[Rev. 2/27/2019 1:56:50 PM]
κ1987 Statutes of Nevada, Page 961 (CHAPTER 419, AB 540)κ
Sec. 6. NRS 218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to [218.893,] 218.735, inclusive, agency of the state includes all offices, departments, boards, commissions or institutions of the state, and the state industrial insurance system.
Sec. 7. NRS 218.767 is hereby amended to read as follows:
218.767 The intent of NRS 218.740 to 218.893, inclusive, and sections 2 to 5, inclusive, of this act, is to provide for the impartial postauditing of each agency of the state to furnish the legislature with factual information necessary to the discharge of its constitutional duties and by which it may exercise its valid powers.
Sec. 8. The legislature intends the provisions of this act to be implemented with existing resources and appropriations.
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Senate Bill No. 456Committee on Commerce and Labor
CHAPTER 420
AN ACT relating to public utilities; requiring a public utility which supplies electricity to submit its plan to increase its supply of electricity or reduce demand every third year; 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 704.741 is hereby amended to read as follows:
704.741 1. A utility which supplies electricity in this state shall, on or before July 1 of every [even-numbered] third year, in the manner specified by the commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the commission.
2. The commission shall, by regulation, prescribe the contents of such a plan including, but not limited to, the methods or formulas which are used by the utility to:
(a) Forecast the future demands; and
(b) Determine the best combination of sources of supply to meet the demands or the best method to reduce them.
________
κ1987 Statutes of Nevada, Page 962κ
Assembly Bill No. 413Committee on Judiciary
CHAPTER 421
AN ACT relating to the abuse of alcohol and drugs; restricting eligibility for civil commitment of alcoholics and drug addicts convicted of crime; allowing the imposition of conditions to such commitment; establishing a minimum term for such commitment; requiring that a person electing such commitment be advised of the conditions and minimum term; 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 458.300 is hereby amended to read as follows:
458.300 Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect treatment under the supervision of a state-approved facility for the treatment of abuse of alcohol or drugs before he is sentenced unless:
1. The crime is a crime against the person punishable as a felony or gross misdemeanor as provided [for] in chapter 200 of NRS;
2. The crime is that of selling a controlled substance [as defined in] , trafficking of a controlled substance, possessing a controlled substance for the purpose of sale, or conspiracy to sell, traffic or possess for the purpose of sale a controlled substance in violation of chapter 453 of NRS;
3. The crime is that of driving under the influence of intoxicating liquor or while an habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in NRS 484.379, or such driving which causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;
4. The alcoholic or drug addict has a record of one or more convictions of a crime [of violence or of selling a controlled substance as defined in chapter 453 of NRS,] described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of two or more convictions of any felony;
5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment [on two prior occasions within any consecutive 2-year period.] within the preceding 5 years.
Sec. 2. NRS 458.310 is hereby amended to read as follows:
458.310 1. If the court has reason to believe that a person who has been convicted of a crime is an alcoholic or drug addict, or the person states that he is an alcoholic or drug addict, and the court finds that he is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not he should receive treatment under the supervision of a state-approved facility for the treatment of abuse of alcohol or drugs.
κ1987 Statutes of Nevada, Page 963 (CHAPTER 421, AB 413)κ
that he is an alcoholic or drug addict, and the court finds that he is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not he should receive treatment under the supervision of a state-approved facility for the treatment of abuse of alcohol or drugs. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.
2. At the hearing the court shall advise him that sentencing will be postponed if he elects to submit to treatment and is accepted for treatment by a state-approved facility. In offering the election, the court shall advise him that:
(a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;
(b) If he elects to submit to treatment and is accepted, he may be placed under the supervision of the facility for a period of not [to exceed] less than 1 year nor more than 3 years;
[(b)] (c) During treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised care in the community; and
[(c)] (d) If he satisfactorily completes treatment [,] and satisfies the conditions upon the election of treatment, as determined by the court, the conviction will be set aside, but if he does not satisfactorily complete the treatment [,] and satisfy the conditions, he may be sentenced and the sentence executed.
Sec. 3. NRS 458.320 is hereby amended to read as follows:
458.320 1. If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order an approved facility for the treatment of abuse of alcohol or drugs to conduct an examination of the person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The facility shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.
2. If the court, acting on the report or other relevant information, determines that the person is not an alcoholic or drug addict, [or that he] is not likely to be rehabilitated through treatment [,] or is otherwise not a good candidate for treatment, he may be sentenced and the sentence executed.
3. If the court determines that the person is an alcoholic or drug addict , [and] is likely to be rehabilitated through treatment [,] and is a good candidate for treatment, the court may [defer] :
(a) Impose any conditions to the election of treatment that could be imposed as conditions of probation;
(b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330 [, and place] ; and
(c) Place the person under the supervision of an approved facility for treatment for [a maximum of] not less than 1 year nor more than 3 years.
κ1987 Statutes of Nevada, Page 964 (CHAPTER 421, AB 413)κ
The court may require such progress reports on the treatment of the person as it deems necessary.
4. No person may be placed under the supervision of a facility under this section unless the facility accepts him for treatment.
Sec. 4. NRS 458.330 is hereby amended to read as follows:
458.330 1. Whenever a person is placed under the supervision of a treatment facility, his sentencing must be deferred, and his conviction must be set aside if the treatment facility certifies to the court that he has satisfactorily completed the treatment program , and the court approves the certification [.] and determines that the conditions upon the election of treatment have been satisfied.
2. If, upon the expiration of the treatment period, the treatment facility has yet to certify that the person has completed his treatment program, the court shall sentence him. If he has satisfied the conditions to the election of treatment and the court believes that he will complete his treatment on a voluntary basis, it may, in its discretion, set the conviction aside.
3. If, before the treatment period expires, the treatment facility determines that the person is not likely to benefit from further treatment at the facility, it shall so advise the court. The court shall then:
(a) Arrange for the transfer of [such] the person to a more suitable treatment facility, if any; or
(b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.
Whenever a person is sentenced under this section, time spent in institutional care must be deducted from any sentence imposed.
Sec. 5. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:
(a) He is classified as an alcoholic or abuser of drugs by a:
(1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or
(2) Physician certified to make that classification by the board of medical examiners;
(b) He agrees to pay the costs of the treatment; and
(c) He has served or will serve a term of imprisonment in jail of:
(1) One day, or has performed or will perform 24 hours of work for the community, if it is his first offense within 7 years; or
(2) Five days if it is his second offense within 7 years.
2. A prosecuting attorney has 10 days after receiving notice of an application for treatment pursuant to this section in which to request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.
κ1987 Statutes of Nevada, Page 965 (CHAPTER 421, AB 413)κ
3. At the hearing on the application for treatment the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.
4. In granting an application for treatment the court shall advise the offender that:
(a) Final sentencing in his case will be postponed.
(b) If he is accepted for treatment by a facility approved by the state, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(c) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he must be sentenced to the fine and imprisonment to which he would have been sentenced had he not been allowed treatment. The sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(d) If he completes the treatment satisfactorily, he may not be sentenced to a term of imprisonment which is longer than that provided for the offense in paragraph (c) of subsection 1 or fined more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court shall not defer the sentence , [or] set aside the conviction [.] or impose conditions upon the election of treatment not provided in this section.
6. The court shall notify the department, on a form approved by the department, upon granting the offenders application for treatment and his failure to be accepted for or complete treatment.
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Assembly Bill No. 616Committee on Transportation
CHAPTER 422
AN ACT relating to special fuel; lengthening the period for which records must be preserved; extending the time for petitioning for a redetermination of an assessment; expanding the time during which the notice of an additional assessment may be served; increasing the amount of the bond posted by dealers, users and motor carriers; 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 366.140 is hereby amended to read as follows:
366.140 1. Every special fuel dealer, special fuel user and every person importing, manufacturing, refining, dealing in, transporting or storing special fuel in this state shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the department requires.
κ1987 Statutes of Nevada, Page 966 (CHAPTER 422, AB 616)κ
importing, manufacturing, refining, dealing in, transporting or storing special fuel in this state shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the department requires.
2. These records, receipts, invoices and other pertinent papers [shall] must be preserved intact for [a period of 28] 36 months.
3. Any special fuel dealer or special fuel user who:
(a) Fails to file the returns required pursuant to this chapter; or
(b) Files the returns required pursuant to this chapter and indicates that no taxable fuel was delivered or used or that he conducted no taxable operation,
shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.
4. The records, receipts, invoices and other pertinent papers [shall] must be available at all times during business hours to the department or its [duly] authorized agents.
Sec. 2. NRS 366.405 is hereby amended to read as follows:
366.405 1. If the department is not satisfied with the records, statements or amount of tax paid by any person pursuant to the provisions of this chapter, it may make an additional or estimated assessment of tax due from [such] that person based upon any information available to it. Every additional or estimated assessment [shall bear] bears interest at the rate of 1 percent per month, or fraction thereof, from the date [such] the additional assessment is imposed until paid.
2. If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of this chapter or the [rules or] regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of [such] the additional assessment [shall] must be added thereto. If any part of [such] the deficiency is found to be caused by fraud or an intent to evade this chapter or [rules or] regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the additional assessment [shall] must be added thereto.
3. The department shall give [such] the person written notice of [such] the additional assessment. [Such] The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to [such] the person at his address as it appears in the records of the department. [Every] Except for reports filed pursuant to subsection 3 of NRS 366.140, every notice of additional assessment proposed to be assessed under this chapter [shall] must be served within [28] 36 months after the claimed erroneous report was filed.
4. When a special fuel user or special fuel dealer refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary in satisfying the department that the amount of tax paid by [such] the user or dealer is correct, the additional or estimated assessment made pursuant to this section is presumed to be correct, and the burden is upon the person challenging [any such] the assessment to establish that it is erroneous.
κ1987 Statutes of Nevada, Page 967 (CHAPTER 422, AB 616)κ
is presumed to be correct, and the burden is upon the person challenging [any such] the assessment to establish that it is erroneous.
5. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within [15] 30 days after service of [such] the notice. If [such] a petition is not filed with the department within [such period, such assessment shall become] that period, the assessment becomes final.
6. If a petition for redetermination is filed within [such period,] 30 days, the department shall reconsider the assessment and, if the petitioner so requests, [shall] grant him an oral hearing and give him 10 days notice of the time and place of [such] the hearing. The department may continue [such hearing from time to time] the hearing as may be necessary.
7. The order of the department upon [such] a petition [shall become final 15] becomes final 30 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there [shall] must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.
Sec. 3. NRS 366.550 is hereby amended to read as follows:
366.550 1. [When the department requires, or when specifically provided by this chapter, an] An applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, shall provide a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The amount of the bond must be twice the:
(a) Average quarterly taxes, penalties and interest due the State of Nevada during the preceding calendar year; or
(b) Estimated taxes payable for the first full calendar quarter of operation in this state,
determined by the department in such manner as it deems proper, and may be accordingly increased or reduced by the department at any time subject to the limitations prescribed in this chapter . [, but the] The total amount of the bond or bonds of any holder of a license must not [exceed $5,000.] be less than $1,000 or more than $25,000. The amount so fixed must be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license affects the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the department may prescribe:
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
κ1987 Statutes of Nevada, Page 968 (CHAPTER 422, AB 616)κ
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on this amount accrues to the account of the applicant for or holder of the special fuel dealers license or special fuel users license.
4. The department may reduce the requirements for a bond to not less than $1,000 for the holder of a special fuel users license upon his faithful performance of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.
5. The department shall immediately reinstate the original requirements for a bond for a holder of a special fuel users license upon his:
(a) Lack of faithful performance of the requirements of this chapter; or
(b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.
Sec. 4. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest must be refunded to the person [paying it.] who paid the tax, penalty or interest. Except as otherwise provided in NRS 360.235, a written application for refund, stating the specific grounds therefor, must be made within [28] 36 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds must be made to a successor, assignee, estate or heir of [such a] the person if written application is made within the time limit.
3. Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the special fuel dealer.
4. All amounts refunded under the provisions of this chapter must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 706 of NRS and any balance may be refunded or credited to succeeding reports.
Sec. 5. NRS 706.196 is hereby amended to read as follows:
706.196 1. The department may:
(a) Require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.
(b) Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state.
κ1987 Statutes of Nevada, Page 969 (CHAPTER 422, AB 616)κ
papers and records of any common, contract or private motor carrier doing business in this state.
2. These books, papers and records must be preserved intact for [a period of 28] 36 months.
3. Any common, contract or private motor carrier who:
(a) Fails to file the returns required pursuant to this chapter; or
(b) Files the returns required pursuant to this chapter and indicates that he conducted no operations,
shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.
4. The fact that [such] the books, papers and records are not maintained in this state does not cause the department to lose any right of examination under this chapter when and where the books, papers and records become available.
Sec. 6. NRS 706.301 is hereby amended to read as follows:
706.301 1. [When the department finds it necessary, or when specifically provided by this chapter, an] An applicant for or holder of a license, provided for in NRS 706.516, 706.521 and 706.526, shall provide a bond executed by [the applicant or holder] him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada , [and] conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada. The total amount of the bond must be [fixed by the department,] twice the:
(a) Average quarterly taxes, fees, penalties and interest due the State of Nevada during the preceding calendar year; or
(b) Estimated taxes and fees payable for the first full calendar quarter of operation in this state,
determined in such manner as the department finds appropriate, [but the] and may be accordingly increased or reduced by the department at any time subject to the limitations of this chapter. The total amount of the bond or bonds of any holder of a license must not [exceed $5,000.] be less than $1,000 or more than $25,000. The amount so fixed must be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, the execution of any new bond or the suspension or revocation of any license [shall affect] affects the validity of any bond.
3. In lieu of a bond or bonds an applicant for or holder of any license may deposit with the state treasurer, under such terms as the department may prescribe:
(a) A like amount of lawful money of the United States, or bonds or other lawful negotiable instruments of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate issued by a bank or savings and loan association in Nevada, which certificate must indicate an amount at least equal to the amount of the bond which would otherwise be required by this section and must state that the amount is unavailable for withdrawal except by direct and sole order of the department.
κ1987 Statutes of Nevada, Page 970 (CHAPTER 422, AB 616)κ
in Nevada, which certificate must indicate an amount at least equal to the amount of the bond which would otherwise be required by this section and must state that the amount is unavailable for withdrawal except by direct and sole order of the department. Interest earned on the deposit must accrue to the account of the applicant for or holder of the license and not the department.
4. The department may reduce the requirements for a bond to not less than $1,000 for the holder of a license upon his faithful performance of all the requirements of this chapter and the punctual payment of all taxes and fees due the State of Nevada for the 3 preceding calendar years.
5. The department shall immediately reinstate the original requirements for a bond for a holder of a license upon his:
(a) Lack of faithful performance of the requirements of this chapter; or
(b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.
Sec. 7. NRS 706.571 is hereby amended to read as follows:
706.571 1. If illegally or through error the department collects or receives any fee, penalty or interest imposed under NRS 706.011 to 706.861, inclusive, the fee, penalty or interest must be refunded or credited to the person paying it. Notification stating the specific grounds therefor must be made within [28] 36 months after the date of payment, whether or not the fee, penalty or interest was paid voluntarily or under protest.
2. Refunds must be made to a successor, assignee, estate or heir of [such] the person if written application is made within the time [limit.] prescribed.
3. Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the person to whom the refund is due.
4. All amounts refunded under the provisions of this chapter must be paid from the motor vehicle fund on claims presented by the department, approved by the state board of examiners, and paid as other claims against the state are paid.
Sec. 8. NRS 706.791 is hereby amended to read as follows:
706.791 1. If the department is not satisfied with the records, statements or amount of fees paid by any person, pursuant to the provisions of NRS 706.011 to 706.861, inclusive, it may make an additional or estimated assessment of fees due from [such] that person based upon any information available to it.
2. Every [such assessment shall bear] additional or estimated assessment bears interest at the rate of 1 percent per month, or fraction thereof, from the date [such] the assessment is imposed until paid.
3. If any part of a deficiency for which [such] an assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of NRS 706.011 to 706.861, inclusive, or the [rules and] regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of [such assessment shall] the assessment must be added thereto.
κ1987 Statutes of Nevada, Page 971 (CHAPTER 422, AB 616)κ
of [such assessment shall] the assessment must be added thereto. If any part of [such] the deficiency is found to be caused by fraud or an intent to evade this chapter or [rules and] regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of [such assessment shall] the assessment must be added thereto.
4. The department shall give [such] the person written notice of [such] the assessment. [Such] The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to [such] the person at his address as it appears in the records of the department. [Every] Except for reports filed pursuant to subsection 3 of NRS 706.196, every notice of assessment [shall] must be served within [28] 36 months after the allegedly erroneous report was filed.
5. When any person refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary in satisfying the department that the amount of tax paid by [such] that person is correct, the assessment made pursuant to this section is presumed to be correct, and the burden is upon the person challenging [any such] the assessment to establish that it is erroneous.
6. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within [15] 30 days after service of [such] the notice. If [such] a petition is not filed with the department within [such period, such assessment shall become] that period, the assessment becomes final.
7. If a petition for redetermination is filed within [such period,] 30 days, the department shall reconsider the assessment and, if the petitioner so requests, [shall] grant him an oral hearing and give him 10 days notice of the time and place of [such] the hearing. The department may continue [such hearing from time to time] the hearing as may be necessary.
8. The order of the department upon [such] a petition [shall become final 15] becomes final 30 days after service of notice thereof. If [any such] an assessment is not paid on or before the date it becomes final, there [shall] must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.
Sec. 9. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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κ1987 Statutes of Nevada, Page 972κ
Senate Bill No. 445Senator Beyer
CHAPTER 423
AN ACT relating to the state board of registered professional engineers and land surveyors; increasing the fees for registration as a professional engineer; conforming the provisions governing the unlawful practice of land surveying to the provisions governing the unlawful practice of professional engineering; providing a 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 625.210 is hereby amended to read as follows:
625.210 1. The board shall issue a certificate of registration to any applicant who has paid a fee for registration fixed by the board not exceeding [$150] $200 and who, in the opinion of the board, has satisfactorily met all the requirements of this chapter.
2. The certificate authorizes the practice of professional engineering, followed by the branch or branches for which he is qualified.
3. Certificates of registration must:
(a) Show the full name of the registrant.
(b) Have a registration number.
(c) Be signed by the chairman and the secretary under seal of the board.
4. The issuance of a certificate of registration by the board is evidence that the person named in the certificate is entitled to all the rights and privileges of a registered professional engineer while the certificate remains valid.
Sec. 2. NRS 625.220 is hereby amended to read as follows:
625.220 1. The board may, upon application and payment of an application fee fixed by the board not exceeding [$100,] $200, issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners Committee on National Engineering Certification, or by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
2. An oral examination conducted by not less than three professional engineers registered by the board may be required of such persons and a written examination may be required at the discretion of the board.
Sec. 3. NRS 625.540 is hereby amended to read as follows:
625.540 [It shall be unlawful for any person to practice, offer to practice, or represent himself as a land surveyor in this state, or to set, reset or replace any survey monument unless he has been licensed or specifically exempted from license under this chapter.]
κ1987 Statutes of Nevada, Page 973 (CHAPTER 423, SB 445)κ
1. It is unlawful for a person:
(a) Not properly registered, licensed or exempted under the provisions of this chapter to:
(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice land surveying;
(2) Set, reset or replace any survey monument; or
(3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person who is not licensed or registered pursuant to this chapter is qualified or authorized to practice land surveying.
(b) To present or attempt to use, as his own, the certificate of registration, license or seal of another.
(c) To give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration or license.
(d) To impersonate falsely any other registrant of the same or a different name.
(e) To attempt to use an expired or revoked certificate of registration or license.
(f) To violate any of the provisions of this chapter.
