel trailer, a registration fee of $15.
Sec. 2. Notwithstanding the provisions of NRS 482.480, for the fiscal years 1987-1988 and 1988-1989, a portion of each fee collected pursuant to subsection 4 of NRS 482.480, as specified in the budget of the highway patrol special fund, may be used to purchase not more than 246 portable belt radios for personnel of the Nevada highway patrol. The remainder of the fee must be deposited with the state treasurer to the credit of the highway patrol special fund and used for the purposes specified in NRS 481.145.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 926κ
Assembly Bill No. 517Assemblymen Humke, Sedway, Arberry, Spinello, Marvel and Tebbs
CHAPTER 402
AN ACT relating to the state public works board; allowing the board to delegate its authority to another state agency concerning property of that agency; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon the request of the head of a state agency, the board may delegate to that agency any of the authority granted the board pursuant to NRS 341.141 to 341.148, inclusive.
2. This section does not limit any of the authority of the legislature when the legislature is in regular or special session or the interim finance committee when the legislature is not in regular or special session to consult with the board concerning a construction project or to approve the advance planning of a project.
Sec. 2. NRS 341.141 is hereby amended to read as follows:
341.141 1. The board shall furnish engineering and architectural services to the University of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or [the money] for which the money is appropriated by the legislature, except:
(a) Buildings used in maintaining highways; [and]
(b) Improvements, other than buildings, made in state parks by the state department of conservation and natural resources [.] ; and
(c) Buildings on property controlled by other state agencies if the board has delegated its authority in accordance with section 1 of this act.
The board of regents of the University of Nevada and all other state departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
________
κ1987 Statutes of Nevada, Page 927κ
Assembly Bill No. 578Committee on Ways and Means
CHAPTER 403
AN ACT relating to the Tahoe Regional Planning Agency; changing the distribution of money appropriated for the agency in 1985; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 567, Statutes of Nevada 1985, at page 1733, is hereby amended to read as follows:
Section 1. There is hereby appropriated from the state general fund to the Tahoe Regional Planning Agency the sum of $556,664 to be used as follows:
For the evaluation of individual lots................................. $256,667
For the legal expenses of the agency [216,666].............. 184,966
For various studies and a program to inform the public......................................................................... [83,331].......................................................................... 30,031
For general operating expenses.......................................... 85,000
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 737Committee on Ways and Means
CHAPTER 404
AN ACT relating to state financial administration; delaying the reversion of money appropriated to the bureau of vocational rehabilitation of the rehabilitation division of the department of human resources for the acquisition of a system of data processing; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 308, Statutes of Nevada 1985, at page 921, is hereby amended to read as follows:
Sec. 2. Any remaining balances of the appropriations made by :
1. Subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 1988; and
2. Subsections 2 and 3 of section 1 of this act must not be committed for expenditure after June 30, 1987,
and revert to the state general fund as soon as all payments of money committed have been made.
κ1987 Statutes of Nevada, Page 928 (CHAPTER 404, AB 737)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 750Committee on Judiciary
CHAPTER 405
AN ACT relating to insolvent insurers; expanding the provision governing the stay of proceedings involving an insolvent insurer to include proceedings in which the insurer is obligated to defend another party; reducing the period of the stay; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687A.160 is hereby amended to read as follows:
687A.160 1. [All] Upon the application of the association or insured and upon cause shown, all proceedings in which the insolvent insurer is a party , or is obligated to defend a party, in any court in this state [shall] must be stayed for [6] 3 months and any time thereafter ordered by the court [from] after the date the insolvency is determined to permit proper defense by the association of all pending causes of action. Cause may be established by affidavit showing the unavailability of the insolvent insurers files or records which are reasonably necessary for the association to confirm coverage and adjust the claim.
2. If an insolvent insurer has failed to defend an insured in any action, the association may apply on its own behalf or on behalf of the insured to have any judgment or order in the action set aside and the association may defend against the action on its merits.
________
Assembly Bill No. 780Committee on Judiciary
CHAPTER 406
AN ACT relating to witnesses; precluding a witness from being declared incompetent to testify solely by reason of medical or psychological care or counseling received by him or a member of his family; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
κ1987 Statutes of Nevada, Page 929 (CHAPTER 406, AB 780)κ
1. A person is not incompetent to be a witness solely by reason of the fact that he or a member of his family has received medical, psychiatric, or psychological care or counseling in connection with the act or event giving rise to the proceeding.
2. Evidence relating to such care or counseling is not inadmissible by reason of this section, if otherwise admissible under the provisions of this Title.
________
Assembly Bill No. 823Committee on Taxation
CHAPTER 407
AN ACT relating to Elko County; authorizing an increase in the limit on revenue that the county may receive from taxes ad valorem to allow for the operation of a jail; excluding the increase from the calculation of the distribution of the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The board of county commissioners of Elko County may add an amount determined by the board, not to exceed the following amounts, to the amount of revenue from taxes ad valorem otherwise allowable to Elko County pursuant to NRS 354.58905, 354.59811 and 354.59816, for the cost of the operation of a jail for Elko County:
For the fiscal year 1987-88.................................................... $200,000
For each fiscal year after fiscal year 1987-88...................... 250,000
2. The amounts received from increases in taxes ad valorem that are authorized by subsection 1 must not be included in the determination of maximum allowable combined revenue for the purpose of distribution of the supplemental city-county relief tax.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 930κ
Senate Bill No. 248Committee on Judiciary
CHAPTER 408
AN ACT relating to mobile home parks; requiring a landlord to give notice to an association of tenants of his listing of the park for sale; requiring a landlord to pay the cost of moving a tenants mobile home if the park is closed; increasing the period of time for a tenant to move his mobile home if the park is converted to another use; requiring a landlord to file a report with the appropriate planning agency concerning a proposed closure or conversion of a park; and providing other matters properly relating thereto.