2. A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
________
Assembly Bill No. 286Assemblymen Dini, Jeffrey, Sader, Brookman, Myrna Williams, Sedway, Getto, Schofield, Evans, Wisdom, Swain, Thompson, Arberry, Banner, Bergevin, May, Nevin, Fay, Tebbs, Gaston, Freeman, Triggs, Kissam, Wendell Williams, Adler, McGaughey, Marvel, Carpenter, Spinello, Nicholas, Thomas, Kerns, Haller, Lambert, Humke, Callister, Garner and Spriggs
CHAPTER 424
AN ACT relating to services to aging persons; establishing a program in the aging services division of the department of human resources to provide care at home for certain elderly persons and encourage them to maintain their independence and self-reliance; authorizing the division to contract for services, accept grants, establish a schedule of fees and initiate demonstrative projects; 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 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Frail elderly person means a natural person 65 years of age or older who:
κ1987 Statutes of Nevada, Page 974 (CHAPTER 424, AB 286)κ
1. Has a physical or mental limitation that restricts his ability to live independently and carry out activities of normal daily living; and
2. Has been or is at risk of being placed in a facility for long-term care.
Sec. 3. 1. The division shall establish and administer a program to provide the community-based services necessary to enable a frail elderly person to remain in his own home or with his family and avoid placement in a facility for long-term care. The program may be carried out solely by the division or in cooperation with another state agency, the Federal Government or any local government.
2. Any such program established by the division pursuant to this section may have as its goals to:
(a) Foster independence and self-reliance and maintain the dignity of frail elderly persons and allow them, to the fullest extent possible, to be an integral part of their families and communities;
(b) Establish in communities throughout the state community-based services which will enable frail elderly persons to remain in their homes;
(c) Ensure that any frail elderly person who has been, or is at risk of being, placed inappropriately in a facility for long-term care is able to receive the services which will enable him to stay in his home; and
(d) Promote participation by any appropriate public or private agency, organization or institution in the development of services that offer options to frail elderly persons and foster independent living.
3. The division shall adopt regulations necessary to establish and administer the program established pursuant to this section.
Sec. 4. 1. The division may use personnel of the division or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a frail elderly person to remain in his home.
2. Any such contract must:
(a) Include a description of the type of service to be provided;
(b) Specify the price to be paid for each service and the method of payment; and
(c) Specify the criteria to be used to evaluate the provision of the service.
Sec. 5. 1. The division may apply for, accept and expend any federal or private grant of money or other type of assistance that becomes available to carry out the provisions of sections 2 to 6, inclusive, of this act. Any money received pursuant to this section must be deposited with the state treasurer and accounted for separately in the state general fund.
2. The division shall, with the approval of the commission and director, establish a schedule of fees to be charged and collected for any service provided pursuant to sections 2 to 6, inclusive, of this act.
Sec. 6. The division may initiate projects to test and demonstrate various ways of providing the community-based services necessary to enable a frail elderly person to remain in his home.
κ1987 Statutes of Nevada, Page 975 (CHAPTER 424, AB 286)κ
Sec. 7. NRS 427A.020 is hereby amended to read as follows:
427A.020 As used in this chapter, unless the contest otherwise requires, the words and terms defined in NRS 427A.021 to 427A.028, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 427A.038 is hereby amended to read as follows:
427A.038 1. The commission shall:
(a) Determine and evaluate the needs of the older people of this state.
(b) Seek ways to avoid unnecessary duplication of services for older persons by public and private organizations in Nevada.
(c) Establish priorities for the work of the division according to the most pressing needs of older persons as determined by the commission.
(d) Promote programs that provide community-based services necessary to enable a frail elderly person, to the fullest extent possible, to remain in his home and be an integral part of his family and community.
2. The commission may:
(a) Establish priorities for programs funded under the Older Americans Act of 1965 (42 U.S.C. §§ 3001 et seq.).
(b) Review and approve the state plan for providing services to meet the needs of older persons.
(c) Gather and disseminate information in the field of aging.
(d) Conduct hearings, conferences and special studies on the problems of older persons and on programs which serve them.
(e) Evaluate existing programs for older persons and recommend needed changes in those programs and propose new programs which would more effectively and economically serve the needs of older persons.
(f) Evaluate any proposed legislation which would affect older persons.
(g) Coordinate and assist the efforts of public and private organizations which serve the needs of older persons, especially in the areas of education, employment, health, housing, welfare and recreation.
Sec. 9. NRS 427A.110 is hereby amended to read as follows:
427A.110 1. [All] Except as otherwise provided in section 5 of this act, all gifts of money which the division is authorized to accept must be deposited in the state treasury for credit to the aging services divisions gift account in the department of human resources gift fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.
2. All claims must be approved by the administrator before they are paid.
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κ1987 Statutes of Nevada, Page 976κ
Assembly Bill No. 375Assemblyman Banner
CHAPTER 425
AN ACT relating to mobile home parks; revising provisions governing landlords and tenants of the parks; 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 118.165 is hereby amended to read as follows:
118.165 1. Unless exempted by subsection 3, every landlord of real property leased or otherwise rented to a tenant , including every landlord of a mobile home park, shall deliver to the tenant in July of each year, and whenever the periodic rent changes, a statement which shows separately for each periodic payment of rent:
(a) The amount which represents property taxes paid by the landlord; and
(b) The remainder of that payment.
2. If the property rented is one of several upon which the landlord pays taxes together, the amount which represents property taxes must be calculated by:
(a) Apportioning the total property tax paid for the year upon the entire property among the individual properties rented according to their respective areas.
(b) Reducing the amount so apportioned to each particular property for the year by the appropriate fraction to correspond to the period for which rent on it is paid.
3. This section does not apply to:
(a) Any property covered by a written agreement which requires the tenant to pay the property tax or otherwise provides for calculation and notice to the tenant of its amount.
(b) Any lodging unless it contains its own cooking and toilet facilities, separate from other living quarters.
(c) Any room in a hotel or motel.
(d) Any concession within a larger commercial enterprise, or any other property not customarily used separately from adjacent units.
(e) Any property for which the rent is a share of sales or profit.
4. The statements required in July 1981 by subsection 1 must show, in addition to the information required as of the date the statement is prepared, the comparable information as of July 1980. Each landlord of property which is subject to this section shall reduce the periodic rent otherwise payable by an amount equal to 90 percent of any reduction from 1980 to 1981 of the amount which represents property taxes as shown in the statements required by that subsection.
5. This section does not purport to regulate the total amount of rent payable.
6. A landlord who fails to reduce the periodic rent in accordance with subsection 4 is liable to each tenant whose rent was not properly reduced for an amount equal to three times the amount which was overpaid by the tenant, unless the landlord shows good cause for the failure.
κ1987 Statutes of Nevada, Page 977 (CHAPTER 425, AB 375)κ
subsection 4 is liable to each tenant whose rent was not properly reduced for an amount equal to three times the amount which was overpaid by the tenant, unless the landlord shows good cause for the failure. If the tenant made written demand upon his landlord at least 20 days before bringing his action under this subsection, a judgment for the tenant must include costs and a reasonable attorneys fee.
7. The department of taxation is responsible for enforcing the provisions of this section.
Sec. 1.5. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. The landlord shall authorize each manager and assistant manager to make repairs himself or enter into a contract with a third party for the repairs.
2. The manager shall contract with a third party to provide emergency repairs for the tenants on the occasions when the manager and assistant manager are not physically present in the park. The manager shall notify each tenant of the telephone number of the third party who will make the repairs, and direct the tenants to call him when an emergency repair is needed and the manager and assistant manager are not physically present in the park. The telephone number so provided must be that of the third party directly. The provision of the telephone number of an answering service does not fulfill this requirement. If the manager or assistant manager are present in the park, any request for repairs must be made to him and not the third party.
3. As used in this section, repairs means only repairs to the property of the owner of the mobile home park.
Sec. 3.5. NRS 118B.014 is hereby amended to read as follows:
118B.014 Landlord means the owner or lessor of a mobile home lot and the owner [, lessor or operator] or lessor of a mobile home park.
Sec. 4. NRS 118B.040 is hereby amended to read as follows:
118B.040 1. A written rental [contract] agreement or lease [must] may be executed between a landlord and tenant to rent or lease any mobile home lot. The landlord shall give the tenant a copy of the [contract] agreement or lease , if any, at the time the tenant signs it.
2. [The written rental contract] Any such written rental agreement or lease must contain but is not limited to provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.
(c) Restrictions on [and charges for] occupancy by children or pets.
(d) Services and utilities included with the lot rental and the responsibility of maintaining or paying for [the services and utilities.] them, including the charge, if any, for cleaning the lots.
κ1987 Statutes of Nevada, Page 978 (CHAPTER 425, AB 375)κ
(e) Fees which may be required and the purposes for which they are required.
(f) Deposits which may be required and the conditions for their refund.
(g) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(h) The name and address of the owner of the mobile home park and his authorized agent.
(i) Any restrictions on subletting.
(j) The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot and their ages.
(k) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
(l) Any restriction of all or part of the park to adults or older persons.
(m) A making or designation of the mobile home lot sufficient to inform the tenant of its boundaries.
Sec. 5. NRS 118B.050 is hereby amended to read as follows:
118B.050 Any provision in a rental agreement or lease for a mobile home lot which provides that the tenant:
1. Agrees to waive or forego any rights or remedies afforded by this chapter;
2. Authorizes any person to confess judgment on any claim arising out of the rental agreement;
3. Agrees to pay the landlords attorneys fees, except that the agreement may provide that attorneys fees may be awarded to the prevailing party in the event of court action;
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord; [or]
5. Agrees to a period of time within which he will give notice to the landlord of the termination of his tenancy which is longer than the term of the lease [,] ; or
6. Agrees to pay any additional charge for children or pets, unless the landlord provides a special service regarding children or pets,
is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.
Sec. 6. NRS 118B.060 is hereby amended to read as follows:
118B.060 1. Any payment, deposit, fee, or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a deposit governed by the provisions of this section.
2. The landlord shall maintain a separate record of the deposits.
3. All deposits are refundable, and upon termination of the tenancy the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.
κ1987 Statutes of Nevada, Page 979 (CHAPTER 425, AB 375)κ
landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit. Any refund must be sent to the tenant within 21 days after the tenancy is terminated.
4. Upon termination of the landlords interest in the mobile home park, the landlord shall either transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed under this section or [return] refund that portion to the tenant.
5. If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor then becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.
6. If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.
7. The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.
Sec. 7. NRS 118B.080 is hereby amended to read as follows:
118B.080 1. The landlord shall disclose in writing to each tenant the name [and address of:
(a) The person authorized to manage] , address and telephone number of the manager or assistant manager of the mobile home park [;
(b)] , and any change thereof. The landlord shall also disclose in writing to each tenant the name and address of:
(a) A person authorized to receive service of process for the landlord; and
[(c)] (b) The owner of the mobile home park,
and any change thereof.
2. The information must be furnished in writing to each new tenant on or before the commencement of his tenancy [.] and to each existing tenant.
Sec. 8. NRS 118B.085 is hereby amended to read as follows:
118B.085 1. [The] If the owner of a mobile home park has employed a manager or assistant manager, the owner shall notify the manufactured housing division of the department of commerce of the name of the manager and assistant manager of his park . After the initial notification, the owner shall also send such a notice within [30] 45 days after:
(a) Buying the park;
(b) Opening the park for occupancy; or
(c) Changing managers [.] or assistant managers.
2. Upon receiving the notice required by subsection 1, the administrator of the manufactured housing division shall send the manager and the assistant manager the text of the provisions of this chapter and a form upon which the manager and assistant manager shall acknowledge that [he has] they have received those provisions, [has] have read them and [understands] understand them. The manager and the assistant manager shall return the acknowledged form to the administrator within 10 days after receiving it.
κ1987 Statutes of Nevada, Page 980 (CHAPTER 425, AB 375)κ
3. For the purposes of this section, manager means the person in charge or in control of a mobile home park, whether or not he is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the mobile home park.
Sec. 9. NRS 118B.090 is hereby amended to read as follows:
118B.090 The landlord shall:
1. [Keep] Maintain all common areas of the park in a clean and safe condition; and
2. Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which he furnishes . [, except that repeated damage from misuse or vandalism is grounds for suspension of maintenance or repair of a facility or appliance.]
Sec. 10. NRS 118B.100 is hereby amended to read as follows:
118B.100 1. The landlord may adopt rules or regulations concerning the tenants use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.
2. All such rules or regulations must be:
(a) Reasonably related to the purpose for which they are adopted;
(b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;
(c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;
(d) Consistent with a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and
(e) Uniformly entered against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.
3. No rule or regulation may be used to impose any additional charge for occupancy of a mobile home lot or modify the terms of a lease or rental agreement.
4. Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days notice of it in writing. A notice in a periodic publication of the park does not meet the requirement for notice under this subsection.
5. A rule or regulation pertaining to recreational facilities in the mobile home park must be in writing to be enforceable. Such rules and regulations may be amended and enforced by the landlord without the tenants consent if the tenant is given 30 days written notice of the amendment.
κ1987 Statutes of Nevada, Page 981 (CHAPTER 425, AB 375)κ
6. The landlord may adopt any rules or regulations which are not inconsistent with the provisions of this chapter.
7. For the purposes of this section, capital improvement means any addition or change to the land or buildings which increases its value more than a repair or replacement would increase its value.
Sec. 11. NRS 118B.110 is hereby amended to read as follows:
118B.110 1. The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by 25 percent of the tenants occupying the park. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this section the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
3. If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the mobile home park to meet with the tenants.
Sec. 12. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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Assembly Bill No. 374Assemblyman Banner
CHAPTER 426
AN ACT relating to mobile home parks; making various changes concerning the rights of tenants; 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 to 5, inclusive, of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. If a statute requires that a tenant obtain the approval of the landlord on a particular matter and the landlord gives his approval, he shall do so in writing.
Sec. 4. The amount of rent charged a tenant for a service or amenity upon moving into the mobile home park must be reduced proportionately when the service or amenity is decreased or eliminated by the landlord.
Sec. 5. A landlord must give his tenants at least 24 hours notice in writing when planned repairs of a utility or a service which the mobile home park provides will be interrupted.
κ1987 Statutes of Nevada, Page 982 (CHAPTER 426, AB 374)κ
Sec. 6. NRS 118B.110 is hereby amended to read as follows:
118B.110 1. The landlord shall meet with a representative group of tenants occupying the park [at least once a year] , chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park [if] within 45 days after he receives a written request to do so which has been signed by 25 percent of the tenants occupying the park. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this section the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
Sec. 7. NRS 118B.120 is hereby amended to read as follows:
118B.120 1. The landlord or his agent or employee may:
[1.] (a) Require that the tenant landscape and maintain the tenants lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.
[2.] (b) By prior written agreement, maintain the tenants lot and charge the tenant a service fee for the actual cost of that maintenance.
[3.] (c) Require that the mobile home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.
2. The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a mobile home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.
Sec. 8. NRS 118B.130 is hereby amended to read as follows:
118B.130 1. A landlord may restrict all or part of a mobile home park to adult tenants who are at least 18 years old or to older tenants who are at least 55 years old, but:
(a) The landlord may not change an existing park to an adult park or park for older persons unless the tenants who do not meet those restrictions are given the option of remaining in the park or moving to parks within [10] 20 miles at the expense of the landlord.
(b) The landlord may not change an existing park to a park in which certain areas are restricted to adults or older persons unless the tenants who do not meet the restrictions are given the option of remaining in their spaces or moving to unrestricted areas of the park or to parks within [10] 20 miles at the expense of the landlord.
(c) The landlord may not change the restriction of a park or an area of a park which is restricted to adults or older persons unless the tenants who meet the restriction are given the option of remaining in their spaces or moving to parks within [10] 20 miles at the expense of the landlord.
κ1987 Statutes of Nevada, Page 983 (CHAPTER 426, AB 374)κ
2. A tenant who elects to move pursuant to a provision of subsection 1 must give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park. He is entitled to receive the cost of taking down, moving and setting up his mobile home in the new lot or park.
3. A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:
(a) Tenant of the park who does not meet the new restrictions.
(b) Prospective tenant before the commencement of the tenancy.
Sec. 9. NRS 118B.150 is hereby amended to read as follows:
118B.150 The landlord or his agent or employee shall not:
1. Increase rent or [service fees] additional charges unless:
(a) The rental [rates or the increase in service fees applies in a uniform manner to all tenants similarly located in mobile homes of similar size on the same class of lot, either double or single, or, if it is a service fee, to a given circumstance,] increase is the same amount for each space in the park, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older [;] , and any increase in additional charges for special services is the same amount for each tenant using the special service; and
(b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.
2. Require a tenant to pay his rent by check.
3. Except as otherwise provided in this subsection, prohibit or require fees or deposits which are not of a fixed amount for any meetings held in the parks community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the parks affairs, or any tenant-sponsored political meeting, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of such meetings.
4. Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
5. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park a guest may be required to register upon entering and leaving.
6. Charge a fee for a guest who does not stay with the tenant for more than 30 consecutive days or a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying any additional charge or fee. No agreement between a tenant and his guest alters or varies the terms of the rental contract or lease between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.
κ1987 Statutes of Nevada, Page 984 (CHAPTER 426, AB 374)κ
contract or lease between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.
7. Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. For purposes of this subsection, solicit means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of such dues.
8. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
Sec. 10. NRS 118B.170 is hereby amended to read as follows:
118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenants mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall not unreasonably withhold his consent.
2. If a tenant sells his mobile home or recreational vehicle, the landlord may require that the mobile home or recreational vehicle be removed from the park if it is deemed by the [landlord] parks written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair [.] or does not meet the safety standards set forth in NRS 461A.120. If the mobile home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.
3. If the landlord requires approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the parties to the sale must first confer with the manager.
Sec. 11. NRS 118B.260 is hereby amended to read as follows:
118B.260 Any landlord who violates any of the provisions of this chapter:
1. For the first time, shall pay a civil penalty of not more than [$250.] $1,000.
2. For the second time, shall pay a civil penalty of not more than [$500.] $1,500.
3. For the third time or more, shall pay a civil penalty of not more than [$1,000.] $2,500.
Sec. 12. NRS 118B.250 is hereby repealed.
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κ1987 Statutes of Nevada, Page 985κ
Assembly Bill No. 214Assemblymen Jeffrey, Dini, Sader, Schofield, Bergevin, Nevin, DuBois, Thompson, Spinello, Triggs, Sedway, Kerns, Porter, Fay, Wisdom, Myrna Williams, Callister, Marvel, Gaston, Thomas, Brookman, Tebbs, Carpenter, Banner, Getto, Humke, Adler, Kissam, Lambert, Craddock, Haller, Wendell Williams, McGaughey, Swain, Arberry, Evans, Spriggs and Garner
CHAPTER 427
AN ACT relating to insurance; requiring insurers to notify the commissioner of insurance of their intention to withdraw from providing insurance to particular insureds; prohibiting insurers from canceling policies except on certain grounds; revising the procedure for nonrenewal; providing for a review of cancellation or nonrenewal by the insurance division of the department of commerce; 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 687B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer which intends to withdraw from providing insurance for a particular class of insureds shall notify the commissioner of that intention at least 60 days before the notice of cancellation or nonrenewal is delivered or mailed to the insureds.
2. Upon receipt of a written request from an insured, the division shall, within 15 days after the receipt of the request, review the ground for cancellation or nonrenewal. If after the review the division fails to find that the insurer can demonstrate the grounds for cancellation or nonrenewal by clear and convincing evidence, the cancellation or nonrenewal shall be deemed withdrawn by the insurer and the policy reinstated or renewed. Such a request for review by the division must be made within 30 days after the insured receives the notice of cancellation or nonrenewal.
Sec. 2. NRS 687B.310 is hereby amended to read as follows:
687B.310 1. NRS 687B.310 to 687B.390, inclusive, apply to all binders and all contracts of insurance the general terms of which are required to be approved or are subject to disapproval by the commissioner, except as otherwise provided by statute or by rule under subsection 3.
2. The contract may provide terms more favorable to policyholders than are required by NRS 687B.310 to 687B.390, inclusive.