[Approved June 11, 1987]
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, 3 and 4 of this act.
Sec. 2. 1. Any landlord who lists a mobile home park or any part of a mobile home park for sale with a licensed real estate broker shall not less than 10 days nor more than 30 days before listing the park for sale, mail written notice of that listing to any association of tenants of the park that requested the notice. A landlord is not required to provide notice of a listing for sale that is not initiated by the owner of the park or his authorized agent.
2. In order to receive the notice required by subsection 1, an association of tenants of a mobile home park shall:
(a) Submit to the landlord a written request for that notice; and
(b) Furnish the landlord with a written list of the names and addresses of three members of the association; and
(c) Give written notice to the landlord that the tenants of the park are interested in buying the park and renew that notice at least once each year after the initial notice.
Sec. 3. A landlord may convert an existing mobile home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
1. The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
2. The landlord pays the cost of moving the tenants mobile home and its appurtenances to a new location within 20 miles from the mobile home park, including fees for inspection and the cost of taking down, moving, setting up and leveling his mobile home and its appurtenances in the new lot or park; and
3. After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his mobile home from the lot.
κ1987 Statutes of Nevada, Page 931 (CHAPTER 408, SB 248)κ
Sec. 4. If a landlord closes a mobile home park he shall pay the cost of moving each tenants mobile home and its appurtenances to a new location within 20 miles from the mobile home park, including fees for inspection and the cost of taking down, moving, setting up and leveling the mobile home and its appurtenances in the new lot or park. Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his mobile home from the lot.
Sec. 5. NRS 118B.017 is hereby amended to read as follows:
118B.017 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] :
1. More than half of the lots are rented overnight or for less than 3 months for recreational vehicles.
2. Mobile homes are used occasionally for recreational purposes and not as permanent residences.
Sec. 6. NRS 118B.020 is hereby amended to read as follows:
118B.020 The provisions of this chapter do not apply to:
1. Mobile home parks operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).
2. Any lot in a mobile home park which is rented or held out for rent overnight or for less than 3 months.
3. Any recreational vehicle located on a lot described in subsection 2.
4. Any lot in a mobile home park or mobile home on such a lot which is used occasionally for recreational purposes and not as a permanent residence.
Sec. 7. NRS 118B.180 is hereby amended to read as follows:
118B.180 1. A landlord may convert an existing mobile home park into individual mobile home lots for sale to mobile home owners [or to any other use of the land] if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;
(c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;
(d) The landlord pays the cost of moving the tenants mobile home and its appurtenances to a new location [no more than 10 miles distant,] within 20 miles from the mobile home park, including fees for inspection and the cost of taking down, moving , [and] setting up and leveling his mobile home and its appurtenances in the new lot or park; and
κ1987 Statutes of Nevada, Page 932 (CHAPTER 408, SB 248)κ
(e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least [90] 180 days after the date of the notice, before he is required to move his mobile home from the lot.
2. Upon the sale of a mobile home lot and a mobile home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the mobile home lot and what portion is for the mobile home.
Sec. 8. NRS 118B.210 is hereby amended to read as follows:
118B.210 The landlord shall not terminate a tenancy, refuse to renew a tenancy, willfully harass a tenant, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:
1. He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.
2. He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, [and NRS 118B.240.] 118B.240 and sections 2, 3 and 4 of this act.
3. He has organized or become a member of a tenants league or similar organization.
4. He has requested the reduction in rent required by NRS 118.165 as a result of a reduction in property taxes.
5. A citation has been issued to the landlord as the result of a complaint of the tenant.
6. In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.
Sec. 9. NRS Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a mobile home park is closed or converted to any other use, the person proposing the closure or conversion shall file with the appropriate planning commission or governing body a report containing information concerning the closure or conversion of the park. The report must address the availability of comparable parks in the area and the cost of relocating a mobile home to another park.
2. The planning commission or governing body shall make the report available for review by the general public.
Sec. 10. NRS 278.010 is hereby amended to read as follows:
278.010 For the purpose of NRS 278.010 to 278.630, inclusive [:] , and section 9 of this act:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
κ1987 Statutes of Nevada, Page 933 (CHAPTER 408, SB 248)κ
3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
4. Commission means the planning commission of the city, the county or the region, as established by ordinance.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and section 9 of this act, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and section 9 of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereto.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivider means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
Sec. 11. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits or other special exceptions by the board of adjustment or the planning commission. The governing body may impose this duty entirely on the board of adjustment or the planning commission, respectively, or provide for the granting of enumerated categories of variances, special use permits or special exceptions by the board or commission.
κ1987 Statutes of Nevada, Page 934 (CHAPTER 408, SB 248)κ
categories of variances, special use permits or special exceptions by the board or commission.
2. A hearing to consider an application for the granting of a variance, special use permit or special exception must be held before the board or commission within 65 days after the filing of the application. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to [the applicant, to each] :
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question [, and to any] ;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
3. Any such ordinance must provide an opportunity for the applicant or a protestant to appeal from a decision of the board or commission to the governing body.
________
Assembly Bill No. 298Committee on Judiciary
CHAPTER 409
AN ACT relating to mobile home parks; requiring the public service commission of Nevada to check and compel compliance with statutes relating to the provision of utilities; requiring the submission of certain reports by landlords; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
Each owner of a mobile home park shall submit an annual report to the commission. The report must contain detailed information on the collections and expenditures of the owners account for service charges for utilities, information necessary to determine compliance with NRS 704.940, details of any changes in ownership during the period covered by the report and such other information as the commission deems necessary to determine whether the owner has complied with the provisions of this chapter which apply to mobile home parks. The commission shall by regulation provide for the annual filing of the reports.
Sec. 2. NRS 704.910 is hereby amended to read as follows:
704.910 1. The provisions of NRS 704.910 to 704.950, inclusive, and section 1 of this act, apply to mobile home parks governed by the provisions of chapters 118B and 461A of NRS , [and to] public and municipal utilities which provide service to those parks [.]
κ1987 Statutes of Nevada, Page 935 (CHAPTER 409, AB 298)κ
of chapters 118B and 461A of NRS , [and to] public and municipal utilities which provide service to those parks [.] and landlords who operate those parks.
2. A utility which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in mobile homes or for the landlords residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility to its residential customers.
Sec. 3. NRS 704.940 is hereby amended to read as follows:
704.940 1. In a mobile home park where the landlord is billed by a serving utility and in turn charges the tenants for the [utility service,] service provided by the utility, and the park:
(a) Is equipped with individual meters for each lot, the landlord shall not charge a tenant for that service at a rate higher than the rate [the tenant would be charged if he were receiving service directly from the utility.] paid by the landlord.
(b) Is not equipped with individual meters for each lot, the landlord shall prorate the cost of the [utility] service equally among the tenants of the park who use the service, but the prorated charges must not exceed in the aggregate the cost of the [utility] service to the landlord.
2. The landlord may assess and collect a service charge for utilities from the tenants of the park, but the amount of the charge must not be more than the tenants would be required to pay the serving utility. The landlord shall [keep] :
(a) Keep the money from [such] the service charges in a separate account and [may] expend it only for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the commission [.] ; and
(b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the commission on or before January 15 of each year.
3. The landlord shall itemize all [utility] charges for utilities on all [rent bills.] bills for rent. He may pass through to the tenant any increase in a [utility] rate for a utility and shall pass through any decrease in a [utility] charge for a utility as it becomes effective.
4. The landlord shall retain for at least 3 years a copy of all billings for utilities made to his tenants and shall make these records available upon request to the commission for verification of [utility] charges made to tenants [.] for utilities.
5. A landlord whose interest in a mobile home park terminates for any reason shall transfer to his successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the commission.
6. The commission may at any time examine all books and records which relate to the landlords purchase of or billing for a service provided by a utility if he is charging the tenants of the mobile home park for that service.
κ1987 Statutes of Nevada, Page 936 (CHAPTER 409, AB 298)κ
Sec. 4. NRS 704.950 is hereby amended to read as follows:
704.950 1. The tenant of a lot in a mobile home park who believes that the landlord has violated the provisions of NRS 704.930 or 704.940 or section 1 of this act may complain to the division of consumer relations of the commission. The division shall receive and promptly investigate the complaint. If the division is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission.
2. The commission shall investigate, give notice and hold a hearing upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.
3. If the commission finds that the owner of the mobile home park has violated the provisions of NRS 704.930 or 704.940 [,] or section 1 of this act, it shall order the landlord to cease and desist from any further violation. If the violation involves an overcharge for [utility] a service, the commission shall determine the amount of the overcharge to the tenant and order the landlord to return that amount to the tenant within a specified time.
4. If the landlord fails or refuses to comply with its order, the commission may compel compliance by any appropriate civil remedy available to it under this chapter. For the purposes of compelling compliance by the landlord, the commission may use such methods as are available for the commission to compel the compliance of a public utility.
________
Senate Bill No. 181Senators Rhoads and Redelsperger
CHAPTER 410
AN ACT relating to gaming; revising the limitation on the amount of the fee for a license or the rate of the tax imposed by a local government; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.395 is hereby amended to read as follows:
463.395 1. The license fee or tax imposed by a local government for conducting, carrying on or operating any gambling game, slot machine or other game of chance must not exceed:
(a) The amount, if charged per person, establishment, game or machine; or
(b) The rate, if charged according to revenue,
which was in effect for that purpose on or before April 27, 1981.
2. If on that date the local government:
(a) Was in existence, had a population of less than [1,000] 2,000 and was not collecting or authorized by ordinance to collect such a fee or tax, the local government may impose such a fee or tax in an amount approved by the Nevada tax commission which is not greater than the largest fee or tax imposed by a local government of the same kind.
κ1987 Statutes of Nevada, Page 937 (CHAPTER 410, SB 181)κ
not collecting or authorized by ordinance to collect such a fee or tax, the local government may impose such a fee or tax in an amount approved by the Nevada tax commission which is not greater than the largest fee or tax imposed by a local government of the same kind. The fee or tax must not be increased.
(b) Was in existence, had a population of less than 2,000, and was authorized to collect but was not collecting such a fee or tax, the local government may impose such a fee or tax in an amount not greater than that authorized by ordinance.
(c) Was collecting a fee or tax which is afterward held to be invalid, the local government may impose a new fee or tax no greater in amount of estimated revenue to be derived than the fee or tax held invalid.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 771Committee on Ways and Means
CHAPTER 411
AN ACT relating to taxicabs; revising the provisions regarding allocation; removing the requirement for certain refunds; revising the fees payable by the holder of a certificate for an allocated taxicab; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.8824 is hereby amended to read as follows:
706.8824 1. In determining whether circumstances require establishment of a system of allocations or a change in existing allocations, the taxicab authority shall consider:
(a) The needs of residents of the area served by the certificate holders;
(b) The needs of the tourists of the area served by the certificate holders;
(c) The interests, welfare, convenience, necessity and well-being of the public at large in the area served by the certificate holders; and
(d) Any other factors which the administrator considers necessary and proper.
2. Whenever circumstances require the establishment of a system of allocations, the taxicab authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the taxicab authority in the county.
3. Whenever circumstances require an increase in the existing allocations, the taxicab authority shall allocate the additional taxicabs equally among all the certificate holders [in the county.]