3. The commissioner may by rule exempt from NRS 687B.310 to 687B.390, inclusive, classes of insurance contracts where the policyholders do not need protection against arbitrary termination.
4. The rights provided by NRS 687B.310 to 687B.390, inclusive, are in addition to and do not prejudice any other rights the policyholder may have at common law or under other statutes.
5. NRS 687B.310 to 687B.390, inclusive, do not prevent the rescission or reformation of any life or health insurance contract not otherwise denied by the terms of the contract or by any other statute.
κ1987 Statutes of Nevada, Page 986 (CHAPTER 427, AB 214)κ
or reformation of any life or health insurance contract not otherwise denied by the terms of the contract or by any other statute.
6. Any notice to an insured required pursuant to NRS 687B.320 to 687.350, inclusive, must be personally delivered to the insured or mailed first class or certified to the insured at his address last known by the insurer. The notice must state the effective date of the cancellation or nonrenewal and be accompanied by a written explanation of the specific reasons for the cancellation or nonrenewal.
Sec. 3. NRS 687B.320 is hereby amended to read as follows:
687B.320 1. No insurance policy that has been in effect for at least 70 days or that has been renewed may be canceled by the insurer prior to the expiration of the agreed term or 1 year from the effective date of the policy or renewal, whichever is less, except on any one of the following grounds:
(a) Failure to pay a premium when due; [and
(b) Such grounds as are specified in the policy.
The commissioner shall not disapprove grounds for cancellation specified in the policy which are reasonably necessary to protect the insurer against material misrepresentations and against substantial changes in the risk it has assumed, except to the extent that it should reasonably foresee such changes.]
(b) Conviction of the insured of a crime arising out of acts increasing the hazard insured against;
(c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;
(d) Discovery of:
(1) An act or omission; or
(2) A violation of any condition of the policy,
which occurred after the first effective date of the current policy and substantially and materially increases the hazard insured against;
(e) A material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;
(f) A determination by the commissioner that continuation of the insurers present volume of premiums would jeopardize the insurers solvency or be hazardous to the interests of policyholders of the insurer, its creditors or the public; or
(g) A determination by the commissioner that the continuation of the policy would violate, or place the insurer in violation of, any provision of the code.
2. No cancellation under subsection 1 [shall be] is effective until in the case of paragraph (a) of subsection 1 at least 10 days and in the case of any other paragraph [(b)] of subsection 1 at least 30 days after the [first class mailing or delivery of a written] notice is delivered or mailed to the policyholder.
κ1987 Statutes of Nevada, Page 987 (CHAPTER 427, AB 214)κ
Sec. 4. NRS 687B.330 is hereby amended to read as follows:
687B.330 A policy issued for a term longer than 1 year may be canceled by the insurer by giving notice [30 days prior to any anniversary date as provided in subsection 1 of NRS 687B.340 for nonrenewals.] of the cancellation:
1. For commercial or business policies, 60 days before any anniversary date of the policy.
2. For all other policies, 30 days before any anniversary date of the policy.
Sec. 5. NRS 687B.340 is hereby amended to read as follows:
687B.340 1. Subject to subsection 2, a policyholder has a right to have his policy renewed, on the terms then being applied by the insurer to persons, similarly situated, for an additional period [of time] equivalent to the expiring term if the agreed term is 1 year or less, or for 1 year if the agreed term is longer than 1 year, unless [at] :
(a) At least 60 days for commercial or business policies; and
(b) At least 30 days [prior to] for all other policies,
before the date of expiration provided in the policy the insurer mails [first class] or delivers to him a notice of intention not to renew the policy beyond the agreed expiration date. If an insurer fails to provide a timely notice of nonrenewal, the insurer shall provide the insured with a policy of insurance on the identical terms as in the expiring policy.
2. This section does not apply if the policyholder has accepted replacement coverage or has requested or agreed to nonrenewal, or if the policy is expressly designated as nonrenewable by a clause approved or deemed to be approved by the commissioner.
________
Assembly Bill No. 271Assemblyman Nevin
CHAPTER 428
AN ACT relating to regional planning commissions; revising provisions governing qualifications of members; clarifying the division of responsibility between regional planning commissions and city and county planning commissions; 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 278.100 is hereby amended to read as follows:
278.100 1. The ordinance must specify the membership of the commission, which must consist of not less than six members or more than 12 members.
2. The ordinance must provide that the term of each member is 4 years, or until his successor takes office, except that the terms of two of the members first appointed are 3 years, and the respective terms of two members first appointed are 1 and 2 years.
κ1987 Statutes of Nevada, Page 988 (CHAPTER 428, AB 271)κ
or until his successor takes office, except that the terms of two of the members first appointed are 3 years, and the respective terms of two members first appointed are 1 and 2 years. No more than one-third of the members may hold any other public office. For the purposes of this subsection, membership on the planning commission of a county or city must not be considered holding a public office.
3. The governing body creating the commission shall, by resolution, provide what compensation, if any, each of the members shall receive for his services as a member, not to exceed $40 per meeting or a total of $200 per month.
4. Members may be removed, after public hearing, by a majority vote of the governing body, for inefficiency, neglect of duty or malfeasance of office.
5. All appointments to fill vacancies must be for the unexpired term.
Sec. 2. NRS 278.130 is hereby amended to read as follows:
278.130 [Where]
1. If the governing body of a city or county collaborates in the creation of a regional planning commission and does not create a separate city or county planning commission, the regional planning commission shall perform for the city or county all the duties and functions delegated to a city or county planning commission by the terms of NRS 278.010 to 278.630, inclusive.
2. If a regional planning commission has duties and functions pursuant to NRS 278.010 to 278.630, inclusive, which parallel the duties and functions of a city or county planning commission, the city or county planning commission has the responsibility for making decisions pertaining to planning which have a local effect, and the regional planning commission has the responsibility for making decisions pertaining to planning which have a regional or intergovernmental effect.
________
Assembly Bill No. 102Assemblymen McGaughey, Tebbs, DuBois, Sedway, Bergevin, Thompson, Adler, Kissam, Lambert, Nicholas, Arberry, Craddock, Gaston, Freeman, Carpenter, Getto and Dini
CHAPTER 429
AN ACT relating to education; creating a position in the department of education to coordinate the use of libraries and related technical systems; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:
κ1987 Statutes of Nevada, Page 989 (CHAPTER 429, AB 102)κ
1. The position of coordinator of the use of libraries and related technical systems is hereby created. The superintendent of public instruction may:
(a) Assign the duties of the coordinator to an employee of the department of education; or
(b) Appoint a coordinator.
2. The coordinator of the use of libraries and related technical systems shall:
(a) Coordinate the use of public libraries by local school districts;
(b) Coordinate services offered by the libraries in each school district;
(c) Advise school districts on the proper use and management of libraries in the school districts and the services offered by those libraries;
(d) In conjunction with the state library and archives, coordinate the loan of materials and supplies between libraries;
(e) Offer libraries assistance in the automation of their access to and use of technical materials;
(f) Develop a library of audiovisual software and software for computers for the use of school libraries; and
(g) Offer technical expertise to school libraries regarding such subjects as the new methods of gathering and retaining information.
________
Senate Bill No. 544Senators Redelsperger and Jacobsen
CHAPTER 430
AN ACT relating to search and rescue; prohibiting interference with equipment or animals used by members of a search and rescue organization in responding to an emergency; requiring cooperation with members of such organizations in responding to an emergency; providing penalties; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 475 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who, with intent to prevent or obstruct the response to an emergency, damages, removes or hinders the operation of any vehicle, apparatus, equipment or animal being used or which may be used in an emergency by a member of a search and rescue organization, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.
2. As used in this section, vehicle means any device in, upon, or by which any person or property is or may be transported.
κ1987 Statutes of Nevada, Page 990 (CHAPTER 430, SB 544)κ
Sec. 2. NRS 475.070 is hereby amended to read as follows:
475.070 1. Every person who, at any fire:
(a) Disobeys the lawful order of any peace officer or fireman [;] , or a member of a search and rescue organization who is under the direction of the sheriff;
(b) Resists or interferes with any lawful effort to extinguish the fire; or
(c) Engages in any conduct likely to interfere with the extinguishment of the fire,
is guilty of a misdemeanor.
2. Every person who, at the scene of an emergency, other than a fire, disobeys any of the lawful orders of a peace officer or fireman, or a member of a search and rescue organization who is under the direction of the sheriff, or resists or interferes with the lawful efforts of any firemen or company of firemen , or members of a search and rescue organization who are under the direction of the sheriff, to control or handle the emergency, or conducts himself in a disorderly manner likely to interfere with the control or handling thereof, or who forbids, prevents or dissuades others from assisting to control or handle the emergency, is guilty of a misdemeanor.
________
Assembly Bill No. 437Committee on Health and Welfare
CHAPTER 431
AN ACT relating to facilities for the dependent; requiring the state board of health to adopt separate regulations governing the licensing and operation of certain facilities for the dependent; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.037 is hereby amended to read as follows:
449.037 1. The board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive.
(b) Regulations governing the licensing of such facilities.
(c) Such other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.
2. The board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
which provide care to persons with Alzheimers disease.
3. The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
κ1987 Statutes of Nevada, Page 991 (CHAPTER 431, AB 437)κ
the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
________
Assembly Bill No. 42Assemblymen Dini, Banner, Schofield, Wisdom, Thompson, May, Myrna Williams, Nevin, Sedway, Jeffrey, Arberry, Sader, Swain, Craddock, Fay, Brookman, Gaston, Kissam and Price
CHAPTER 432
AN ACT relating to veterans cemeteries; authorizing the Nevada commissioner and deputy commissioner for veteran affairs to establish, operate and maintain veterans cemeteries; creating advisory committees for veterans cemeteries in northern and southern Nevada; making an appropriation for the acquisition and initial development of land for veterans cemeteries in northern and southern Nevada; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The commissioner and the deputy commissioner shall each establish, operate and maintain a veterans cemetery and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.
2. Any person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the commissioner for the cemetery in northern Nevada or to the deputy commissioner for the cemetery in southern Nevada, which describes the nature of the services. The commissioner or the deputy commissioner shall consider all such offers and approve those he deems appropriate. The commissioner or deputy commissioner shall coordinate the provision of all services so approved.
Sec. 3. 1. Any veteran who was eligible for interment in a national cemetery under the provisions of 38 U.S.C. § 1002(1), (2), (3) and (4), as that section existed on January 1, 1987, is eligible for interment in a veterans cemetery in this state.
2. Any eligible veteran, or a member of his immediate family, may apply for a plot in a cemetery by submitting a request to the commissioner or deputy commissioner on a form to be supplied by the commissioner or deputy commissioner. The commissioner and the deputy commissioner shall assign available plots in the order in which applications are received. No charge may be made for any plot or for the interment of any veteran.
3. One member of the immediate family of an eligible veteran may also be interred in the cemetery if the interment is in the same plot.
κ1987 Statutes of Nevada, Page 992 (CHAPTER 432, AB 42)κ
be interred in the cemetery if the interment is in the same plot. The commissioner or the deputy commissioner shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.
4. As used in this section, immediate family means the spouse, minor child or unmarried adult child of an eligible veteran.
Sec. 4. 1. Money received by the commissioner or the deputy commissioner from:
(a) Fees pursuant to subsection 3 of section 3 of this act;
(b) Allowances for burial from the Veterans Administration or the Social Security Administration;
(c) Appropriations made by the legislature for veterans cemeteries; and
(d) Gifts of money or proceeds derived from the sale of gifts of personal property he is authorized to accept,
must be deposited with the state treasurer for credit to the account for a veterans cemetery in northern Nevada or the account for a veterans cemetery in southern Nevada, whichever is appropriate, in the state general fund.
2. The interest and income earned on the money in the accounts, after deducting any applicable charges, must be credited to the accounts.
3. The money in each account must only be used for the operation and maintenance of the cemetery for which the account was created.
4. Gifts of personal property which the commissioner or the deputy commissioner is authorized to receive but which are not appropriate for conversion to money may be used in kind.
Sec. 5. 1. There are hereby created the advisory committee for a veterans cemetery in northern Nevada and the advisory committee for a veterans cemetery in southern Nevada, each consisting of seven members as follows:
(a) One member of the senate, appointed by the majority leader of the senate.
(b) One member of the assembly, appointed by the speaker of the assembly.
(c) Five members of veterans organizations in this state, appointed by the governor.
2. The members of the committees shall serve terms of 2 years and each committee shall annually elect a chairman and a vice chairman from among its members. The committees shall meet at least 4 times a year. Any legislative member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature. The members of the committees are not entitled to compensation or the payment of per diem allowances and travel expenses while engaged in the work of the committee.
3. The commissioner and deputy commissioner shall each consult with the committee regarding the establishment, maintenance and operation of the veterans cemetery for which the committee was created.
κ1987 Statutes of Nevada, Page 993 (CHAPTER 432, AB 42)κ
Sec. 6. 1. There is hereby appropriated from the state general fund to the Nevada commissioner for veteran affairs the sum of $139,500 for the acquisition and initial development of land for a veterans cemetery in northern Nevada.
2. There is hereby appropriated from the state general fund to the Nevada commissioner for veterans affairs the sum of $137,000 for the acquisition and initial development of land for a veterans cemetery in southern Nevada.
3. The Nevada commissioner and deputy commissioner for veteran affairs shall not expend, or allocate to another agency for expenditure, money from the appropriations made by subsections 1 and 2 unless at least an equal amount is committed for expenditure by the Federal Government to support that project.
Sec. 7. Any remaining balance of the appropriations made by section 6 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. 8. This act becomes effective upon passage and approval.
________
Senate Bill No. 467Human Resources and Facilities
CHAPTER 433
AN ACT relating to education; creating the commission on professional standards in education; authorizing the commission to prescribe standards for licensing; requiring teachers and other educational personnel in public schools to be licensed; authorizing the state board of education to prescribe standards for and approve courses of study and training for teachers and other educational personnel; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.014 is hereby amended to read as follows:
385.014 When required, the attorney general shall give his opinion in writing and without fee to the state board , [and] the superintendent of public instruction and the commission on professional standards in education on matters relating to the powers and duties of the department.
Sec. 1.5. NRS 385.080 is hereby amended to read as follows:
385.080 The state board may adopt regulations [which are not inconsistent with the constitution and laws of the State of Nevada] for its own government and [which are proper or] as necessary for the execution of the powers and duties conferred upon it by law . [except that:
1. Any change made by the state board, by which the required scholarship, training or experience for any certificate for teachers or other educational personnel is increased, shall be announced when made and shall not be made effective before 3 months from the date when the change is announced; and
κ1987 Statutes of Nevada, Page 994 (CHAPTER 433, SB 467)κ
scholarship, training or experience for any certificate for teachers or other educational personnel is increased, shall be announced when made and shall not be made effective before 3 months from the date when the change is announced; and
2. Any such change shall not be made to affect certificates then in force.]
Sec. 2. NRS 385.300 is hereby amended to read as follows:
385.300 1. The superintendent of public instruction may appoint a deputy superintendent for administrative and fiscal services.
2. The deputy superintendent for 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;] license to teach in a high school in this state; 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.] governmental budgets or in governmental accounting or research.
3. No person may be appointed to the position of deputy superintendent for administrative and fiscal services unless he has the qualifications outlined in subsection 2.
Sec. 3. NRS 387.1211 is hereby amended to read as follows:
387.1211 As used in NRS 387.121 to 387.126, inclusive:
1. Average daily attendancehighest 3 months means the average daily attendance of pupils enrolled in programs of instruction of a school district during the 3 months of highest average daily attendance of the school year.
2. Enrollment means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district at a specified time during the school year.
3. Special education program unit means an organized instructional unit which includes full-time services of [certificated personnel] persons licensed by the superintendent of public instruction providing a program of instruction in accordance with minimum standards prescribed by the state board.
Sec. 4. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 15.5, inclusive, of this act.
Sec. 5. As used in this chapter unless the context otherwise requires, commission means the commission on professional standards in education.
Sec. 6. 1. The commission on professional standards in education, consisting of nine members appointed by the governor, is hereby created.
κ1987 Statutes of Nevada, Page 995 (CHAPTER 433, SB 467)κ
2. Four members of the commission must be teachers who teach in the classroom as follows:
(a) One who teaches in a secondary school.
(b) One who teaches in a middle school or junior high school.
(c) One who teaches in an elementary school.
(d) One who teaches special education.
3. The remaining members of the commission must include:
(a) One counselor or psychologist employed by a school district.
(b) Two administrators of schools, at least one of whom must be a principal of a school.
(c) The dean of the College of Education at either of the universities in the University of Nevada System.
(d) One member who is a member of the state board of education.
4. The appointments of a counselor, the administrators and three of the four teachers must be made from a list of names of at least three persons for each position that is submitted to the governor:
(a) For the counselor and teachers, by an employee organization representing the majority of counselors and the majority of teachers in Nevada who teach in the educational level from which the appointment is being made; or
(b) For administrators, by an organization of administrators for schools in which the majority of administrators of schools in this state have membership.
5. One member of the commission who is a teacher, administrator, counselor or psychologist must be employed by a private school licensed pursuant to chapter 394 of NRS.
Sec. 7. No member of the commission who is a teacher, counselor, administrator or representative of the general public may serve more than two terms.
Sec. 8. 1. The commission shall elect one of its members as president, to serve at the pleasure of the commission.
2. The superintendent of public instruction or his designee shall serve as the nonvoting secretary to the commission. The secretary shall coordinate the activities of the commission.
Sec. 9. 1. The commission may meet at least once each month.
2. A majority of the commission constitutes a quorum for the transaction of business.
3. The members of the commission are entitled to the travel expenses and subsistence allowances provided by law for state officers and employees generally while attending meetings of the commission.
Sec. 10. 1. Except as otherwise provided in section 11.5 of the act, the commission:
(a) Shall adopt regulations prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of such licenses.
(b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.
κ1987 Statutes of Nevada, Page 996 (CHAPTER 433, SB 467)κ
2. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
Sec. 11. Except as otherwise provided in section 11.5 of this act, the commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and his knowledge of each specific subject he proposes to teach. Each examination must include the following subjects:
1. The laws of Nevada relating to schools;
2. The constitution of the State of Nevada; and
3. The Constitution of the United States.
Sec. 11.5. 1. The state board may disapprove any regulation adopted by the commission if the regulation:
(a) Threatens the efficient operation of the public schools in this state; or
(b) Creates an undue financial hardship for any teacher, administrator or other educational personnel or any county school district.
2. A regulation shall be deemed approved if the state board does not disapprove the regulation within 90 days after it is adopted by the commission.
Sec. 12. 1. The personnel necessary to enable the commission to carry out its duties must be provided by the department.
2. The offices for the commission may be located in the same building as the offices of the department.
Sec. 13. The purpose of licensing teachers and other educational personnel is to protect the general welfare of the people of this state. Any license issued by the superintendent of public instruction is a revocable privilege and no holder of such a license acquires thereby any vested right.
Sec. 14. 1. The state board shall prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions.
2. Every applicant for a license as a teacher or administrator or to perform some other educational function must submit with his application, in the form prescribed by the superintendent of public instruction, proof that he has satisfactorily completed a course of study and training approved by the state board.
Sec. 15. 1. The state board shall review and evaluate a course of study and training offered by an educational institution to qualify a person to be a teacher or administrator or to perform some other educational function. If the course of study and training meets the requirements established by the state board, it must be approved by the state board.
κ1987 Statutes of Nevada, Page 997 (CHAPTER 433, SB 467)κ
the course of study and training meets the requirements established by the state board, it must be approved by the state board.
2. The state board may review and evaluate such courses of study and training itself or may recognize a course of study and training approved by a national agency for accreditation acceptable to the board.
3. If the state board denies or withdraws its approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state board.
Sec. 15.5. If charges are brought against a teacher, administrator or other educational personnel for the suspension or revocation of his license and the state board of education determines that there is not sufficient evidence to suspend or revoke the license, the complaint and any related documents must not be made a part of that persons permanent employment record.