κ1987 Statutes of Nevada, Page 938 (CHAPTER 411, AB 771)κ
equally among all the certificate holders [in the county.] who apply from the area to be affected by the allocation.
Sec. 2. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.
2. The interest and income earned on the money in the [taxicab authority] fund, after deducting any applicable charges, must be credited to the fund.
3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated [for the purpose of defraying] to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
4. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby appropriated [for the purpose of defraying] to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.
5. Any balance remaining in the fund does not revert to the state general fund. [Any balance over $100,000 remaining in the fund which is attributable to a county must be used to refund certificate holders of the county a pro rata portion of the $100 paid pursuant to NRS 706.8826, not to exceed $95. If after refunding the maximum amount allowed a balance over $100,000 still remains, the] The administrator may use [that balance and] any balance over $100,000 and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly in taxicabs.
6. The administrator may establish [a petty cash account] an account for petty cash not to exceed $1,000 for the support of undercover investigation and , if the account is created , the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.
Sec. 3. NRS 706.8826 is hereby amended to read as follows:
706.8826 1. The board of county commissioners of any county in which there is in effect [a taxicab allocation order of] an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit with the state treasurer to the credit of the taxicab authority fund all of the tax revenue which is received from the taxicab [industry] business operating in [such] the county and city, respectively.
2. For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.
κ1987 Statutes of Nevada, Page 939 (CHAPTER 411, AB 771)κ
3. Any certificate holder who is subject to an [allocation] order of allocation by the taxicab authority shall pay to the taxicab authority $100 per year for each taxicab that the taxicab authority has allocated to the certificate holder and [10] 15 cents per trip for each compensable trip of each such taxicab, which may be added to the meter charge. The money so received by the taxicab authority must be paid to the state treasurer for deposit in the state treasury to the credit of the taxicab authority fund.
________
Senate Bill No. 101Committee on Judiciary
CHAPTER 412
AN ACT making an appropriation to the welfare division of the department of human resources for a program to provide emergency services to persons who are temporarily unable to care for their children; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the welfare division of the department of human resources for a program to provide emergency services to pay the costs of food, medical care, shelter and transportation for persons who are temporarily unable to care for their children and to prevent thereby the separation of those children from their families:
For the fiscal year 1987-88........................................................................ $10,000
For the fiscal year 1988-89........................................................................ 10,000
Sec. 2. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
κ1987 Statutes of Nevada, Page 940κ
Senate Bill No. 45Committee on Judiciary
CHAPTER 413
AN ACT relating to interest; revising the rate of interest to be paid on certain judgments and liens and in certain cases involving unlawful employment practices; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 17.130 is hereby amended to read as follows:
17.130 1. In all judgments and decrees, rendered by any court of justice, for any debt, damages or costs, and in all executions issued thereon, the amount must be computed, as near as may be, in dollars and cents, rejecting smaller fractions, and no judgment, or other proceedings, may be considered erroneous for that omission.
2. When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment draws interest [at the rate of 12 percent per annum] from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest [at that rate] only from the time of the entry of the judgment until satisfied [.] , at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
Sec. 2. NRS 37.175 is hereby amended to read as follows:
37.175 1. The plaintiff shall pay interest on the final judgment at [the rate of 12 percent per annum,] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
2. The interest runs from the date of entry of judgment or, if the plaintiff has occupied the property of the defendant pursuant to the provisions of NRS 37.100, from the date fixed by order on which the plaintiff was entitled to occupancy, until the final judgment is satisfied.
Sec. 3. NRS 99.040 is hereby amended to read as follows:
99.040 When there is no express contract in writing fixing a different rate of interest, interest must be allowed at [the rate of 12 percent per annum] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases:
κ1987 Statutes of Nevada, Page 941 (CHAPTER 413, SB 45)κ
1. Upon contracts, express or implied, other than book accounts.
2. Upon the settlement of book or store accounts from the day on which the balance is ascertained.
3. Upon money received to the use and benefit of another and detained without his consent.
4. Upon wages or salary, if it is unpaid when due, after demand therefor has been made.
The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied. The provisions of this section do not apply to money owned for the construction or remodeling of a building pursuant to NRS 624.325.
Sec. 4. NRS 108.237 is hereby amended to read as follows:
108.237 1. Any number of persons claiming liens may join in the same action. When separate actions are commenced the court may consolidate them.
2. The court may also allow interest at [the rate of 12 percent per annum] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent, on the amount of the lien found payable . [, such interest to accrue and be] The interest is payable from the date that the payment is found to have been due, and the court may allow, as part of the costs, the money paid for recording the lien. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the amount of the lien is paid.
3. The court shall also allow to the prevailing party reasonable attorneys fees for the preparation of the lien and for representation of the lien claimant in the action.
Sec. 5. NRS 147.220 is hereby amended to read as follows:
147.220 All claims paid bear interest from date of filing at [the rate of 12 percent per annum] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of filing, plus 2 percent, unless a different rate is applicable by contract or otherwise. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the amount of the lien is paid.
Sec. 6. NRS 233.170 is hereby amended to read as follows:
233.170 1. When a complaint is filed whose allegations if true would support a finding of unlawful practice, the commission shall hold an informal meeting to attempt a settlement of the dispute. To prepare for the informal meeting, the executive director may request from each party any information which is reasonably relevant to the complaint. No further action may be taken if the parties agree to a settlement.
2. If an agreement is not reached, the executive director of the commission shall conduct an investigation into the alleged unlawful practice.
κ1987 Statutes of Nevada, Page 942 (CHAPTER 413, SB 45)κ
After the investigation, if the executive director determines that an unlawful practice has occurred, he shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice. If an agreement is reached, no further action may be taken by the complainant or by the commission.
3. If the attempts at mediation or conciliation fail, the commission may hold a public hearing on the matter. After the hearing, if the commission determines that an unlawful practice has occurred, it may:
(a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice.
(2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including but not limited to rehiring, back pay for a period not to exceed 2 years after the date of the most recent unlawful practice, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon [at the rate of 12 percent per annum] from the date of the commissions decision [.] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the commissions decision, plus 2 percent. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
4. The order of the commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the commissions order, the commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the commissions findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the commissions order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.
5. After the commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.
Sec. 7. NRS 645.847 is hereby amended to read as follows:
645.847 If the administrator pays from the fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensee, his license issued pursuant to chapter 119 of NRS and this chapter must be automatically suspended upon the effective date of an order by the court authorizing payment from the fund. The license of the broker, broker-salesman or salesman may not be reinstated and no other license may be granted to him pursuant to this chapter until he has repaid in full, plus interest at [the rate of 12 percent per annum,] a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent, the amount paid from the fund on his account.
κ1987 Statutes of Nevada, Page 943 (CHAPTER 413, SB 45)κ
at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent, the amount paid from the fund on his account. Interest is computed from the date payment from the fund was made by the administrator [.] and the rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
Sec. 8. The provisions of this act apply only to causes of action which arise on or after July 1, 1987.
________
Assembly Bill No. 812Committee on Government Affairs
CHAPTER 414
AN ACT relating to counties; revising the provisions governing the reorganization of county fair and recreation boards in certain counties; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.605 is hereby amended to read as follows:
244A.605 1. Whenever a vacancy occurs among the members of any county fair and recreation board by reason of resignation, death, expiration of a members elected term of office, an increase in population, or otherwise, the vacancy [shall] must be filled by the board of county commissioners, in case of county members, and by the chief executive with the approval of the legislative body of the city, in case of city members.
2. [During January of 1959, and] Except as otherwise provided in subsection 3, during January of each odd-numbered year , [thereafter,] each county fair and recreation board in this state shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611 . [, who shall]
3. During July of each even-numbered year, each county fair and recreation board in any county whose population is 100,000 or more, but less than 250,000, shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.
4. The officers elected pursuant to subsections 2 and 3 hold office for the ensuing biennium, or until their successors are elected and qualified. Any vacancy among such officers occurring between biennial elections [shall] must be filled by the county fair and recreation board to serve out the unexpired term of his predecessor.
Sec. 2. An officer of a county fair and recreation board in any county whose population is 100,000 or more, but less than 250,000, who was elected to that office in January of 1987 holds office until his successor is elected and qualified in July of 1988.
κ1987 Statutes of Nevada, Page 944 (CHAPTER 414, AB 812)κ
elected to that office in January of 1987 holds office until his successor is elected and qualified in July of 1988.
________
Senate Bill No. 555Committee on Commerce and Labor
CHAPTER 415
AN ACT relating to industrial insurance; requiring the payment from the subsequent injury fund of all of a claim for additional compensation; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.427 is hereby amended to read as follows:
616.427 Except as otherwise provided in section 1 of [this act:] Assembly Bill No. 488 of this session:
1. If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be [fairly allocated between the insurer and] charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be [fairly allocated between the insurer and] charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
3. As used in this section permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, no condition may be considered a permanent physical impairment unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1987.
4. In order to qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
κ1987 Statutes of Nevada, Page 945 (CHAPTER 415, SB 555)κ
time that the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. An insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.
6. The director shall by regulation establish a procedure by which claims against the subsequent injury fund may be submitted and decisions made.
7. An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 584Select Committee on Corrections
CHAPTER 416
AN ACT relating to parole; revising certain provisions relating to the release of prisoners on parole; requiring intensive mandatory supervision of certain prisoners released on parole; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsections 3, 4 and 5 and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:
(a) Has not been released on parole previously for that sentence; and
(b) Is not otherwise ineligible for parole,
he must be released on parole 9 months before the end of his term, as reduced by any credits he has earned against his sentence. The board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his release.
2. Each parolee so released must be supervised closely by the department, in accordance with the plan for supervision developed by the executive officer pursuant to section 3 of this act.
3. If the board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1, that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the board may require the prisoner to serve the balance of his sentence and not grant the parole provided for in subsection 1.
4. If the prisoner is the subject of a lawful request from another law enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.
κ1987 Statutes of Nevada, Page 946 (CHAPTER 416, AB 584)κ
enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.
5. If the department has not completed its establishment of a program for the prisoners activities during his parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoners program is established.
6. For the purposes of this section, the determination of the 9-month period before the end of a prisoners term must be calculated without consideration of any credits he may have earned against his sentence had he not been paroled.
Sec. 3. The executive officer shall develop a statewide plan for the strict supervision of parolees released pursuant to section 2 of this act. In addition to such other provisions as the executive officer deems appropriate, the plan must provide for the supervision of such parolees by assistant parole and probation officers whose caseload allows for enhanced supervision of the parolees under their charge unless, because of the remoteness of the community to which the parolee is released, enhanced supervision is impractical.
Sec. 4. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive [:] , and section 2 of this act:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer.
Sec. 5. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in subsections 2 and 3 [,] and section 2 of this act, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive. In determining whether to release a prisoner on parole, the board shall consider whether:
(a) There is a reasonable probability that the prisoner will live and remain at liberty without violating the laws; and
(b) The release is incompatible with the welfare of society.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court less any good time or other credits earned against the term.
3. [The] Except as otherwise provided in section 2 of this act, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:
κ1987 Statutes of Nevada, Page 947 (CHAPTER 416, AB 584)κ
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
4. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to section 2 of this act.