Sec. 16. NRS 391.010 is hereby amended to read as follows:
391.010 [1.] There are the following kinds of [certificates] licenses for teachers and other educational personnel in this state:
[(a) Elementary certificates.
(b) Secondary certificates.
(c) Special certificates.
2. An elementary certificate]
1. A license to teach elementary education, which authorizes the holder to teach in any elementary school in the state.
[3. A secondary certificate]
2. A license to teach secondary education, which authorizes the holder to teach in his major or minor field of preparation or in both fields in any secondary school. He may teach only in these fields unless an exception is approved [in a manner provided by regulations of the state board of education.
4. A special certificate] pursuant to regulations adopted by the commission.
3. A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the [certificate.] license.
Sec. 17. NRS 391.020 is hereby amended to read as follows:
391.020 1. All [certificates] licenses for teachers and other educational personnel are granted by the superintendent of public instruction [. He may issue certificates to all qualified persons under the regulations of the state board of education.] pursuant to regulations adopted by the commission and as otherwise provided by law.
2. Every applicant for a [certificate] license shall submit with his application a complete set of his fingerprints and written permission authorizing the superintendent to forward [such] the fingerprints to the Federal Bureau of Investigation for its report. The superintendent may issue a provisional [certificate] license pending receipt of such a report if he determines that the applicant is otherwise qualified.
κ1987 Statutes of Nevada, Page 998 (CHAPTER 433, SB 467)κ
3. Upon receipt of the report referred to in subsection 2 and a determination by the superintendent that the applicant is qualified, a [certificate] license must be issued to the applicant.
Sec. 18. NRS 391.035 is hereby amended to read as follows:
391.035 1. An application to the superintendent of public instruction for [certification] a license as a teacher or to perform other educational [employee] functions and all documents in the departments file relating to the application, including:
(a) The applicants health records;
(b) His fingerprints and any report from the Federal Bureau of Investigation;
(c) Transcripts of his record at colleges or other educational institutions;
(d) His scores on the [state] examinations administered pursuant to [NRS 385.090;] the regulations adopted by the commission;
(e) Any correspondence concerning the application; and
(f) Any other personal information,
are confidential.
2. It is unlawful [for the department] to disclose or release the information in [such] an application or any related document except pursuant to the applicants written authorization.
3. The department shall, upon request, make available the applicants file for his inspection during regular business hours.
Sec. 19. NRS 391.040 is hereby amended to read as follows:
391.040 1. The [state board of education] commission may fix fees of not less than [$3] $25 for the issuance and renewal of [certificates. Fees] a license. The fee for issuing a duplicate [certificates are] license is the same as for issuing the [originals.] original.
2. The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the state treasurer for credit to the appropriate account of the department of education. The remaining portion of the money received from the fees must be paid into the state general fund.
Sec. 20. NRS 391.045 is hereby amended to read as follows:
391.045 The superintendent of public instruction shall file with the clerk of the board of trustees of each local school district a directory of all teachers and other educational personnel who hold [certificates] licenses entitling them to draw salaries from the county school district fund, and shall advise the clerk from time to time of any changes or additions to the directory.
Sec. 21. NRS 391.060 is hereby amended to read as follows:
391.060 1. Except as otherwise provided in NRS 391.070, it is unlawful for:
(a) The superintendent of public instruction to issue a [certificate] license to, or a board of trustees of a school district to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
κ1987 Statutes of Nevada, Page 999 (CHAPTER 433, SB 467)κ
United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
(b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
2. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 22. NRS 391.080 is hereby amended to read as follows:
391.080 1. Each teacher or other [certificated] licensed 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, his deputy superintendents and other members of the professional staff of the department designated by the superintendent, members of 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] licensed employees.
Sec. 23. NRS 391.090 is hereby amended to read as follows:
391.090 1. Any person who is:
(a) Granted a [certificate] license to teach or perform other [education] educational functions in the public schools of Nevada [;] , in the school conducted at the Nevada youth training center or the Nevada girls training center or for any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the department of prisons; or
(b) Charged with the duty at the Nevada youth training center or the Nevada girls training center of giving instruction in the Constitution of the United States and the constitution of the State of Nevada,
must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.
2. The [superintendent of public instruction] commission may grant a reasonable time for compliance with the terms of this section.
Sec. 24. NRS 391.095 is hereby amended to read as follows:
391.095 A school district may enter into an agreement with a division of the University of Nevada System for the assignment of university students for training purposes as student teachers, counselors or [library trainees,] trainees in a library, or for experience in a teaching laboratory .
κ1987 Statutes of Nevada, Page 1000 (CHAPTER 433, SB 467)κ
[experiences.] University students so assigned within the school district for training purposes [are authorized,] may, under the direction and supervision of a [certificated teacher, to] licensed teacher, instruct and supervise children in the school, on the school grounds or on authorized field trips. The university students so assigned [shall be considered] are employees of the school district for purposes of NRS 41.038 and 41.039, while performing such authorized duties, whether or not [such] the duties are performed entirely in the presence of the [certificated] licensed teacher.
Sec. 25. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist [certificated] licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. The [noncertificated] personnel who are not licensed must be directly supervised by [certificated] licensed personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a [certificated] licensed person in attendance.
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Each applicant for employment pursuant to this section, except a teacher [certificated by the state board of education,] or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation for its report.
4. The board of trustees of a school district may employ or appoint persons to serve as security officers who have the powers of peace officers.
Sec. 26. NRS 391.110 is hereby amended to read as follows:
391.110 1. The board of trustees of a school district may:
(a) Employ any person [certificated] licensed for the position of administrator to serve as the superintendent of schools of the school district. The [state board of education] commission may require the superintendent of any school district to hold a masters degree.
(b) Define his powers and fix his duties.
(c) Fix his salary.
2. No superintendent of schools may be employed for more than a term of 1 year unless he has first served 2 years satisfactorily as a [certificated] licensed teacher or administrator in the school district. If he has served 2 years satisfactorily in the school district as a [certificated] licensed teacher or administrator he may be employed for a term of not to exceed 4 years.
3. A superintendent of schools may be dismissed at any time for cause.
4. A superintendent of schools may administer oaths or affirmations relating to public schools.
κ1987 Statutes of Nevada, Page 1001 (CHAPTER 433, SB 467)κ
Sec. 27. NRS 391.120 is hereby amended to read as follows:
391.120 1. Boards of trustees of the school districts in this state may employ legally qualified teachers and other [certificated] licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties [shall] must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other [certificated] licensed employee not later than the opening of the term of school.
2. A board of trustees may not employ teachers or other [certificated] licensed personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.
3. It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach.
4. Notice of the employment of a person as a teacher or other [certificated] licensed employee must be given to the department in the form prescribed by the superintendent of public instruction before the employee may start to perform under the terms of the contract.
Sec. 28. NRS 391.170 is hereby amended to read as follows:
391.170 A teacher or other employee for whom [certification] a license is required is not entitled to receive any portion of public [school] money for schools as compensation for services rendered unless:
1. He is legally employed by the board of trustees of the school district in which he is teaching or performing other educational functions.
2. He has a [certificate] license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.
Sec. 29. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means [a certificated or noncertificated] any employee of a school district in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to the Local Government Employee-Management Relations Act, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.
κ1987 Statutes of Nevada, Page 1002 (CHAPTER 433, SB 467)κ
sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. If any subject specified in this subsection is included in a negotiated agreement, the terms of the agreement [shall] govern in case of a conflict with regulations prescribed by the board.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the individual employee. An employee [shall] may not be credited with more than 15 days of sick leave in any 1 school year. Accumulated sick leave up to a maximum of 30 days may be transferred from one school district to another.
7. Subject to the provisions of subsection 8:
(a) When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary [shall] may be made therefor.
(b) When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a [duly constituted] board of health and [such] the intermission or closing does not exceed 30 days at any one time, there [shall] may be no deduction or discontinuance of salaries.
8. If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during [such compensatory extension] that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the [compensatory extension] extended period.
Sec. 30. NRS 391.200 is hereby amended to read as follows:
391.200 The salaries of the teachers and other [certificated] licensed personnel in a school district as determined by the contracts between the teachers and other [certificated] licensed employees and the board of trustees are prior claims upon the school district fund.
Sec. 31. NRS 391.210 is hereby amended to read as follows:
391.210 The board of trustees of a school district may direct the administrators, principals, teachers and other [certificated] licensed personnel employed by them to exercise such powers and authority in the schools as the board of trustees has under this Title of NRS.
Sec. 32. NRS 391.230 is hereby amended to read as follows:
391.230 1. Upon the opening of any public school in this state, every teacher and other [certificated employee therein] licensed employee employed for that school shall file with the superintendent of the county school district a Nevada [certificate] license entitling the holder to teach or perform other educational functions in the school in which he will be employed, and any other report that the superintendent of public instruction requires.
κ1987 Statutes of Nevada, Page 1003 (CHAPTER 433, SB 467)κ
2. The superintendent of the county school district shall acknowledge the receipt of each [certificate] license and shall make a proper record thereof in his office. The [certificate shall] license must remain on file and [shall] be safely kept in the office of the superintendent of the county school district.
Sec. 33. NRS 391.280 is hereby amended to read as follows:
391.280 Every teacher or other [certificated] licensed employee, without loss of salary for the time employed, shall attend the educational conferences held in the school district in which he is employed unless excused for good cause by the superintendent of schools of the district.
Sec. 34. NRS 391.285 is hereby amended to read as follows:
391.285 The superintendent of public instruction may suspend, for a time not to exceed 1 year, the [certificate] license of any teacher or other [certificated] licensed employee who has an unexcused absence from any education conference he is required to attend.
Sec. 35. NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.3115 to 391.3197, inclusive, unless the context otherwise requires:
1. Administrator means any employee who holds a [certificate] license as an administrator and who is employed in that capacity by a school district.
2. Board means the board of trustees of the school district in which a [certificated] licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 or 207.260.
5. Postprobationary employee means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.
6. Probationary employee means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.
7. Superintendent means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a [certificated] licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 36. NRS 391.3115 is hereby amended to read as follows:
391.3115 1. The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. A [certificated] licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another [certificated] licensed employee during that employees leave of absence is employed only for the duration of the grant or leave.
κ1987 Statutes of Nevada, Page 1004 (CHAPTER 433, SB 467)κ
funded by a federal or private categorical grant or to replace another [certificated] licensed employee during that employees leave of absence is employed only for the duration of the grant or leave. Such a [certificated] licensed employee and [certificated] licensed employees who are employed on temporary contracts for 90 school days or less to replace [certificated] licensed employees who employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to them.
Sec. 37. NRS 391.3116 is hereby amended to read as follows:
391.3116 The provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher, administrator, or other [certificated] licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the boards right to dismiss or refuse to reemploy the employee or demote an administrator.
Sec. 38. NRS 391.312 is hereby amended to read as follows:
391.312 1. A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board may prescribe;
(l) Failure to show normal improvement and evidence of professional training and growth;
(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;
(n) Any cause which constitutes grounds for the revocation of a teachers [state certificate;] license;
(o) Willful neglect or failure to observe and carry out the requirements of this Title; or
(p) Dishonesty.
2. In determining whether the professional performance of a [certificated] licensed employee is inadequate, consideration [shall] must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
κ1987 Statutes of Nevada, Page 1005 (CHAPTER 433, SB 467)κ
given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
Sec. 39. NRS 391.3125 is hereby amended to read as follows:
391.3125 1. It is the intent of the legislature that a uniform system be developed for objective evaluation of teachers and other [certificated] licensed personnel in each school district.
2. Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employees over-all performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In like manner, counselors, librarians and other [certificated] licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the department.
3. A conference and a written evaluation for a probationary employee must be concluded no later than:
(a) November 1;
(b) January 1;
(c) March 1; and
(d) April 15,
of the school year, except that a probationary employee assigned to a school that operated all year must be evaluated at least 4 times during each 12 months of employment on a schedule determine by the board.
4. Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the next school year, he shall bring the matter to the employees attention in a written document which is separate from the evaluation no later than the third required evaluation. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.
5. Each postprobationary teacher must be evaluated at least once each year.
6. The evaluation of a probationary teacher or a postprobationary teacher must, if necessary, include recommendations for improvements in his performance. A reasonable effort must be made to assist the teacher to correct any deficiencies noted in the evaluation. The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teachers response must be permanently attached to the teachers personnel file.
Sec. 40. NRS 391.3127 is hereby amended to read as follows:
391.3127 1. Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form.
κ1987 Statutes of Nevada, Page 1006 (CHAPTER 433, SB 467)κ
representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must set forth a means according to which an administrators over-all performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the department [.] and made available to the commission.
2. Each administrator must be evaluated in writing at least once a year.
3. Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, he shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.
Sec. 41. NRS 391.313 is hereby amended to read as follows:
391.313 1. Whenever an administrator charged with supervision of a [certificated] licensed employee believes it is necessary to admonish the employee for a reason that he believes may lead to demotion, dismissal or cause the employee not to be reemployed under the provisions of NRS 391.312, he shall:
(a) Except as otherwise provided in subsection 2, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to his demotion, dismissal or a refusal to reemploy him, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for his potential demotion, dismissal or a potential recommendation not to reemploy him; and
(b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.
An admonition issued to a [certificated] licensed employee who, within the time granted for improvement, has met the standards set for him by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.
2. An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his employment will be terminated pursuant to paragraph (d) of subsection 1 of NRS 391.31963 or 391.3197. If a probationary employee does not receive a notice pursuant to subsection 4 of NRS 391.3125 by the third evaluation, then he must receive an admonition before the decision is made not to reemploy him.
κ1987 Statutes of Nevada, Page 1007 (CHAPTER 433, SB 467)κ
3. A [certificated] licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of NRS 391.312.
Sec. 42. NRS 391.314 is hereby amended to read as follows:
391.314 1. [Whenever] If a superintendent has reason to believe that cause exists for the dismissal of a [certificated] licensed employee and [when] he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the [children] pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a [certificated] licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within 10 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employees dismissal. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.
4. A [certificated] licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him as salary during a period of suspension may continue to receive his salary from the time his suspension is effective until the decision of the board or the report of the hearing officer, if the report is final and binding. An employee who receives salary pursuant to this section shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5. A [certificated] licensed employee who is convicted of a crime which requires registration as a sex offender pursuant to NRS 207.151 or convicted of an act forbidden by NRS 200.508, 201.190, 201.265 or 207.260 forfeits all rights of employment from the date of his arrest.
6. A [certificated] licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
7. A [certificated] licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
κ1987 Statutes of Nevada, Page 1008 (CHAPTER 433, SB 467)κ
pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
8. A superintendent may discipline a [certificated] licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employees contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
Sec. 43. NRS 391.317 is hereby amended to read as follows:
391.317 1. Except as otherwise provided in NRS 391.31963, at least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of his intention to make the recommendation.
2. The notice must:
(a) Inform the [certificated] licensed employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer.
(c) Inform the employee that he may request appointment of a hearing officer from a list provided by the American Arbitration Association and that one will be appointed if the superintendent agrees in writing.
(d) Refer to chapter 391 of NRS.
Sec. 44. NRS 391.3191 is hereby amended to read as follows:
391.3191 1. Each request for appointment of a person from the list of hearing officers to serve as a hearing officer [shall] must be submitted to the superintendent of public instruction.
2. The [certificated] licensed employee and the superintendent may each challenge not more than five members of the list of hearing officers, and the superintendent of public instruction shall not appoint any challenged person.
Sec. 45. NRS 391.31915 is hereby amended to read as follows:
391.31915 1. Within 10 days after he receives a request for a hearing, the superintendent of public instruction shall designate seven attorneys from the list of hearing officers.
2. After designation of the attorneys, the [certificated] licensed employee and superintendent shall challenge peremptorily one of the seven at a time, alternately, until only one remains, who shall serve as hearing officer for the hearing. The superintendent and [certificated] licensed employee shall draw lots to determine first choice to exercise a challenge.
3. The state board shall prescribe procedures for exercising challenges to the hearing officer and set time limits in which the challenges may be exercised by the [certificated] licensed employee and superintendent.
κ1987 Statutes of Nevada, Page 1009 (CHAPTER 433, SB 467)κ
Sec. 46. NRS 391.3192 is hereby amended to read as follows:
391.3192 1. As soon as possible after the time of his designation, the hearing officer shall hold a hearing to determine whether the grounds for the recommendation are substantiated.
2. The superintendent of public instruction shall furnish the hearing officer with any assistance which is reasonably required to conduct the hearing, and the hearing officer may require witnesses to give testimony under oath and produce evidence relevant to the investigation.
3. The [certificated] licensed employee and superintendent are entitled to be heard, to be represented by an attorney and to call witnesses in their behalf.
4. The hearing officer is entitled to be reimbursed for his reasonable actual expenses and to receive compensation for actual time served at a rate of $60 per hour.
5. If requested by the hearing officer, an official transcript must be made.
6. The board and the [certificated] licensed employee are equally responsible for the expense of and compensation for the hearing officer and the expense of the official transcript.
7. The state board shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence do not apply to this hearing.
Sec. 47. NRS 391.31925 is hereby amended to read as follows:
391.31925 The [certificated] licensed employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be appointed by the hearing officer.
Sec. 48. NRS 391.3193 is hereby amended to read as follows:
391.3193 1. Except as otherwise provided in subsection 3, within 30 days [from] after the time of [the] his designation, the hearing officer shall complete the hearing and shall prepare and file a written report with the superintendent and the [certificated] licensed employee involved not later than 15 days [following] after the conclusion of the hearing.
2. The report [shall] must contain an outline of the scope of the hearing , findings of fact and conclusions of law, and recommend a course of action to be taken by the board. The report of the hearing officer is final and binding on the employee and the board if the employee and the superintendent have so agreed before the selection of the hearing officer was begun.
3. If it appears that the report cannot be prepared within 15 days, the [certificated] licensed employee and the superintendent shall be so notified before the end of that period, and the hearing officer may take the time necessary not exceeding 30 days following the conclusion of the hearing to file the written report and recommendation.
κ1987 Statutes of Nevada, Page 1010 (CHAPTER 433, SB 467)κ
4. The [certificated] licensed employee and the superintendent or his designee may mutually agree to waive any of the time limits applicable to the hearing procedure.
Sec. 49. NRS 391.3194 is hereby amended to read as follows:
391.3194 1. Within 5 days after the superintendent receives the report of the hearing officer he shall either withdraw the recommendation to demote, dismiss or not reemploy the [certificated] licensed employee or file his recommendation with the board.
2. Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officers recommendation and notify the [certificated] licensed employee in writing of its decision.
3. The board may, [prior to] before making a decision, refer the report back to the hearing officer for further evidence and recommendations. [The] Within 15 days after the report is referred to him, the hearing officer shall [have 15 days to] complete the report and file it with the board and mail a copy to the superintendent and [certificated] licensed employee.
4. The [certificated] licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report pursuant to NRS 38.145 or 38.155.
Sec. 50. NRS 391.3196 is hereby amended to read as follows:
391.3196 1. On or before April 15 of each year, the board shall notify postprobationary employees in their employ, in writing, by certified mail or by delivery of the employees contract, concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a postprobationary employee who has been employed by a school district of his status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year under the same terms and conditions [under which] as he is employed for the current year.
2. This section does not apply to any [certificated] licensed employee who has been recommended to be demoted, dismissed or not reemployed if proceedings have commenced and no final decision has been made by the board. A [certificated] licensed employee may be demoted or dismissed for grounds set forth in NRS 391.312 after he has been notified that he is to be reemployed for the ensuing year.
3. Any [certificated] licensed employee who is reemployed pursuant to subsection 1 shall, by April 25, notify the board in writing of his acceptance of employment. Failure on the part of the employee to notify the board of his acceptance within the specified time is conclusive evidence of the employees rejection of the contract.
4. If the [certificated] licensed employees are represented by a recognized employee organization and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 do not apply except in the case of a demotion, dismissal or decision not to reemploy an employee.