Sec. 6. NRS 213.1519 is hereby amended to read as follows:
213.1519 1. [Any] Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the board for a violation of any rule or regulation governing his conduct [shall:
(a) Forfeit] :
(a) Forfeits all credits for good behavior earned [prior to] before his parole; and
(b) [Serve] Must serve such part of the unexpired term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to section 2 of this act whose parole is revoked for a violation of any rule or regulation governing his conduct:
(a) Forfeits all credits for good behavior earned before his parole;
(b) Must serve the entire unexpired term of his original sentence; and
(c) May not again be released on parole during his term of imprisonment.
3. If a person, [subsequent to] after his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.
Sec. 7. NRS 213.160 is hereby amended to read as follows:
213.160 1. A prisoner who is paroled and leaves the state without permission from the board or who does not keep the board informed as to his location as required by the conditions of his parole shall be deemed an escaped prisoner and arrested as such.
2. [If] Except as otherwise provided in subsection 2 of NRS 213.1519, if his parole is lawfully revoked and he is thereafter returned to prison, he forfeits all previously earned credits for good behavior and shall serve such part of the unexpired term of his original sentence as may be determined by the board.
3. [The] Except as otherwise provided in subsection 2 of NRS 213.1519, the board may restore any good behavior credits forfeited under subsection 2.
4. The time a person is an escaped prisoner is not time served on his term of imprisonment.
Sec. 8. The provisions of section 2 of this act apply to any prisoner whose term of imprisonment ends on or after March 31, 1988.
κ1987 Statutes of Nevada, Page 948 (CHAPTER 416, AB 584)κ
Sec. 9. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 695Committee on Commerce
CHAPTER 417
AN ACT relating to pharmacists; making various changes relating to pharmacists and drugs; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Hospital means any facility which is licensed by the department of human resources as a hospital and which provides care and treatment for human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this state or a political subdivision of this state.
Sec. 3. The board or any other person who initiates or assists in any lawful investigation or administrative proceeding concerning the discipline of a pharmacist is immune from any civil action for that initiation or assistance or any consequential damages, if the person acted without malicious intent.
Sec. 4. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 5. NRS 639.050 is hereby amended to read as follows:
639.050 1. The board shall hold a meeting at least once in every 6 months.
2. Three members of the board constitute a quorum.
3. Meetings of the board which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations are closed to the public.
4. Each 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) [Actual expenses] Expenses for subsistence and lodging, not to exceed the amount provided by law for state employees, and [actual] expenses for transportation while traveling on business of the board.
κ1987 Statutes of Nevada, Page 949 (CHAPTER 417, AB 695)κ
Sec. 6. NRS 639.2351 is hereby amended to read as follows:
639.2351 1. A registered nurse may prescribe, under protocol and only by written prescription, poisons, dangerous drugs and devices if he:
(a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
(b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board. The board may set a single fee for the collective certification of the nurses in the employ of a public or nonprofit agency and a different fee for the individual certification of other nurses.
2. The state board of pharmacy shall consider each application from a registered nurse separately, and may:
(a) Issue a certificate of registration ; [limiting:
(1) The authority of the registered nurse to prescribe poisons, dangerous drugs and devices;
(2) The area in which the registered nurse may perform the acts authorized by the certificate;
(3) The kind and amount of poisons, dangerous drugs and devices which the certificate permits the registered nurse to prescribe; and
(4) The practice of the registered nurse which involves prescribing poisons, dangerous drugs and devices in any manner which the board finds necessary to protect the health, safety and welfare of the public;] or
(b) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
3. As used in this section, protocol has the meaning ascribed to it in NRS 454.695.
Sec. 7. NRS 639.2445 is hereby amended to read as follows:
639.2445 1. Whenever the board believes that [any certificate] a holder of a certificate is or has become incompetent to practice pharmacy by reason of any physical or mental injury, illness or disability or by reason of chronic or excessive use of alcohol or drugs, the board may order that the [certificate] holder of the certificate submit to a physical or psychiatric examination, or both, at the expense of the board.
2. The board shall designate a physician or a psychiatrist or both, as the case may be, to conduct the examination or examinations of the [certificate] holder of the certificate and furnish the board and the [certificate] holder of the certificate with a report of the findings. If the [certificate] holder of the certificate is dissatisfied with the findings, he may obtain an independent examination and report at his own expense, not later than 10 days following receipt of the initial report.
3. Upon receipt of the findings the board shall conduct a hearing to determine whether the [certificate] holder of the certificate is competent to practice pharmacy. [If] Except as provided in subsection 4, if the board finds that [the certificate holder] he is not competent to practice pharmacy, it shall order an immediate suspension of [the certificate holders] his right to practice pharmacy, and the suspension [shall remain] remains in effect until the board determines that a certificate may be reinstated.
κ1987 Statutes of Nevada, Page 950 (CHAPTER 417, AB 695)κ
4. The board may place on probation a holder of a certificate who is not competent to practice pharmacy by reason of chronic or excessive use of alcohol or drugs if he voluntarily enters and completes a program of treatment approved by the board and complies with any other conditions imposed by the board.
Sec. 8. NRS 639.247 is hereby amended to read as follows:
639.247 1. Any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit must be conducted publicly by the board. The hearing must be presided over by a member of the board or his designee and three members constitute a quorum. Any decision by the board requires the concurrence of at least three members. The proceedings of the hearing must be reported or recorded by an electronic recording device, an official court reporter or [other] another qualified person.
2. The member of the board or his designee presiding at the hearing or the secretary may administer oaths or affirmations. Continuances and adjournments may be ordered, or may be granted, by the member or his designee presiding, for cause shown and by orally notifying those persons present of the time and place at which the hearing will be continued.