κ1987 Statutes of Nevada, Page 1011 (CHAPTER 433, SB 467)κ
reemploy an employee. Before April 25 of each year, the employees shall notify the board in writing, on forms provided by the board, of their acceptance of reemployment. Any agreement negotiated by the recognized employee organization and the board becomes a part of the contract of employment between the board and the employee. The board shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at his last known address or shall deliver the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of his acceptance within 10 days after receipt of the contract is conclusive evidence of the employees rejection of the contract.
Sec. 51. NRS 391.320 is hereby amended to read as follows:
391.320 [1.] The state board of education may suspend or revoke the [certificate] license of any teacher for any cause specified by law.
[2. The superintendent of public instruction may suspend, for a period not to exceed 1 year, after 10 days notice and a hearing, the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board.]
Sec. 52. NRS 391.330 is hereby amended to read as follows:
391.330 The state board of education may suspend or revoke [any state certificate] the license of any teacher or administrator, after notice and an opportunity for hearing before the state board, for:
1. Immoral or unprofessional conduct.
2. Evident unfitness for service.
3. Physical or mental incapacity which renders [such] the teacher or administrator unfit for service.
4. Conviction of a felony or crime involving moral turpitude.
5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a student enrolled in a school of a Nevada public school district was the victim.
6. Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.
7. Persistent defiance of or refusal to obey the regulations of the state board of education, the commission or [the regulations of] the superintendent of public instruction, defining and governing the duties of teachers and administrators.
Sec. 53. NRS 391.340 is hereby amended to read as follows:
391.340 Any teacher, principal or superintendent who [shall knowingly report, cause] knowingly reports, causes to be reported, or [permit to be reported] permits the report of the presence of any pupil [or pupils at schools when such pupil or pupils were] at school when the pupil is absent, or when school is not in session, [shall forfeit his certificate or by his action subject] forfeits his license or subjects it to revocation . [, and the same shall] The license may not be restored or a new one granted within 1 year after [such] the forfeiture or revocation.
κ1987 Statutes of Nevada, Page 1012 (CHAPTER 433, SB 467)κ
Sec. 54. NRS 391.350 is hereby amended to read as follows:
391.350 1. Any teacher or other [certificated] licensed employee employed by any board for a specified time who willfully refuses or fails to fulfill his employment obligations after he has notified the board of his acceptance of employment under subsection 3 of NRS 391.3196 or subsection 2 of NRS 391.3197 or to comply with the provisions of his contract after it has been signed without first obtaining the written consent of the board may be found guilty of unprofessional conduct. The board shall not unreasonably withhold its consent. Any administrator who willfully secures the signature on a statement of intent to accept employment of any teacher or other [certificated] licensed employee who has notified the board of another school district in this state of his acceptance of employment is guilty of unprofessional conduct, unless the employee has first obtained the written consent of the board to which he has given notice of acceptance. If the failure or refusal to comply with the provisions of the contract is the result of having subsequently executed an employment contract with another board in this state without the written consent of the board first employing him, the second contract is void.
2. Upon receiving formal complaint from the board, substantiated by conclusive evidence of a teachers failure or refusal under subsection 1 or that an administrator has willfully secured such a signature, the state board may suspend or revoke the [certificate] license of the teacher or administrator after notice and opportunity for a hearing.
3. The superintendent of public instruction shall notify state agencies for education in other states of any revocation pursuant to this section.
Sec. 55. NRS 391.355 is hereby amended to read as follows:
391.355 1. The state board of education, with the assistance of the attorney general, shall develop and the board shall adopt rules of procedure for the conduct of hearings involving suspension or revocation of [certificates] licenses of teachers, administrators and other educational personnel.
2. The rules of procedure must provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.
3. The state board of education may issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of [certificates] licenses.
4. A hearing officer, selected under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations to the state board of education. The state board may accept or reject the recommendations or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher, administrator or other [certificated] licensed person in writing of its decision.
κ1987 Statutes of Nevada, Page 1013 (CHAPTER 433, SB 467)κ
Sec. 56. NRS 391.375 is hereby amended to read as follows:
391.375 Every school district in the state shall submit, for approval by the state agency, as that term is defined in NRS 287.130, its plan for extending the benefits of Title II of the Social Security Act to [certified] licensed public school teachers in the position of substitute teachers, immediately upon receiving a request for such coverage pursuant to the provisions of NRS 287.190.
Sec. 57. NRS 392.150 is hereby amended to read as follows:
392.150 The board of trustees of a school district may:
1. Appoint an attendance officer, who need not be a [certified] licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers [shall] must be classified employees of the school district.
2. Fix his compensation.
3. Prescribe his duties.
4. [Make rules and] Adopt regulations not inconsistent with law for the performance of his duties.
Sec. 58. NRS 392.465 is hereby amended to read as follows:
392.465 1. The legislature declares:
(a) That the use of corporal punishment is to be discouraged in the public schools, and only after all other methods of discipline have proven ineffective should a pupil be administered corporal punishment.
(b) That judgment and discretion are to be used in all punishment, corporal and otherwise, and maximum use should be made of available school counseling and psychological services.
2. Subject to the limitations contained in this section, the board of trustees of every school district shall adopt regulations authorizing teachers, principals and other [certificated] licensed personnel to administer reasonable corporal or other punishment to pupils when [such] the action is deemed an appropriate corrective measure.
3. Parents and guardians [shall] must be notified before, or as soon as possible after, corporal punishment is administered.
4. No corporal punishment may be administered on or about the head or face of any pupil, but this limitation [shall] does not prohibit any teacher, principal or other [certificated] licensed person from defending himself if attacked by a pupil.
Sec. 59. NRS 394.465 is hereby amended to read as follows:
394.465 1. Except as otherwise provided in subsection 4, before a postsecondary educational institution employs or contracts with a person to occupy an administrative, financial or instructional position, or to act as an agent for the institution, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicants background, including a photograph, history of residences, employment and education, and the submission of his fingerprints to the Federal Bureau of Investigation.
κ1987 Statutes of Nevada, Page 1014 (CHAPTER 433, SB 467)κ
2. The sheriff shall retain one copy of the application and results of the investigation and forward one copy to the administrator.
3. The applicant shall pay the cost of the investigation.
4. An applicant is not required to arrange for an investigation of his background if he is:
(a) [Certified] Licensed by the [department of education;] superintendent of public instruction;
(b) An employee of the United States Department of Defense; or
(c) A member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution.
Sec. 60. NRS 49.291 is hereby amended to read as follows:
49.291 1. As used in this section, teacher means a person who is regularly employed by a public or private school in this state as a teacher or administrator and who holds a valid [certificate] license issued by the superintendent of public instruction authorizing the holder to teach or perform administrative functions in schools.
2. Communications by a pupil to a teacher concerning the pupils possession or use of drugs or alcoholic beverages made while the teacher was counseling or attempting to counsel [such] the pupil are privileged communications and the teacher [shall] must not, without the consent of the pupil, be examined as a witness concerning any such communication in any civil or criminal action to which the pupil is a party.
Sec. 61. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University of Nevada System.
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
2. The department of education , [and] the committee on group insurance and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of [regulation-making] adopting regulations but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
κ1987 Statutes of Nevada, Page 1015 (CHAPTER 433, SB 467)κ
(b) Chapters 616 and 617 of NRS for the determination of contested claims; and
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada,
prevail over the general provisions of this chapter.
5. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
6. The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
Sec. 62. NRS 385.090 is hereby repealed.
Sec. 63. 1. The standards, regulations and procedures of the state board of education in effect on July 1, 1987, that relate to the powers and duties transferred from the state board to the commission on professional standards pursuant to this act remain in effect and apply to the commission on professional standards until repealed or modified by the commission.
2. Any person who has been granted a certificate by the superintendent of public instruction which is in effect on July 1, 1987, shall be deemed to hold a license pursuant to the amendatory provisions of this act until that certificate is renewed.
Sec. 64. Of the original members of the commission on professional standards in education appointed by the governor:
1. Four members, including two teachers, one administrator and the member of the state board of education, must be appointed to terms ending on June 30, 1990;
2. Three members, including two teachers and one administrator, must be appointed to terms ending on June 30, 1989; and
3. The remaining members must be appointed to a term ending on June 30, 1988.
Sec. 65. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, appropriately correct any reference to a certificate issued to an administrator, teacher or other educational employee by the superintendent of public instruction before the effective date of this act for which the designation is changed by this act.
Sec. 66. Sections 2, 22, 59 and 61 of this act become effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1016κ
Assembly Bill No. 456Assemblymen Kissam, Dini, Brookman, Lambert, Schofield, DuBois, McGaughey, Nicholas, Haller, Getto, Marvel, Wisdom, Tebbs, Kerns, Price, May, Sedway, Sader, Thompson, Adler, Garner, Triggs and Arberry
CHAPTER 434
AN ACT relating to community property; allowing the division of the community property of a husband and wife if one spouse enters a facility for skilled nursing or facility for intermediate care; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 123 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree equally dividing the community assets, excluding income, and obligations of a husband and wife into the separate assets and obligations of the spouses, if the petitioner shows that:
(a) One spouse has been admitted to a facility for skilled nursing or facility for intermediate care; and
(b) It is in the best interest of both spouses that a division of the property be made.
2. The court shall not divide any community asset the basis of which is income from property owned by the spouses.
3. Upon the entrance of such a decree, the separate property of each spouse is not liable for the costs of supporting the other spouse, including the costs of the necessities of life or medical care.
Sec. 2. NRS 123.220 is hereby amended to read as follows:
123.220 All property, other than that stated in NRS 123.130, acquired after marriage by either husband or wife, or both, is community property unless otherwise provided by:
1. An agreement in writing between the spouses, which is effective only as between them.
2. A decree of separate maintenance issued by a court of competent jurisdiction.
3. NRS 123.190.
4. A decree issued pursuant to section 1 of this act.
Sec. 3. The provisions of this act apply to all community property, whether acquired before, on or after July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1017κ
Senate Bill No. 12Committee on Finance
CHAPTER 435
AN ACT relating to correctional institutions; changing the schedule of repayment of appropriations to the prison industry fund and prison farm fund; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 520, Statutes of Nevada 1981, as amended by section 1 of chapter 511, Statutes of Nevada 1985, at page 1561, is hereby amended to read as follows:
Sec. 2. [The money appropriated by section 1 of this act must be repaid to the state general fund by the department of prisons according to the following schedule:
1. $70,000 before July 1, 1989;
2. $70,000 before July 1, 1991; and
3. The remainder before July 1, 1993.]
1. The department of prisons shall pay to the state general fund from the prison industry fund before September 30 of each year an amount equal to 25 percent of any net profit produced during the preceding fiscal year from the operation of programs for the employment of offenders until the department has repaid to the state general fund all of the money appropriated by section 1 of this act.
2. After the department of prisons has repaid to the state general fund all of the money appropriated by section 1 of this act, the department shall continue making the payments to the state general fund from the prison industry fund as provided in subsection 1 until the department has repaid to the state general fund all of the money appropriated by section 2 of chapter 579, Statutes of Nevada 1981, at page 1247, to the prison farm fund.
3. The department of prisons is not required to make payments pursuant to subsection 1 or 2 in any fiscal year in which the programs for the employment of offenders do not produce a net profit.
Sec. 2. Section 2 of chapter 511, Statutes of Nevada 1985, at page 1561, is hereby repealed.
________
κ1987 Statutes of Nevada, Page 1018κ
Senate Bill No. 15Committee on Finance
CHAPTER 436
AN ACT relating to industrial programs for correctional institutions; creating an advisory board; requiring the appointment of an assistant director of the department of prisons for industrial programs; making an appropriation; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Advisory board means the advisory board on industrial programs.
Sec. 3. 1. The advisory board on industrial programs is hereby created.
2. The advisory board consists of the director of the department of prisons, the director of the department of general services and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the advisory board shall select a chairman from among their membership.
4. Each member of the advisory board appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, each legislator who is a member of the advisory board is 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 advisory board or is otherwise engaged in the work of the advisory board. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the advisory board in the same amount and manner as the legislative members whether or not the legislature is in session. Each member of the advisory board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally. All compensation, allowances and travel expenses must be paid from the prison industry fund.
Sec. 4. The advisory board shall:
1. Be informed on issues and developments relating to industrial programs for correctional institutions;
2. Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
κ1987 Statutes of Nevada, Page 1019 (CHAPTER 436, SB 15)κ
3. Report to the legislature on any other matter relating to industrial programs for correctional institutions which it deems appropriate;
4. Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;
5. Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists; and
6. Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsection 2 of NRS 209.461 and submit to the director its recommendations concerning the proposed program.
Sec. 5. The assistant director for industrial programs appointed pursuant to subsection 1 of NRS 209.151 is entitled to receive the same retirement benefits as police officers and firemen employed by public employers. For this purpose, the provisions of chapter 286 of NRS governing the retirement benefits of police officers and firemen apply to the assistant director.
Sec. 6. NRS 209.011 is hereby amended to read as follows:
209.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 209.021 to 209.085, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 7. NRS 209.151 is hereby amended to read as follows:
209.151 1. The director shall appoint an assistant director for industrial programs who:
(a) Is responsible to the director for the administration of all industrial and agricultural programs for the employment of offenders, except honor camps and centers for the purpose of making restitution; and
(b) Shall enforce all policies and regulations of the department relating to industrial and agricultural programs.
2. In addition to the assistant director appointed pursuant to subsection 1, the director shall appoint such other assistant directors [who] as are necessary.
3. The assistant directors are in the classified service of the state except for purposes of retention.
[2.] 4. During any absence of the director, he shall designate an assistant director or a warden to act as director of the department without increase in salary.
[3.] 5. The assistant directors shall carry out such administrative duties as may be assigned to them by the director and shall not engage in any other gainful employment or occupation.
Sec. 8. NRS 209.459 is hereby amended to read as follows:
209.459 The director [,] shall present the recommendations of the advisory board on industrial programs to the board of state prison commissioners and, with the approval of the board [, shall] of state prison commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.
κ1987 Statutes of Nevada, Page 1020 (CHAPTER 436, SB 15)κ
Sec. 9. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders or lease space or equipment within the institutions to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) Provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Produce a profit for the department;
(d) Have an insignificant effect on the number of jobs available to the residents of this state; and
(e) Provide occupational training for offenders.
3. The director may, with the approval of the board:
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 10. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $3,000 to pay the moving expenses of the first assistant director for industrial programs appointed pursuant to subsection 1 of NRS 209.151.
Sec. 11. Any remaining balance of the appropriation made by section 10 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 1021 (CHAPTER 436, SB 15)κ
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. 12. Sections 7, 10 and 11 of this act become effective upon passage and and approval.
________
Senate Bill No. 8Committee on Finance
CHAPTER 437
AN ACT relating to the department of prisons; authorizing the director to establish a procedure to make emergency purchases for certain programs; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
The director may establish a procedure for the emergency purchase of supplies, materials or equipment for industrial and agricultural programs in institutions of the department with money dedicated for that purpose. No such purchases may be made without the prior permission of the chief of the purchasing division of the department of general services. If such a procedure is established by the director, the provisions of chapter 333 of NRS do not apply to those emergency purchases.
Sec. 2. NRS 333.380 is hereby amended to read as follows:
333.380 Rules of the chief must provide the procedure for:
1. The purchase of commodities not scheduled under this chapter.
2. Emergency purchases, defining emergencies and stating the conditions under which emergency purchases may be made [.] , by an agency not specifically authorized by statute to establish its own procedure for emergency purchases.
3. Purchases made with money from the state purchasing fund.
________
κ1987 Statutes of Nevada, Page 1022κ
Senate Bill No. 9Committee on Finance
CHAPTER 438
AN ACT relating to motor vehicles; establishing an additional fee for license plates to defray the cost of producing the plates; requiring the preparation of license plates at a facility located at the department of prisons; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In addition to any other applicable fee, there must be paid to the department a fee of 50 cents for each license plate issued for a motor vehicle, trailer or semitrailer. The fee paid pursuant to this section must be deposited with the state treasurer for credit to the prison industry fund to defray the cost of producing the license plate.
Sec. 3. The director shall utilize the facility for the production of license plates which is located at the department of prisons to produce all license plates required by the department of motor vehicles and public safety.
Sec. 4. NRS 482.490 is hereby amended to read as follows:
482.490 Each person who applies for a manufacturers, distributors, dealers or rebuilders license plate, or pair of plates shall pay at the time of application [, in lieu of any other fees specified in this chapter,] a fee according to the following schedule:
For each plate or pair of plates for a motor vehicle, including a motorcycle............................................................................ .......................................................................................... $12
For plates for a trailer or semitrailer............................................... ............................................................................................ 12
This fee is in lieu of any other fee specified in this chapter except the fee imposed by section 2 of this act.
Sec. 5. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
The director shall provide a secure facility to be used by the department of motor vehicles and public safety for the production of license plates.
________
κ1987 Statutes of Nevada, Page 1023κ
Senate Bill No. 10Committee on Finance
CHAPTER 439
AN ACT relating to industrial programs in prisons; combining the prison industry fund and prison farm fund; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.189 is hereby amended to read as follows:
209.189 1. The [prison industry fund] fund for prison industries is hereby created as an enterprise fund to receive all revenues derived from programs for vocational training and employment of offenders [.] and the operation of the prison farm.
2. Money in the fund must be maintained in separate budgetary accounts, including at least one account for industrial programs and one for the prison farm.
3. Subject to the approval of the state board of examiners, the director may expend money deposited in this fund for the promotion and development of these programs [.
3.] and the prison farm.
4. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 209.187 is hereby repealed.
Sec. 3. 1. At the close of the 1986-87 fiscal year, the state controller shall transfer the assets and liabilities of the prison farm fund abolished by section 2 of this act, to the extent that the assets have not been encumbered for the fiscal year 1987-88, to the fund for prison industries.
2. The assets transferred pursuant to subsection 1 may only be used for payment of existing or outstanding obligations of the prison farm fund, the operation of the prison farm, the development of programs at the farm and any administrative costs associated with the farm and its programs.
3. Any existing or outstanding obligations of the prison industry fund must be paid from the appropriate budgetary account of the fund for prison industries.
Sec. 4. The legislative counsel shall, in preparing the supplement to the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, appropriately correct any reference to the prison industry fund or prison farm fund.
Sec. 5. This act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1024κ
Senate Bill No. 138Senators Wagner, Raggio, Townsend, Mello and Beyer
CHAPTER 440
AN ACT relating to public schools; providing for a reduction of the minimum number of days of free public school in cases of emergency; and providing other matters properly relating thereto.
[Approved June 12, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise permitted pursuant to [subsection 2,] this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
2. The superintendent of public instruction may upon application by the board of trustees authorize a reduction of not more than 10 school days in a particular district [for the purpose of establishing] to establish a 12-month school program.
3. Each school district shall schedule at least 3 contingent days of school in addition to the 180 days required by subsection 1, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
4. If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.
5. The state board of education shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
________
κ1987 Statutes of Nevada, Page 1025κ
Assembly Bill No. 791Committee on Judiciary
CHAPTER 441
AN ACT relating to the procedure in criminal cases; requiring notice of the failure by a defendant to appear to be given to the agent of the surety; specifying the time for giving such a notice; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.508 is hereby amended to read as follows:
178.508 If the defendant fails to appear when his presence in court is lawfully required and not excused, the court shall direct the fact of such failure to appear to be entered upon its minutes . [, and if] If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, the court shall direct that the sureties [,] and the local agent of each surety, or the depositor if he is not the defendant, [first] be given notice that the defendant has failed to appear, by certified mail [that the defendant has failed to appear] within 15 days after the failure to appear, and shall execute an affidavit of such mailing to be kept as an official public record of the court. The undertaking or money instead of bail bond is forfeited upon the expiration of 90 days after the notice is mailed, except as otherwise provided in NRS 178.509. A copy of the notice must be transmitted to the district attorney at the time notice is given to the sureties or the depositor.
________
Assembly Bill No. 772Committee on Ways and Means
CHAPTER 442
AN ACT relating to continuing judicial education; requiring payment for certain continuing education of district judges from the account for continuing judicial education; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.027 is hereby amended to read as follows:
3.027 1. The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of substantive law appropriate to a district court, to each district judge who is first elected or appointed to office after July 1, 1981, and to other district judges who so desire and who can be accommodated, between each general election and January 1 next following.
κ1987 Statutes of Nevada, Page 1026 (CHAPTER 442, AB 772)κ
desire and who can be accommodated, between each general election and January 1 next following.
(b) In statutory amendments and other developments in the law appropriate to a district court, to all district judges at convenient intervals.
2. The costs of the instruction must be paid from the [supreme courts] account for continuing judicial education. The court administrator shall administer the account and claims against the account must be paid as other claims against the state are paid.
Sec. 2. NRS 62.034 is hereby amended to read as follows:
62.034 1. Each district judge who is first elected or appointed after July 1, 1981, in a judicial district which has one judge, and each other district judge who is first assigned after July 1, 1981, to be the judge of the juvenile court in his judicial district, shall attend instruction at the National College of Juvenile Justice in Reno, Nevada, in a course designed for the training of new judges of juvenile courts unless he has previously attended such a course.
2. Each judge to whom this section applies shall attend the instruction provided when it is offered for the first time after his election, appointment or assignment, unless he is excused by written order of the presiding judge of his judicial district, or if the judicial district has but one judge, by a justice of the supreme court.
3. [Each county shall pay to the supreme court for this purpose the countys pro rata share of the cost of this instruction.] The cost of the instruction must be paid from the account for continuing judicial education.
Sec. 3. NRS 176.061 is hereby amended to read as follows:
176.061 The state controller shall distribute the money received to the following public agencies in the following amounts for each $7 received, up to the amount authorized by the legislature:
1. Six dollars to the office of the court administrator for allocation as follows:
(a) One dollar for the administration of the courts.
(b) One dollar for the development of a uniform system for judicial records.
(c) One dollar [for] to the account for continuing judicial education.
(d) Three dollars for the supreme court.
2. One dollar for the peace officers standards and training committee of the department of motor vehicles and public safety to be used for the continuing education of persons whose primary duty is law enforcement. Any amounts received in excess of the amounts authorized for expenditure must be deposited to the credit of the state general fund.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1027κ
Assembly Bill No. 806Committee on Judiciary
CHAPTER 443
AN ACT relating to offers of judgment; allowing interest and a reasonable attorneys fee; reducing the time for acceptance of an offer; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 17.115 is hereby amended to read as follows:
17.115 1. At any time more than 10 days before trial, either informally or at any pretrial conference presided over by a judge of the court in which the action is pending, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions stated at that time.
2. If the offer is accepted, the judge of the court in which the action is pending shall enter judgment accordingly.
3. If the offer is not accepted [prior to] before trial or within [30] 10 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial.
4. If the party to whom the offer of judgment is made fails to obtain a more favorable judgment, he cannot recover:
(a) Interest on the judgment for the period between the time of service of the summons and complaint and the time of entry of the judgment; or
(b) Costs [,] or attorneys fees,
and the court [may] shall order him to pay to the party who made the offer [not only] that partys taxable costs incurred from the date of filing the complaint, [but] and may order also a reasonable sum to cover costs of the services of expert witnesses who are not regular employees of any party actually incurred and reasonably necessary in the preparation of the case for trial by [such] the prevailing party [.
5.] , interest on the judgment from the time of the offer to the time of entry of the judgment and reasonable attorneys fees incurred by the party making the offer from the time of the offer.
5. Any taxable costs, attorneys fees and interest which is not derived from an interest-bearing obligation which may have been awarded must not be considered to be part of the judgment when determining whether the judgment was more favorable than the rejected offer.
6. If the attorney of the party for whom the offer of judgment is made is collecting a contingent fee for his services, the amount of any attorneys fees awarded to the party for whom the offer is made must be deducted from that contingent fee.
7. Any judgment entered pursuant to this section shall be deemed a compromise settlement.
________
κ1987 Statutes of Nevada, Page 1028κ
Senate Bill No. 566Committee on Finance
CHAPTER 444
AN ACT relating to the Tahoe Basin; authorizing the state board of examiners to levy an ad valorem tax to finance the bonds issued for the acquisition of land in the Tahoe Basin; exempting the bonds from the limitation on the indebtedness of the state; expanding the powers of the state land registrar; establishing minimum requirements for the purchase of certain land; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The state board of examiners shall establish an ad valorem tax upon all taxable property in the state, including the net proceeds of mines and mining claims, and excluding all property exempt from taxation, at a rate which is sufficient to pay the principal and interest on bonds issued pursuant to chapter 585, Statutes of Nevada 1985, at page 1866. The tax must be levied in the fiscal year 1988-1989 and each year thereafter until the bonds have been paid.
2. The proceeds of the tax levied pursuant to subsection 1 must be deposited each year in the consolidated bond interest and redemption fund, created pursuant to NRS 349.080, to the extent necessary to meet the obligations of the state for the payment of the principal and interest due in that fiscal year on bonds issued pursuant to chapter 585, Statutes of Nevada 1985, at page 1866. The remainder of the proceeds must be deposited in the state general fund without restriction as to their use.
3. The legislature finds and declares that the issuance of bonds pursuant to chapter 585, Statutes of Nevada 1985, at page 1866, is necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 2. Section 6 of chapter 585, Statutes of Nevada 1985, at page 1867, is hereby amended to read as follows:
Sec. 6. 1. The state land registrar shall administer the purchase of land in the Tahoe Basin, and he may adopt regulations necessary to carry out the program. The state land registrar shall make all offers for the purchase of the land, but the state board of examiners has the final authority to approve or disapprove a purchase. The state land registrar may, with the approval of the interim finance committee and the state board of examiners, for such consideration as he deems to be reasonable and in the public interest, transfer, sell, exchange or lease lands or interests in land acquired to other state agencies, federal agencies, local governments, nonprofit organizations and natural persons.
κ1987 Statutes of Nevada, Page 1029 (CHAPTER 444, SB 566)κ
2. The state land registrar, in cooperation with the administrator of the division of conservation districts of the state department of conservation and natural resources, shall carry out the program for the control of erosion and the mitigation and prevention of pollution in the Tahoe Basin, and may adopt regulations necessary to carry out the program. In carrying out this program, the state land registrar may make grants to other state agencies, local governments and nonprofit organizations.
Sec. 3. Section 7 of chapter 585, Statutes of Nevada 1985, at page 1867, is hereby amended to read as follows:
Sec. 7. 1. The price paid for any land purchased pursuant to this act must be based on the value of the property as determined by an [a] appraisal performed by an independent appraiser but [that price must not be less than what the fair market value of the property would have been as of July 1, 1980] :
(a) Property owners who owned their land on July 1, 1980, must not be offered less than what the fair market value of the property would have been as of July 1, 1980;
(b) Property owners who have acquired their land after July 1, 1980, must not be offered less than what the fair market value of the property would have been at the time the property owner acquired the property.
2. The state land registrar may accept full or partial donation of property authorized to be acquired pursuant to this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 460Committee on Finance
CHAPTER 445
AN ACT relating to public employees; increasing the amount paid by certain public employers for group insurance; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The cost of monthly premiums which may be applied to group life, accident or health coverage for each participating public officer or employee by the department, commission or public agency which employs the officer or employee must not exceed $136 from July 1, 1987, to June 30, 1988, and $146.50 from July 1, 1988, to June 30, 1989.
2. The department, commission or public agency must pay these total monthly premiums to the committee on group insurance.
κ1987 Statutes of Nevada, Page 1030 (CHAPTER 445, SB 460)κ
monthly premiums to the committee on group insurance. The committee on group insurance shall determine, by actuarial analysis, the amount to contribute toward the actual premium of the plan the employee or public officer selects.
3. If the amount to be contributed toward the actual premium of the plan the employee or public officer selects is less than the amount specified in subsection 1, the balance available must be credited to the self-insurance fund created pursuant to NRS 287.0435.
________
Assembly Bill No. 698Committee on Taxation
CHAPTER 446
AN ACT relating to local financial administration; providing an increase in the basic ad valorem revenue of certain fire protection districts; and providing other matters properly relating thereto.
[Approved June 13, 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. For the fiscal year beginning July 1, 1987, and each fiscal year thereafter, there must be added to the maximum amount of revenue the following local governments are allowed to receive from taxes ad valorem the amount produced by multiplying the indicated factor by each $100 of assessed valuation:
Local Government Factor
Pueblo County Fire Protection District $ .0113
McDermitt County Fire Protection District .0679
Paradise Valley County Fire Protection District .0680
Humboldt County Fire Protection District .0910
Winnemucca Rural County Fire Protection District .0910
Orovada County Fire Protection District .0974
2. Before the levy of any tax for the fiscal year beginning July 1, 1987, the governing body of a local government listed in subsection 1 shall conduct a public hearing on the proposed levy. The hearing must be held not less than 7 days after the date of mailing notice of the hearing to each property owner. The notice must state the time and place of the hearing and any proposed increase in the authorized rate.
3. After the public hearing, the governing body shall determine by what amount, if any, the authorized rate will be increased.
κ1987 Statutes of Nevada, Page 1031 (CHAPTER 446, AB 698)κ
Sec. 2. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 1 of this act, may be cited as the Local Government Budget Act.
Sec. 3. NRS 354.59805 is hereby amended to read as follows:
354.59805 Except as otherwise provided in NRS 354.59816 [,] and section 1 of this act, the maximum amount of money which a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied on the net proceeds of mines or for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before March 15 preceding the fiscal year to which it applies. A local government may, on or before April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
3. Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
Sec. 4. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
κ1987 Statutes of Nevada, Page 1032 (CHAPTER 446, AB 698)κ
Political Subdivision Percent-
age
Churchill County............................................................................................ 3.23
City of North Las Vegas................................................................................ 46.52
City of Carlin................................................................................................... 2.72
Esmeralda County.......................................................................................... .20
Eureka County................................................................................................ .71
City of Winnemucca...................................................................................... 5.56
City of Caliente............................................................................................... .46
City of Yerington............................................................................................ 4.77
Mineral County.............................................................................................. 9.96
City of Gabbs.................................................................................................. 4.31
Pershing County............................................................................................ 2.52
City of Lovelock............................................................................................. 5.77
White Pine County........................................................................................ 5.37
City of Ely ................................................................................................ 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation, excluding net proceeds of mines, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
κ1987 Statutes of Nevada, Page 1033 (CHAPTER 446, AB 698)κ
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire protection district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
(c) Of a local government listed in subsection 1 of section 1 of this act does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 256Committee on Human Resources and Facilities
CHAPTER 447
AN ACT relating to dangerous drugs; eliminating certain restrictions on sales of dangerous drugs by pharmacies; requiring pharmacies to maintain records of such sales; requiring certain pharmacies which supply ambulances to comply with applicable regulations of the state board of health; reducing the period that certain records must be maintained; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 . [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; or
κ1987 Statutes of Nevada, Page 1034 (CHAPTER 447, SB 256)κ
(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 technician-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. A pharmacy or hospital pharmacy that sells supplies pursuant to this section shall maintain a record of each sale which must contain:
(a) The date of the sale;
(b) The name, address and signature of the purchaser or the person receiving the delivery;
(c) The name of the dispensing pharmacist;
(d) The name and address of the authorizing practitioner; and
(e) The name, strength and quantity of each drug sold.
4. A pharmacy or hospital pharmacy that supplies the initial stock for an ambulance or other emergency vehicle shall comply with the applicable regulations adopted by the state board of health pursuant to NRS 450B.120.
5. The state board of pharmacy shall adopt additional regulations , consistent with the provisions of this chapter, regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 2. NRS 454.286 is hereby amended to read as follows:
454.286 1. Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any practitioner who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.
2. [Such] The records must be retained for a period of [5] 2 years and are open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. No special form of record is required if an accurate accountability can be furnished within a reasonable time after a demand by a person authorized to inspect [such] the records.
3. Invoices showing all purchases of dangerous drugs constitute a complete record of all dangerous drugs received.
4. For the purpose of this section, the prescription files of a pharmacy constitute a record of the disposition of all dangerous drugs.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1035κ
Senate Bill No. 418Committee on Natural Resources
CHAPTER 448
AN ACT relating to state lands; authorizing the department of transportation to convey certain real property to the Nevada state rural housing authority; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The department of transportation may convey, without consideration, to the Nevada state rural housing authority that parcel of real property in Carson City, Nevada, described as being a portion of the NW 1/4 of the SW 1/4 of Section 20, Township 15 North, Range 20 East, M.D.B. & M., and more fully described by metes and bounds as follows:
Commencing at an intersection of the southerly right-of-way line of Fairview Drive and the right or easterly right-of-way line of US-50 at a point 100.00 feet right of and at right angles to Highway Engineers Station 0 125+99.37 P.O.T.; said point of beginning further described as bearing North 24°0001 East, a distance of 2,724.41 feet from the southwest corner of Section 20, Township 15 North, Range 20 East, M.D.B. & M.; thence south 89°1320 East, along said southerly right-of-way line of Fairview Drive, a distance of 50.00 feet to a point on the former right or easterly 150 foot right-of-way line of US-50; thence South 01°1113 West, along said former right-of-way line, a distance of 172.82 feet to a point; thence from a tangent which bears the last described course curving to the right, along said former right-of-way line, with a radius of 5,150 feet, through an angle of 07°2019, with an arc distance of 659.63 feet to a point; thence South 08°3132 West, along said former right-of-way line, a distance of 327.78 feet to an intersection with the northerly right-of-way line of Colorado Street; thence North 89°0550 West, along said right-of-way line, a distance of 50.45 feet to an intersection with said right or easterly 100 foot right-of-way line of US-50; thence North 08°3132 East, along said line, a distance of 334.47 feet to a point; thence from a tangent which bears the last described course curving to the left along said line, with a radius of 5,100 feet, through an angle of 07°2019, with an arc distance of 653.22 feet to a point; thence North 01°1113 East, along said line, a distance of 172.46 feet to the true point of beginning; said parcel containing an area of 58,015 square feet (1.33 acres), more or less.
2. The real property described in subsection 1 must be conveyed subject to:
(a) Any existing utilities whether of record or not; and
(b) Any restrictions on use or reconveyance necessary to ensure compliance with the Nevada Constitution and any applicable federal requirements concerning land purchased with federal highway money.
κ1987 Statutes of Nevada, Page 1036 (CHAPTER 448, SB 418)κ
compliance with the Nevada Constitution and any applicable federal requirements concerning land purchased with federal highway money.
________
Assembly Bill No. 809Committee on Judiciary
CHAPTER 449
AN ACT relating to privileged communications; revising the provisions governing such communications between doctors and their patients; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 49.245 is hereby amended to read as follows:
49.245 There is no privilege under NRS 49.225 or 49.235:
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.
3. As to [communications] written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under chapter 441 of NRS.
5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
6. As to any [communication placed in health care] written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.
7. As to records that are required by chapter 453 of NRS to be maintained.
8. In a review before a screening panel pursuant to NRS 41A.003 to 41A.069, inclusive.
Sec. 2. NRS 49.245 is hereby amended to read as follows:
49.245 There is no privilege under NRS 49.225 or 49.235:
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.
κ1987 Statutes of Nevada, Page 1037 (CHAPTER 449, AB 809)κ
3. As to [communications] written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under chapter 441 of NRS.
5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
6. As to any [communication placed in health care] written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.
7. As to records that are required by chapter 453 of NRS to be maintained.
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1987.
2. Section 2 of this act becomes effective at 12:01 a.m. on June 30, 1989.
3. Section 1 of this act expires by limitation on June 30, 1989.
________
Assembly Bill No. 592Assemblyman Freeman
CHAPTER 450
AN ACT relating to dead bodies; allowing a licensed nurse to remove eyes to carry out a gift made pursuant to the Uniform Anatomical Gift Act; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.583 is hereby amended to read as follows:
451.583 A licensed funeral director, a licensed embalmer , [or] a medical technician or a licensed nurse may enucleate an eye of a dead person in order to carry out a gift made pursuant to the Uniform Anatomical Gift Act if the director, embalmer , [or] technician or nurse has successfully completed a course, approved by the board of medical examiners, in the procedure for enucleation of eyes.
________
κ1987 Statutes of Nevada, Page 1038κ
Assembly Bill No. 166Committee on Education
CHAPTER 451
AN ACT relating to handicapped persons; authorizing the superintendent of public instruction to provide for the education and care of certain handicapped persons in foster homes outside of this state; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 395.010 is hereby amended to read as follows:
395.010 1. The superintendent of public instruction may provide for the education and care of any handicapped person who is eligible for such benefits by:
(a) Making arrangements with the governing body of any institution for the handicapped in any state having any such institution.
(b) Placing the handicapped person in a foster home or other residential facility in [a county in] or outside of this state having an appropriate special education program for his particular handicap.
2. The superintendent of public instruction may make all necessary contracts, in accordance with any regulations the state board of education may prescribe, to carry out the provisions of this chapter.
________
Senate Bill No. 487Committee on Commerce and Labor
CHAPTER 452
AN ACT relating to insurance; authorizing the commissioner of insurance to adopt regulations to allow the charging of a fee for consultation on the purchase of certain types of insurance whether or not a purchase results; providing that compensation paid for consultation or related advice is not a premium; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 686A.230 is hereby amended to read as follows:
686A.230 1. A person shall not willfully collect any sum as a premium or charge for insurance which is not then provided or is not in due course to be provided , [(] subject to acceptance of the risk by the insurer , [)] by an insurance policy issued by an insurer as authorized by this code.
2. Except as otherwise provided in subsection 3, a person shall not willfully collect as a premium or charge for insurance any sum in excess of the premium or charge applicable to the insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the commissioner .
κ1987 Statutes of Nevada, Page 1039 (CHAPTER 452, SB 487)κ
the premium or charge applicable to the insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the commissioner . [; or, in] In cases where classifications, premiums or rates are not required by this code to be so filed and approved, the premiums and charges must not be in excess of those specified in the policy and as fixed by the insurer. This subsection does not prohibit:
(a) The charging and collection, by surplus lines brokers licensed under chapter 685A of NRS, of the amount of applicable state and federal taxes and nominal service charge to cover expenses for communication, in addition to the premium required by the insurer.
(b) The charging and collection, by a life insurer, of amounts actually to be expended for the medical examination of any applicant for life insurance or for reinstatement of a life insurance policy.
3. The commissioner may adopt regulations to allow the charging and collection of a fee by an insurance broker, consultant or financial planner:
(a) In lieu of any other charge or commission for solicitation, negotiation or procurement of a policy of insurance which covers commercial or business risks;
(b) For consultation or any related advice on the insuring of commercial or business risks which does not result in the procurement of a policy of insurance; and
(c) For consultation or related advice on the purchase of life or health insurance or an annuity [which does not result] , whether or not it results in the purchase of a policy of insurance or annuity. In such a case, the fee must be set forth in a written contract signed by the client before the consultation begins.
4. An agent or broker who provides consultation or related advice pursuant to this section must do so pursuant to a written contract specifying the compensation he will receive. The compensation may be in addition to or in lieu of a commission and is not a premium as defined in NRS 679A.115.
________
κ1987 Statutes of Nevada, Page 1040κ
Senate Bill No. 319Committee on Commerce and Labor
CHAPTER 453
AN ACT relating to providers of health care; making the failure of a dentist to allow the inspection and copying of the health care records of a patient under certain circumstances an act of unprofessional conduct; requiring certain providers of health care to make available to the appropriate licensing board the health care records of patients for inspection and copying; and providing other matters property relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 in the course of any investigation conducted pursuant to NRS 630.311, upon the request of any of them.] which issued the license to the provider of health care, during the course of any authorized investigation of that person.
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.