Sec. 9. NRS 453.085 is hereby amended to read as follows:
453.085 Hospital means any [institution, place, building or agency] facility which is licensed by the department as a hospital and which [operates facilities for the] provides care and treatment of human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this state [, any] or a political subdivision [or the Federal Government.] of this state.
Sec. 10. NRS 453.141 is hereby amended to read as follows:
453.141 Ultimate user means a person who lawfully possesses a controlled substance for his own use , [or for] the use of a member of his household or the use of any person for whom he is caring, or for administering to any animal owned by him or by a member of his household.
Sec. 11. NRS 453.251 is hereby amended to read as follows:
453.251 [Except as provided in NRS 453.740 to 453.810, inclusive, controlled] Controlled substances listed in schedules I and II may be distributed by a registrant or licensed pharmacy to another registrant or licensed pharmacy only pursuant to an order form and may be received by a registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
Sec. 12. NRS 453.331 is hereby amended to read as follows:
453.331 1. It is unlawful for any person knowingly or intentionally to:
(a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251 ; [or pursuant to the provisions of NRS 453.740 to 453.810, inclusive;]
(b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
κ1987 Statutes of Nevada, Page 951 (CHAPTER 417, AB 695)κ
(c) Assume falsely the title of or represent himself as a registrant or other person authorized to possess controlled substances;
(d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or alteration;
(e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.552, inclusive, or any record required to be kept by those sections;
(f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance;
(g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trade-mark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;
(h) Possess prescription blanks which have been signed before being filled out; or
(i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is required.
2. Any person who violates this section 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. 13. NRS 453.510 is hereby amended to read as follows:
453.510 1. A practitioner may purchase supplies of controlled substances from a pharmacy [if he presents] by:
(a) Making an oral order to the pharmacy or transmitting an oral order through his agent, except an order for a controlled substance in schedule II; or
(b) Presenting to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration [.] or transmitting such an order through his agent.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies of controlled substances to stock his ambulances or other authorized vehicles or replenish the stock if:
(a) The purchase order is countersigned by a physician; [and
(b) The] or
(b) An oral order, except an order for a controlled substance in schedule II, is made by the holder of the permit or transmitted by his agent,
and the intermediate emergency medical technician, the advanced emergency medical technician-ambulance or the registered nurse who is in charge of the controlled substances is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
κ1987 Statutes of Nevada, Page 952 (CHAPTER 417, AB 695)κ
3. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 14. Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:
Ultimate user means a person who lawfully possesses a dangerous drug for his own use, the use of a member of his household or the use of any person for whom he is caring, or for administering to any animal owned by him or by a member of his household.
Sec. 15. NRS 454.001 is hereby amended to read as follows:
454.001 As used in this chapter, the words and terms defined in NRS 454.002 to 454.0098, inclusive, and section 14 of this act, have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.
Sec. 16. NRS 454.007 is hereby amended to read as follows:
454.007 Hospital means any institution, place, building or agency which is licensed by the department of human resources as a hospital and which operates facilities for the care and treatment of human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this state [, any] or a political subdivision [or the Federal Government.] of this state.
Sec. 17. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing practitioner or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a practitioner.
3. A registered nurse licensed to practice professional nursing or a licensed practical nurse, in an institutional pharmacy, in multiple doses for administration in single doses to prisoners in that institution.
4. A physicians assistant at the direction of his supervising physician.
5. An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
6. A respiratory therapist, at the direction of a physician.
7. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
κ1987 Statutes of Nevada, Page 953 (CHAPTER 417, AB 695)κ
student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
8. A medical intern in the course of internship.
9. A person designated by the head of a correctional institution which does not contain an institutional pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
10. An ultimate user.
Sec. 18. NRS 454.279 is hereby amended to read as follows:
454.279 1. A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy [if he presents] by:
(a) Making an oral order or transmitting an oral order through his agent; or
(b) Presenting to the pharmacy a written order signed by him [.] or transmitting such an order through his agent.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies of dangerous drugs to stock his ambulances or other authorized vehicles or replenish the stock if:
(a) The purchase order is countersigned by a physician; [and
(b) The] or
(b) An oral order is made by the holder of the permit or transmitted through his agent,
and the intermediate emergency medical technician, the advanced emergency medical technical-ambulance or the registered nurse who is in charge of the dangerous drugs is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
3. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 19. NRS 453.740, 453.750, 453.760, 453.770, 453.780, 453.790, 453.800 and 453.810 are hereby repealed.
________
κ1987 Statutes of Nevada, Page 954κ
Assembly Bill No. 759Committee on Taxation
CHAPTER 418
AN ACT relating to taxation; imposing a penalty for the delinquent payment of property tax by a private car line; authorizing the department to waive the penalty; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3 and 4 and NRS 361.323, the [foregoing must be assessed as follows: The] Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit . [; and if] If the company is operating in more than one county, on establishing [such] the unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis . [, and the] The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
3. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced on or after January 1, 1982, and which are not yet put to use. This value must be assessed in the county where it is located, and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On all of it, at the rate levied for county purposes;
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city;
(d) On that fraction of it which the population of each unincorporated town, as determined by the county, is of the population of the entire county, at the rate levied for that town; and
κ1987 Statutes of Nevada, Page 955 (CHAPTER 418, AB 759)κ
(e) On that fraction of it which the local assessed value of that portion of each general improvement district located within the county is of the local assessed value of the entire county, at that portion of the rate levied for that district or county which is required to construct those improvements described in NRS 318.125, 318.135, 318.140 and 318.144, including debt service for such improvements. For the purposes of this paragraph, local assessed value means the assessed value on the roll of a general improvement district or county excluding that assigned by the Nevada tax commission according to this section and net proceeds of mines.
The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of this section, commencement of construction has the meaning ascribed to it in NRS 704.840.
4. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced before January 1, 1982, and which are not yet put to use. This valuation must be assessed in the county where it is located and must be taxed at the same rate as other property.
5. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
6. As used in this section the word company means any person, company, corporation or association engaged in the business described.
7. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
8. All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
9. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
κ1987 Statutes of Nevada, Page 956 (CHAPTER 418, AB 759)κ
10. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 2. Section 4 of chapter 245, Statutes of Nevada 1983, at page 551, is hereby amended to read as follows:
Sec. 4. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3, [and] 4 and 5 and section 1 of this act, the Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
3. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced on or after January 1, 1982, and which are not yet put to use.
κ1987 Statutes of Nevada, Page 957 (CHAPTER 418, AB 759)κ
the generation of electricity whose construction was commenced on or after January 1, 1982, and which are not yet put to use. This value must be assessed in the county where it is located, and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On all of it, at the rate levied for county purposes;
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city;
(d) On that fraction of it which the population of each unincorporated town, as determined by the county, is of the population of the entire county, at the rate levied for that town; and
(e) On that fraction of it which the local assessed value of that portion of each general improvement district located within the county is of the local assessed value of the entire county, at that portion of the rate levied for that district or county which is required to construct those improvements described in NRS 318.125, 318.135, 318.140 and 318.144, including debt service for such improvements. For the purposes of this paragraph, local assessed value means the assessed value on the roll of a general improvement district or county excluding that assigned by the Nevada tax commission according to this section and net proceeds of mines.
The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of the section, commencement of construction has the meaning ascribed to it in NRS 704.840.
4. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced before January 1, 1982, and which are not yet put to use. This valuation must be assessed in the county where it is located and must be taxed at the same rate as other property.
5. After establishing the valuation, as a collective unit, of each public utility which generates, transmits or distributes electricity in this state, the Nevada tax commission shall segregate the value of all projects for the generation of electricity whose construction was commenced on or after January 1, 1982, and allocate 10 percent of the valuation of each project to the county in which it is located and 90 percent of it among all the counties of this state in proportion to their respective populations. The valuation so allocated to each county must be assessed, and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On all of it, at the rate levied for county purposes;
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city;
κ1987 Statutes of Nevada, Page 958 (CHAPTER 418, AB 759)κ
(d) On that fraction of it which the population of each unincorporated town, as determined by the county, is of the population of the entire county, at the rate levied for that town; and
(e) On that fraction of it which the local assessed value of that portion of each general improvement district located within each county is of the local assessed value of the entire county, at that portion of the rate levied for that district or county which is required to construct those improvements described in NRS 318.125, 318.135, 318.140 and 318.144, including debt service for such improvements. For the purposes of this paragraph, local assessed value means the assessed value on the roll of a general improvement district, excluding that assigned by the Nevada tax commission according to this section and net proceeds of mines.
The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this allocation fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.
[5.] 6. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
[6.] 7. As used in this section the word company means any person, company, corporation or association engaged in the business described.
[7.] 8. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
[8.] 9. All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
[9.] 10. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
κ1987 Statutes of Nevada, Page 959 (CHAPTER 418, AB 759)κ
[10.] 11. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 540Committee on Government Affairs
CHAPTER 419
AN ACT relating to legislative audits; establishing a procedure to carry out recommendations of the legislative auditor for corrective action concerning the financial administration of state agencies; and providing other matters properly relating thereto.
[Approved June 11, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in NRS 218.740 to 218.893, inclusive, and section 3, 4 and 5 of this act, agency of the state includes all offices, departments, boards, commissions or institutions of the state, the judicial department of the state and the state industrial insurance system, but does not include the legislative branch of government.
Sec. 3. 1. The legislative commission shall notify an agency of the state of the commissions acceptance of a final written report of an audit by the legislative auditor that concerns the agency and contains any recommendations for corrective action. Within 60 days after the receipt of notification, if corrective action is recommended for:
κ1987 Statutes of Nevada, Page 960 (CHAPTER 419, AB 540)κ
(a) The judicial department of the state, the court administrator shall submit a plan for corrective action to the legislative auditor and a copy of the plan to the director of the department of administration.
(b) An elected officer of the state, the officer shall submit a plan for corrective action to the legislative auditor and a copy of the plan to the director of the department of administration.
(c) Any other agency of the state, the agency shall submit a plan for corrective action to the director of the department of administration and a copy of the plan to the legislative auditor. The agency shall commence corrective action pursuant to the plan immediately after its submission.
2. The legislative auditor shall notify the legislative commission of any failure to submit a plan pursuant to subsection 1.
Sec. 4. The director of the department of administration shall enforce the provisions of paragraph (c) of subsection 1 of section 3 of this act. The director may, if he determines that such an order is necessary and in the public interest, order the withholding of any portion of the money appropriated to an agency, including the salary of an officer of the agency in the unclassified service of the state, for the failure or refusal to submit or perform pursuant to a plan for corrective action. An order to withhold money must not be entered except upon a hearing following reasonable notice to an affected agency of the state. The director shall notify the interim finance committee and the state controller of the amount of money ordered to be withheld, and the state controller shall not allow or draw his warrant for that amount unless the order is canceled or withdrawn.
Sec. 5. 1. Each person who submits a plan pursuant to paragraph (a) or (b) of subsection 1 of section 3 of this act shall, within 6 months after submission of the plan, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
2. The director of the department of administration shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of section 3 of this act, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
3. The legislative auditor shall submit each report received pursuant to subsections 1 and 2 to the legislative commission and the interim finance committee. If the legislature is in session, the legislative auditor shall also submit the reports to each member of the assembly standing committee on ways and means and the senate standing committee on finance. The legislative commission may review the reports, conduct hearings to examine any justification for a failure to carry out the recommendations of the legislative auditor and report its findings to the legislature.