2. Records made available to a representative or investigator of [the board of medical examiners in accordance with the provisions of this section] such a board 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] that board from providing to a [physician] provider of health care 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] provider of health care 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.
κ1987 Statutes of Nevada, Page 1041 (CHAPTER 453, SB 319)κ
any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 2. NRS 631.3465 is hereby amended to read as follows:
631.3465 The following acts, among others, constitute unprofessional conduct:
1. Dividing fees or agreeing to divide fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but licensed dentists are not prohibited from:
(a) Practicing in a partnership and sharing professional fees;
(b) Employing another licensed dentist or dental hygienist; or
(c) Rendering services as a member of a nonprofit professional service corporation.
2. Associating with or lending his name to any person engaged in the illegal practice of dentistry or associating with any person, firm or corporation holding himself or itself out in any manner contrary to the provisions of this chapter.
3. Associating with or being employed by [,] a person not licensed pursuant to this chapter if that person exercises control over the services offered by the dentist, owns all or part of the dentists practice or receives or shares the fees received by the dentist. The provisions of this subsection do not apply to a dentist who associates with or is employed by a person who owns or controls a dental practice pursuant to NRS 631.385.
4. Using the name clinic, institute, referral services or other title or designation that may suggest a public or semipublic activity.
5. Practicing under the name of a dentist who has not been in active practice for more than 1 year.
Sec. 3. 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 state board of health, the state board of pharmacy or the board of dental examiners [; or] of Nevada;
3. Failure to pay the fees for a license [.] ; or
4. Failure to make the health care records of a patient available for inspection and copying as provided in NRS 629.061.
Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1042κ
Senate Bill No. 450Committee on Government Affairs
CHAPTER 454
AN ACT relating to public works; requiring a public body to reimburse a contractor for certain costs incurred in locating an underground facility of a public utility on the site of a public work; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS Chapter 338 is hereby amended by adding thereto a new section to read as follows:
If a public body directs a contractor to locate the facility of a public utility placed underground on the site of a public work, the public body shall reimburse the contractor for the difference between the costs incurred in finding the actual location of the facility and the costs of finding the reputed location of the facility.
________
Senate Bill No. 35Committee on Human Resources and Facilities
CHAPTER 455
AN ACT relating to emergency medical care; requiring the state board of health to establish certain programs concerning the treatment of physical trauma; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Trauma means any acute injury which, according to standardized criteria for triage in the field, involves a significant risk of death or the precipitation of complications or disabilities.
Sec. 3. A person shall not operate a center for the treatment of trauma without first applying for and obtaining the written approval of the administrator of the health division.
Sec. 4. 1. The board shall establish a program for treating persons who require treatment for trauma and for transporting and admitting such persons to centers for the treatment of trauma. The program must provide for the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.
2. The board shall adopt regulations which establish the standards for the designation of hospitals as centers for the treatment of trauma. The board shall consider the standards adopted by the American College of Surgeons for a center for the treatment of trauma as a guide for such regulations.
κ1987 Statutes of Nevada, Page 1043 (CHAPTER 455, SB 35)κ
Surgeons for a center for the treatment of trauma as a guide for such regulations. The administrator of the health division shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless the hospital meets the standards.
3. Upon approval by the administrator of the health division of a proposal to designate a hospital as a center for the treatment of trauma, he shall issue written approval which designates the hospital as such a center. As a condition of continuing designation the hospital must comply with the following requirements:
(a) The hospital must admit any injured person who requires medical care.
(b) Any physician who provides treatment for trauma must be qualified to provide that treatment.
(c) The hospital must maintain the standards specified in the regulations adopted pursuant to subsection 2.
Sec. 5. The board shall adopt regulations which require each hospital to record and maintain information concerning the treatment of trauma in the hospital. The board shall consider the guidelines adopted by the American College of Surgeons which concern the information which must be recorded.
Sec. 6. In addition to the education and training required by this chapter, the health division shall cooperate with the American College of Surgeons to provide training in the treatment of trauma.
Sec. 7. NRS 450B.020 is hereby amended to read as follows:
450B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.030 to 450B.110, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 8. 1. This section and subsections 1 and 2 of section 4 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3, subsection 3 of section 4, and sections 5, 6 and 7 of this act become effective on July 1, 1987.
________
Assembly Bill No. 535Committee on Government Affairs
CHAPTER 456
AN ACT relating to school districts; accelerating the date for preparation of the annual audit of a school district; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds and separate accounts of that local government in banks or savings and loan associations, established under NRS 354.603, [of that local government,] and may provide for more frequent audits as it deems necessary.
κ1987 Statutes of Nevada, Page 1044 (CHAPTER 456, AB 535)κ
and loan associations, established under NRS 354.603, [of that local government,] and may provide for more frequent audits as it deems necessary. [Each] Except as provided in subsection 2, each annual audit must be concluded and the [audit] report of the audit submitted to the governing body as provided in subsection [4] 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause [such an] the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.
2. The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.
3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.
[3.] 4. Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements [,] and any other comments deemed pertinent by the auditor, [and] including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The [audit] report of the audit must compare operations of the local government with the approved budget and include a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous [audit] reports have been acted upon by adoption as recommended, adoption with modifications [,] or rejection.
[4.] 5. The recommendation and the summary of the narrative comments contained in the [audit] report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire [audit] report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The department of taxation; and
(d) In the case of a school [districts,] district, the department of education.
κ1987 Statutes of Nevada, Page 1045 (CHAPTER 456, AB 535)κ
[5.] 6. The governing body shall act upon the recommendations of the report of the audit [recommendations] within 6 months [following] after receipt of the [audit report, except as] report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.
________
Assembly Bill No. 526Committee on Government Affairs
CHAPTER 457
AN ACT relating to public works projects; authorizing a public body to discard after a certain period its record of the employees on a project; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body and its officers or agents awarding a contract shall:
(a) Take cognizance of complaints of violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract; and
(b) When making payments to the contractor of money becoming due under the contract, withhold and retain therefrom all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.
2. No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.
3. It is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the subcontractors failure to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
4. The contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.
5. The record must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. A copy of the record for each calendar month must be sent to the labor commissioner no later than 1 week after the end of the month. The record in the possession of the public body awarding the contract may be discarded by the public body 1 year after final payment is made by the public body for the public work.
κ1987 Statutes of Nevada, Page 1046 (CHAPTER 457, AB 526)κ
possession of the public body awarding the contract may be discarded by the public body 1 year after final payment is made by the public body for the public work.
6. Any contractor or subcontractor, or agent or representative thereof, doing public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
________
Senate Bill No. 347Committee on Commerce and Labor
CHAPTER 458
AN ACT relating to contractors; authorizing the state contractors board to issue subpenas in connection with an investigation of an unlicensed contractor; authorizing the board to issue an order to cease and desist to any unlicensed contractor who submits a bid on a job in this state; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.170 is hereby amended to read as follows:
624.170 1. Any member of the board or the executive officer may take testimony and proofs concerning all matters within the jurisdiction of the board.
2. The board or any member thereof, or the executive officer, may:
(a) Administer oaths.
(b) Certify to all official acts.
(c) Issue subpenas for attendance of witnesses and the production of books and papers [.] in connection with any hearing before the board or any investigation by the board of an unlicensed contractor.
Sec. 2. NRS 624.180 is hereby amended to read as follows:
624.180 1. [In any hearing the] Any process issued by the board or the executive officer may extend to all parts of the state and may be served by an investigator for the board or any person authorized to serve process of courts of record.
2. The board may compensate any person serving the process who is not an investigator for the board, but not more than the fees prescribed by law for similar service. The fees must be paid in the same manner as other expenses of the board are paid.
Sec. 3. NRS 624.190 is hereby amended to read as follows:
624.190 1. The district court in and for the county in which any hearing [may be] or investigation is held by the board [shall have the power to] 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 [.] or the executive officer.
2. In case of the refusal of any witness to attend or testify or produce any papers required by [such] the subpena the board may report to the district court in and for the county in which the hearing [is pending] or investigation will be held by petition, setting forth that [due] :
κ1987 Statutes of Nevada, Page 1047 (CHAPTER 458, SB 347)κ
any papers required by [such] the subpena the board may report to the district court in and for the county in which the hearing [is pending] or investigation will be held by petition, setting forth that [due] :
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers [, and that the] ;
(b) The witness has been subpenaed in the manner prescribed in this chapter [, and that the] ; and
(c) The witness has failed and refused to attend or produce the papers required by subpena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of [such hearing,] the hearing or investigation,
and ask 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 [from] 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 [shall] must be served upon the witness.
4. If it [shall appear] appears to the court that the subpena was regularly issued by the board [,] or the executive officer, the court shall 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] Upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.
Sec. 4. NRS 624.200 is hereby amended to read as follows:
624.200 The board may in any hearing or investigation before it cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of books and papers.
Sec. 5. NRS 624.210 is hereby amended to read as follows:
624.210 Any party to any hearing or investigation before the board [shall have] has the right to the attendance of witnesses in his behalf at [such] the hearing or investigation or upon deposition as set forth in this chapter upon making a request therefor to the board and designating the person [or persons] sought to be subpenaed.
Sec. 6. NRS 624.212 is hereby amended to read as follows:
624.212 1. The board may issue an order to cease and desist to any person [acting] :
(a) Acting as a contractor ; or
(b) Submitting a bid on a job situated in this state,
without a license [.] as a contractor issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.
2. When it appears that any person has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the board may request the district attorney of the county in which the alleged violation occurred, or the district attorney of any other county in which that person maintains a place of business or resides, to apply on behalf of the board to the district court for an injunction restraining him from acting in violation of this chapter, and upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted.
κ1987 Statutes of Nevada, Page 1048 (CHAPTER 458, SB 347)κ
which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the board may request the district attorney of the county in which the alleged violation occurred, or the district attorney of any other county in which that person maintains a place of business or resides, to apply on behalf of the board to the district court for an injunction restraining him from acting in violation of this chapter, and upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The board as plaintiff in [any such] the action is not required to prove any irreparable injury.
3. If the court finds that the person willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.
________
Senate Bill No. 182Committee on Commerce and Labor
CHAPTER 459
AN ACT relating to real estate; increasing the showing required to be made by a person filing a petition for recovery from the real estate education, research and recovery fund; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645.844 is hereby amended to read as follows:
645.844 1. Except as otherwise provided in subsection 2, when any person obtains a final judgment in any court of competent jurisdiction against any licensee or licensees under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter, that person, upon termination of all proceedings, including appeals in connection with any judgment, may file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of the unpaid actual damages included in the judgment, but not more than $10,000 per judgment. The liability of the fund does not exceed $20,000 for any person licensed pursuant to this chapter, whether he is licensed as a partnership, association or corporation or as a natural person, or both. The petition must state the grounds which entitle the person to recover from the fund.
2. A person who is licensed pursuant to this chapter may not recover from the fund for damages which are related to a transaction in which he acted in his capacity as a licensee.
3. A copy of the:
(a) Petition;
(b) Judgment;
(c) Complaint upon which the judgment was entered; and
κ1987 Statutes of Nevada, Page 1049 (CHAPTER 459, SB 182)κ
(d) Writ of execution which was returned unsatisfied,
must be served upon the administrator and the judgment debtor and affidavits of service must be filed with the court.
4. Upon the hearing on the petition, the petitioner [shall] must show that:
(a) He is not the spouse of the debtor, or the personal representative of that spouse.
(b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof, the amount owing thereon at the date of the petition, and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.
(d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment [.
(f)] , and after reasonable efforts that no property or assets could be found or levied upon in satisfaction of the judgment.
(f) He has made reasonable efforts to recover damages from each and every judgment debtor.
(g) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
5. The provisions of this section do not apply to owner-developers.
________
Assembly Bill No. 738Committee on Ways and Means
CHAPTER 460
AN ACT relating to children; authorizing programs during the day for the supervision of youthful offenders who are paroled; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 210.750 is hereby amended to read as follows:
210.750 1. Each person who is paroled from the Nevada youth training center or the Nevada girls training center must be placed in a reputable home and in either an educational or work program or both. The chief of the youth parole bureau may pay the expenses incurred in providing [the home] alternative placements for residential programs and for structured nonresidential programs from money appropriated to the bureau for that purpose.
κ1987 Statutes of Nevada, Page 1050 (CHAPTER 460, AB 738)κ
youth parole bureau may pay the expenses incurred in providing [the home] alternative placements for residential programs and for structured nonresidential programs from money appropriated to the bureau for that purpose.
2. The chief may accept money of parolees for safekeeping pending their discharges from parole. The chief must deposit the money in federally insured accounts in banks or savings and loan associations. He shall keep or cause to be kept a fair and full account of the money, and shall submit such reports concerning the accounts to the administrator of the youth services division of the department of human resources as the administrator may require . [from time to time.]
3. When any person so paroled has proven his ability to make an acceptable adjustment outside the center or, in the opinion of the chief, is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.
4. Before the chief recommends that the committing court revoke a persons parole, he shall ascertain from the superintendent of the appropriate center whether adequate facilities remain available at the center to provide the necessary care for the person. If the superintendent advises that there are not such facilities available, there is not enough money available for support of the person at the center, or that the person is not suitable for admission to the center, the chief shall report that fact to the court and recommend a suitable alternative.
________
Assembly Bill No. 674Committee on Government Affairs
CHAPTER 461
AN ACT relating to cities; authorizing the reading of ordinances proposed by certain cities by title only in lieu of reading in full before final passage; requiring that copies of the ordinance be made available for public examination; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.115 is hereby amended to read as follows:
266.115 1. The style of ordinances must be as follows: The City Council of the City of ......................... do ordain. All proposed ordinances, when first proposed, must be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which [at least one copy] an adequate number of copies of the ordinance must be [filed] deposited with the city clerk for public examination [.]
κ1987 Statutes of Nevada, Page 1051 (CHAPTER 461, AB 674)κ
clerk for public examination [.] and distribution upon request. Notice of the [filing,] deposit of the copies, together with an adequate summary of the ordinance, must be published once in a newspaper published in the city, if any, otherwise in some newspaper published in the county which has a general circulation in the city, at least 10 days before the adoption of the ordinance. At any meeting at which final action on the ordinance is considered, at least one copy of the ordinance must be available for public examination. The city council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days after the date of publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.
2. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance bank to the council, and thereafter it must be read by title and summary or in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance must be finally voted upon or action on it postponed.
3. After final adoption the ordinance must be signed by the mayor, and, together with the votes cast on it, must be:
(a) Published by title, together with an adequate summary including any amendments, once in a newspaper published in the city, if any, otherwise in a newspaper published in the county and having a general circulation in the city; and
(b) Posted in full in the city hall.
The ordinance must go into effect 20 days after its publication, except emergency ordinances which may be effective immediately.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 460Committee on Judiciary
CHAPTER 462
AN ACT relating to law enforcement agencies; requiring law enforcement agencies to release photographs and documentation of accidents under certain circumstances; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 248 of NRS is hereby amended by adding thereto a new section to read as follows:
A sheriff shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the sheriffs office that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
κ1987 Statutes of Nevada, Page 1052 (CHAPTER 462, AB 460)κ
with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the sheriffs office that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
Sec. 2. Chapter 258 of NRS is hereby amended by adding thereto a new section to read as follows:
A constable shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the constables office that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
A police department or other law enforcement agency of a city shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
Sec. 4. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
A police department or other law enforcement agency of a town shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
Sec. 5. Chapter 280 of NRS is hereby amended by adding thereto a new section to read as follows:
A metropolitan police department shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
Sec. 6. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The police department for the University of Nevada System shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
κ1987 Statutes of Nevada, Page 1053 (CHAPTER 462, AB 460)κ
reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
Sec. 7. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
The Nevada highway patrol and the investigation division shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the highway patrol or investigation division that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
________
Senate Bill No. 439Senators Redelsperger, Coffin, Jacobsen, Rhoads and Shaffer
CHAPTER 463
AN ACT relating to liquefied petroleum gas; requiring the board for the regulation of liquefied petroleum gas to post the agendas of its meetings at certain locations; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.495 is hereby amended to read as follows:
590.495 1. The board may hold three regular meetings per year in the months of March, July and November at such times and at such places as may be specified by a call of the chairman.
2. Special meetings may be held at such times and places as may be specified by a call of the chairman or a majority of the board.
3. At the regular meeting in March of each year, the board shall elect, by majority vote, a chairman, vice chairman and secretary-treasurer, who shall hold their respective offices for a period of 1 year and are thereafter ineligible to be reelected to the same office for the next ensuing year.
4. Three members of the board constitute a quorum, and may exercise all the power and authority conferred on the board.
5. [All notices or calls for regular or special meetings of the board must be given at least 2 days before the meeting specified.] In addition to any other notice, the board shall post the agenda of each meeting in:
(a) The county seat of each county in this state; and
κ1987 Statutes of Nevada, Page 1054 (CHAPTER 463, SB 439)κ
(b) Each city or town,
in which a project identified on the agenda is located.
________
Assembly Bill No. 760Committee on Health and Welfare
CHAPTER 464
AN ACT relating to public health; requiring the health division of the department of human resources to disclose the results of certain inspections concerning facilities for skilled nursing, facilities for intermediate care and residential facilities for groups; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.200 is hereby amended to read as follows:
449.200 [Information received by the health division and records kept under the provisions of NRS 449.001 to 449.240, inclusive, are confidential and shall be disclosed only to the state comprehensive health planning agency or in a proceeding involving the granting or revocation of a license, or the accreditation of a hospital by the Joint Commission on Accreditation of Hospitals.] The health division shall, upon request, disclose to any person or governmental entity the results of its inspections of facilities for skilled nursing, facilities for intermediate care and residential facilities for groups regarding their compliance with applicable regulations and standards.
________
Assembly Bill No. 205Committee on Judiciary
CHAPTER 465
AN ACT relating to business associations; increasing certain fees collected by the secretary of state; providing a method for calculating fees paid by certain insurers; providing an alternate method for service of process upon a corporation; prohibiting a corporation from using the same or a similar name to one held by a limited partnership; providing for the registration of the names of certain foreign corporations and certain limited partnerships; reducing the time within which an annulled corporation may apply for reinstatement; reducing the period for which a name may be reserved by a limited partnership; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 78.035 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1055 (CHAPTER 465, AB 205)κ
78.035 The certificate or articles of incorporation must set forth:
1. The name of the corporation . [, which must not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in NRS 78.040, unless the written acknowledged consent of the other corporation or person for whom the name is reserved to the adoption of the name is filed with the articles.] A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name except with an additional word or words such as Incorporated, Limited, Inc., Ltd., Company, Co., Corporation, Corp., or other word which identifies it as not being a natural person.
2. The name of the county, and the city or town, and the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable, and if not so described as to be easily located within the county, city or town, the secretary of state shall refuse to issue his certificate until the location is marked and established.
3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It is sufficient to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such a statement makes all lawful activities within the objects or purposes of the corporation.
4. The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of shares, if any, which are to have a par value, and the par value of each thereof, and the number of shares which are to be without par value. If the corporation is to issue more than one class of stock, there must be set forth therein a statement that more than one class of stock is authorized, whether each class is preferred, special or common, and the total number of shares of each class of stock which the corporation may issue. If the corporation is to issue any class or series of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or series, there must be set forth in the certificate or articles of incorporation the limits, if any, of variation between the respective classes or series of each class, as to designation, voting, amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion rights or other variations, but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine the designations, rights, preferences or other variations of each class or series within each class as provided in NRS 78.195.
5. Whether the members of the governing board must be styled directors or trustees of the corporation, and the number, names and post office addresses of the first board of directors or trustees, together with any desired provisions relative to the right to change the number of directors as provided in NRS 78.115.
κ1987 Statutes of Nevada, Page 1056 (CHAPTER 465, AB 205)κ
addresses of the first board of directors or trustees, together with any desired provisions relative to the right to change the number of directors as provided in NRS 78.115.
6. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in is subject to assessment to pay the debts of the corporation. Unless provision is made in the original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock and no stock issued as fully paid up, may ever be assessed, and the articles of incorporation must not be amended in this particular.
7. The name and post office address of each of the incorporators signing the certificate or articles of incorporation.
8. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.
Sec. 2. NRS 78.039 is hereby amended to read as follows:
78.039 [The]
1. Except as otherwise provided in subsection 2, the secretary of state shall refuse to accept for filing in his office the articles or certificate of incorporation of any corporation whose name is the same as or deceptively similar to [the] :
(a) The name of any other corporation formed or incorporated in this state [or of] ;
(b) The name of any foreign corporation authorized to transact business in this state [or a] ;
(c) A name held reserved [and unavailable] pursuant to NRS 78.040 [.] ;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name held reserved pursuant to NRS 88.325.
2. The secretary of state shall accept for filing in his office the articles or certificate of a corporation whose name is:
(a) Deceptively similar to that used by or reserved for another entity formed or authorized to transact business in this state; or
(b) The same as that used by a foreign corporation or foreign limited partnership authorized to transact business in this state, or reserved for such a use pursuant to NRS 88.325,
if the written acknowledged consent of the other entity to the use of the name accompanies the articles or certificate.
Sec. 3. NRS 78.040 is hereby amended to read as follows:
78.040 1. The secretary of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available [, under subsection 1 of NRS 78.035,] under NRS 78.039, for the use of any proposed corporation. During the period, a name so reserved is not available for use by any corporation without the consent of the person , [or persons,] firm or corporation at whose request the reservation was made.
2. The use by any corporation of a name in violation of [subsection 1 of NRS 78.035] NRS 78.039 or subsection 1 of this section may be enjoined, notwithstanding the fact that the certificate or articles of incorporation of the corporation may have been filed by the secretary of state.
κ1987 Statutes of Nevada, Page 1057 (CHAPTER 465, AB 205)κ
notwithstanding the fact that the certificate or articles of incorporation of the corporation may have been filed by the secretary of state.
Sec. 4. NRS 78.090 is hereby amended to read as follows:
78.090 1. Every corporation shall have a resident agent, who may be either [an individual] a natural person or a corporation, resident or located in this state, in charge of its principal office.
2. Every [such] resident agent shall, within 10 days after acceptance of an initial appointment as such, file a certificate thereof in the office of the secretary of state, and a copy of [such] that certificate in the office of the county clerk of the county in which the principal office of the corporation in this state [shall be] is located.
3. The resident agent may be any bank or banking corporation, or other corporation, located and doing business in this state, and any such bank or [any such] corporation acting as resident agent may:
(a) Act as the fiscal or transfer agent of any state, municipality, body politic, or corporation and in [such] that capacity may receive and disburse money.
(b) Transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness and act as agent of any corporation, foreign or domestic, for any purpose [now or hereafter] required by statute, or otherwise.
(c) Act as trustee under any mortgage or bond issued by any municipality, body politic, or corporation and accept and execute any other municipal or corporate trust not inconsistent with the laws of this state.
(d) Receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between the corporation and those dealing with it.
4. Every corporation organized under this chapter that fails or refuses to comply with the requirements of this section, for a period of 30 days, [shall be] is subject to a fine of not less than $100 nor more than $500, to be recovered with costs by the state, before any court of competent jurisdiction, by action at law to be prosecuted by the attorney general or by the district attorney of the county in which [such] the action or proceeding to recover [such] the fine is prosecuted.
5. All legal process and any demand or notice authorized by law to be served upon a corporation may be served upon the resident agent of the corporation in the manner provided in subsection 2 of NRS 14.020. [This manner and mode] If any demand, notice or legal process, other than a summons and complaint, cannot be served upon the resident agent, it may be served in the manner provided in NRS 14.030. These manners and modes of service [is] are in addition to any other service authorized by law.
Sec. 5. NRS 78.185 is hereby amended to read as follows:
78.185 [In all cases where]
1. Except as otherwise provided in subsection 2, if any corporation is suspended from doing business under the provisions of this chapter [, or shall have heretofore been suspended from doing business under the provisions of] or any previous act of the legislature of Nevada [, and the corporate name of such corporation shall have been legally acquired by another corporation prior to] and the name of the corporation, or one deceptively similar to it, has been:
κ1987 Statutes of Nevada, Page 1058 (CHAPTER 465, AB 205)κ
corporate name of such corporation shall have been legally acquired by another corporation prior to] and the name of the corporation, or one deceptively similar to it, has been:
(a) Legally acquired by another corporation or a limited partnership; or
(b) Reserved for the use of a proposed corporation or limited partnership, before the application for reinstatement of [such] the defaulting corporation, [such] the defaulting corporation shall , in its application for reinstatement , submit to the secretary of state some other name under which it desires its corporate existence to be reinstated. If [such] that name is sufficiently distinctive and different from [all existing corporations,] any name reserved or otherwise in use, the secretary of state shall issue to [such] the defaulting corporation a certificate of reinstatement under [such] that new name.
2. If the defaulting corporation submits the written consent of the entity reserving or using a name which is the same as or similar to the defaulting corporations old name or a new name it has submitted, it may be reinstated under that name even though it is:
(a) The same as or deceptively similar to the name used by a foreign corporation or foreign limited partnership doing business in Nevada; or
(b) Deceptively similar to the name used by, or reserved to be used by, a domestic corporation or domestic limited partnership.
Sec. 6. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of a corporations principal office or resident agent, or a new designation of resident agent following a resignation, death or removal from the state of the resident agent previously designated, is $10.
2. The fee for filing a designation of resident agent, other than as provided in NRS 78.160, is $25.
3. The fee for certifying articles of incorporation where a copy is provided is $5.
4. The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, is $5.
5. The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $5.
6. The fee for certifying the reservation of a corporate name is $5.
7. The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is $10.
8. The fee for executing , certifying or filing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is [$10.
8.] $20.
9. The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.
[9.] 10. The fee for copies made at the office of the secretary of state [from microfiche] is $1 per page.
κ1987 Statutes of Nevada, Page 1059 (CHAPTER 465, AB 205)κ
[10.] 11. The fee for copying and providing the copy of the list of the corporate officers is the fee for copying the necessary pages.
[11.] 12. The fee for filing a certificate of the change of address of a resident agent is $10, plus $1 for each corporation which he represents.
13. The fee for filing articles of incorporation, agreements or certificates of consolidation, certificates of merger or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 78.770, on the basis of the amount of basic surplus of the insurer.
Sec. 7. Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A corporation or insurance association transacting business pursuant to NRS 80.240 without qualification or compliance with the provisions of NRS 80.010 to 80.230, inclusive, shall register its name with the secretary of state by filing a certificate of registration and paying a fee of $25.
2. The secretary of state shall not accept such a certificate if the name is the same as or deceptively similar to:
(a) The name of any corporation formed or incorporated in this state;
(b) The name of any other foreign corporation authorized to transact business within this state;
(c) A name reserved for the use of any proposed corporation;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name reserved for the use of any proposed limited partnership,
unless the written acknowledged consent of the corporation or limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the certificate.
3. Such a certificate of registration expires 1 year after it is filed with the secretary of state and may be renewed by filing a certificate of renewal with the secretary of state and paying a fee of $15.
4. If such a certificate is not renewed within 30 days after its expiration, the secretary of state shall, upon receipt of the appropriate certificate and applicable fee, accept registration of that name by any other person desiring to do so.
Sec. 8. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which enters this state for the purpose of doing business must file:
(a) In the office of the secretary of state of Nevada:
(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached thereto.
κ1987 Statutes of Nevada, Page 1060 (CHAPTER 465, AB 205)κ
language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached thereto.
(2) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:
(I) The name and address of its resident agent in this state, who must be a natural person residing in, or another corporation with its principal office located in this state;
(II) As of a date not earlier than 6 months before the date of filing, the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares, as set forth in the articles of incorporation as last amended; and
(III) A general description of the purposes of the corporation.
(b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence certified by the secretary of state.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to [, the] :
(a) The name of any corporation formed or incorporated in this state [or] ;
(b) The name of any other foreign corporation authorized to transact business within this state [or a] ;
(c) A name reserved for the use of any proposed corporation [,] ;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name reserved for the use of any proposed limited partnership,
unless the written acknowledged consent of that other corporation , limited partnership using the name, or of the person for whom the name is reserved , to the adoption of the name is filed with the documents.
Sec. 9. NRS 80.170 is hereby amended to read as follows:
80.170 1. Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) to reinstate any corporation which has forfeited or which forfeits its right to transact business under the provisions of NRS 80.110 to 80.170, inclusive; and
(b) To restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, upon the filing with the secretary of state of an affidavit stating the reason for the forfeiture of its right to transact business, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business.
2. In case payment is made and the secretary of state reinstates the corporation to its former rights he shall:
κ1987 Statutes of Nevada, Page 1061 (CHAPTER 465, AB 205)κ
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement, a copy of which must be filed or microfilmed in the office of the county clerk of the county in which the principal place of business of the corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the right to transact business occurred only by reason of failure to pay the fees, penalties and costs.
4. If the right of a corporation to carry on business in this state has been annulled pursuant to the provisions of NRS 80.160 and has remained annulled for a period of [10] 5 consecutive years, the right is not subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice to the last registered agent of the corporation or to the last president of the corporation. The notice must state the conditions under which reinstatement may be granted before the expiration of the [10-year] 5-year period.
Sec. 10. NRS 81.0095 is hereby amended to read as follows:
81.0095 [If]
1. Except as otherwise provided in subsection 2, if any nonprofit corporation is suspended from doing business under the provisions of this chapter and the name of the corporation , or one deceptively similar to it, is legally acquired by another corporation or a limited partnership or is reserved for its use before the application for reinstatement of the defaulting corporation, it shall, in its application for reinstatement, submit to the secretary of state some other name under which it desires its corporate existence to be reinstated. If that name is sufficiently distinctive and different from the names [of all existing corporations,] reserved or otherwise in use, the secretary of state shall issue to the defaulting corporation a certificate of reinstatement under that new name.
2. If the defaulting nonprofit corporation submits the written consent of the entity reserving or using a name which is the same as or similar to the defaulting corporations old name or a new name it has submitted, it may be reinstated under that name even though it is:
(a) The same as or deceptively similar to the name used by a foreign corporation or foreign limited partnership doing business in Nevada; or
(b) Deceptively similar to the name used by, or reserved to be used by, a domestic corporation or domestic limited partnership.
Sec. 11. NRS 88.320 is hereby amended to read as follows:
88.320 The name of each limited partnership as set forth in its certificate of limited partnership:
κ1987 Statutes of Nevada, Page 1062 (CHAPTER 465, AB 205)κ
1. Must contain without abbreviation the words limited partnership;
2. May not contain the name of a limited partner unless:
(a) It is also the name of a general partner or the corporate name of a corporate general partner; or
(b) The business of the limited partnership had been carried on under that name before the admission of that limited partner; [and]
3. May not be [the same as, or] deceptively similar to, the name [of] reserved or otherwise in use by any corporation or limited partnership organized under the laws of this state or [licensed or registered as a foreign corporation or limited partnership] contemplated to be organized in this state, unless the corporation or limited partnership already bearing or reserving that name files with the secretary of state its written consent to the use of the [same or a] similar name by the limited partnership whose certificate is offered for filing [.] ;
4. May not be the same as the name reserved or otherwise in use by any corporation or limited partnership organized under the laws of this state or contemplated to be organized in this state; and
5. May not be the same as or deceptively similar to the name reserved or otherwise in use by any foreign corporation or foreign limited partnership, unless the foreign corporation or foreign limited partnership already bearing or reserving that name files with the secretary of state its written consent to the use of the same or a similar name by the limited partnership whose certificate is offered for filing.
Sec. 12. NRS 88.325 is hereby amended to read as follows:
88.325 1. The exclusive right to the use of a name may be reserved by:
(a) Any person intending to organize a limited partnership under this chapter and to adopt that name;
(b) Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name;
(c) Any foreign limited partnership intending to register in this state and adopt that name; and
(d) Any person intending to organize a foreign limited partnership and intending to have it registered in this state and adopt that name.
2. The reservation must be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name. If the secretary of state finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve the name for the exclusive use of the applicant for a period of [120 days. Once having so reserved a name, the same applicant may not again reserve the same name until more than 60 days after the expiration of the last 120-day period for which that applicant reserved that name.] 90 days. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
κ1987 Statutes of Nevada, Page 1063 (CHAPTER 465, AB 205)κ
Sec. 13. NRS 680A.230 is hereby amended to read as follows:
680A.230 The general corporation laws of this state [shall] do not apply to foreign insurers holding certificates of authority to transact insurance in this state, except as [required by NRS 80.190.] otherwise provided in NRS 80.190, 80.240 and 80.250 and section 7 of this act.
Sec. 14. 1. A limited partnership formed under any statute of this state before July 1, 1931, may register its name with the secretary of state by filing a certificate of registration and paying a fee of $25.
2. Such a certificate of registration expires 5 years after it is filed with the secretary of state and may be renewed by filing a certificate of renewal with the secretary of state and paying a fee of $15.
3. If the name is not registered or the certificate of registration is not renewed within 30 days after its expiration, the secretary of state shall, upon receipt of the appropriate certificate and applicable fee, accept registration of that name by any other person desiring to do so.
Sec. 15. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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Assembly Bill No. 308Assemblymen Porter, Schofield, Arberry, Freeman, Spinello, Callister, Sader, Gaston, Haller, Adler, Craddock, Wendell Williams, Kissam, Wisdom, Myrna Williams, Thomas, DuBois, Brookman, Nevin, May, Fay, Sedway, Swain, Garner, Dini, Thompson, Nicholas, McGaughey, Kerns, Carpenter, Bergevin, Price, Evans, Getto and Humke
CHAPTER 466
AN ACT relating to contracts of insurance; prohibiting an insurer from canceling, refusing to renew or increasing the premium for certain policies as a result of claims for which the insured was not at fault; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of casualty or property insurance as a result of any claims made under the policy with respect to which the insured was not at fault.
Sec. 2. NRS 687B.310 is hereby amended to read as follows:
687B.310 1. NRS 687B.310 to 687B.390, inclusive, and section 1 of this act apply to all binders and all contracts of insurance the general terms of which are required to be approved or are subject to disapproval by the commissioner, except as otherwise provided by statute or by rule under subsection 3.
κ1987 Statutes of Nevada, Page 1064 (CHAPTER 466, AB 308)κ
commissioner, except as otherwise provided by statute or by rule under subsection 3.
2. The contract may provide terms more favorable to policyholders than are required by NRS 687B.310 to 687B.390, inclusive [.] , and section 1 of this act.
3. The commissioner may by rule exempt from NRS 687B.310 to 687B.390, inclusive, and section 1 of this act classes of insurance contracts where the policyholders do not need protection against arbitrary termination.
4. The rights provided by NRS 687B.310 to 687B.390, inclusive, and section 1 of this act are in addition to and do not prejudice any other rights the policyholder may have at common law or under other statutes.
5. NRS 687B.310 to 687B.390, inclusive, and section 1 of this act do not prevent the rescission or reformation of any life or health insurance contract not otherwise denied by the terms of the contract or by any other statute.
6. Any notice to an insured required pursuant to NRS 687B.320 to 687B.350, inclusive, must be personally delivered to the insured or mailed first class or certified to the insured at his address last known by the insurer. The notice must state the effective date of the cancellation or nonrenewal and be accompanied by a written explanation of the specific reasons for the cancellation or nonrenewal.
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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Assembly Bill No. 546Committee on Transportation
CHAPTER 467
AN ACT relating to motor vehicles; limiting the class of persons who may rent or lease space for others to display for sale any motor vehicle; providing a penalty; repealing the requirement that the suggested retail price of a new truck or van be displayed; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not rent or lease space for others to display for sale any vehicle unless the:
(a) Tenant or lessee is:
(1) The lienholder, owner or registered owner of the vehicle; or
(2) A repossessor of the vehicle or the holder of a statutory lien on the vehicle, selling the vehicle on the basis of bids received; and
κ1987 Statutes of Nevada, Page 1065 (CHAPTER 467, AB 546)κ
(b) Landlord or lessor is a manufacturer, distributor, rebuilder, lessor or dealer licensed under the provisions of this chapter.
2. The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by specific statute.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 598.793 is hereby repealed.
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Assembly Bill No. 749Committee on Judiciary
CHAPTER 468
AN ACT relating to insolvent insurers; revising the definition of the claims that the Nevada insurance guaranty association is obligated to pay or defend; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687A.033 is hereby amended to read as follows:
687A.033 1. Covered claim means an unpaid claim or judgment, excluding a claim for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer which becomes an insolvent insurer if one of the following conditions exists:
(a) The claimant or insured , if a natural person, is a resident of this state at the time of the insured event.
(b) The claimant or insured, if other than a natural person, maintains its principal place of business in this state at the time of the insured event.
(c) The property from which the claim arises is permanently located in this state.
2. The term does not include:
(a) Any amount due any reinsurer, insurer, insurance pool or underwriting association, as subrogation recoveries or otherwise.
(b) That part of a loss which would not be payable because of a provision for a deductible in the policy.
(c) Any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer.
(d) Any obligation to make a supplementary payment for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
κ1987 Statutes of Nevada, Page 1066 (CHAPTER 468, AB 749)κ
incurred by the insolvent insurer before the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
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Assembly Bill No. 302Committee on Judiciary
CHAPTER 469
AN ACT relating to civil liability; limiting the liability of volunteers of certain charitable organizations; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a volunteer of a charitable organization is immune from liability for civil damages as a result of an act or omission:
(a) Of an agent of the charitable organization; or
(b) Concerning services he performs for the charitable organization that are not supervisory in nature and are not part of any duties or responsibilities he may have as an officer, director or trustee of the charitable organization, unless his act is intentional, willful, wanton or malicious.
2. This section does not restrict the liability of a charitable organization for the acts or omissions of a volunteer performing services on its behalf.
3. As used in this section:
(a) Agent means an officer, director, trustee or employee, whether or not compensated, or a volunteer;
(b) Charitable organization means a nonprofit corporation, association or organization, or a licensed medical facility or facility for the dependent, but does not include a fire department, law enforcement agency or auxiliary thereof; and
(c) Volunteer means an officer, director, trustee or other person who performs services without compensation, other than reimbursement for actual and necessary expenses on behalf of or to benefit a charitable organization.
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κ1987 Statutes of Nevada, Page 1067κ
Assembly Bill No. 811Committee on Commerce
CHAPTER 470
AN ACT relating to insurance; revising the provisions governing unfair practices of insurers; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 686A.310 is hereby amended to read as follows:
686A.310 1. Engaging in any of the following activities [with such frequency as to indicate a general business practice shall be] is considered to be an unfair [claims settlement practice:
1.] practice:
(a) Misrepresenting to insureds or claimants pertinent facts or insurance policy provisions relating to any coverage at issue.
[2.] (b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
[3.] (c) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.
[4.] (d) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.
[5.] (e) Failing to effectuate prompt, fair and equitable settlements of claims in which liability of the insurer has become reasonably clear.
[6.] (f) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds, when [such] the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.
[7.] (g) Attempting to settle a claim by an insured for less than the amount to which a reasonable [man] person would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application.
[8.] (h) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured, his representative, agent or broker.
[9. Failing, after]
(i) Failing, upon payment of a claim, to inform insured or beneficiaries [, upon request by them,] of the coverage under which payment [has been made.
10.] is made.
(j) Making known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
κ1987 Statutes of Nevada, Page 1068 (CHAPTER 470, AB 811)κ
purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
[11.] (k) Delaying the investigation or payment of claims by requiring an insured or a claimant, or the physician of either, to submit a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.
[12.] (l) Failing to settle claims promptly, where liability has become [apparent,] reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
(m) Failing to comply with the provisions of NRS 687B.310 to 687B.390, inclusive.
(n) Failing to provide promptly to an insured a reasonable explanation of the basis in the insurance policy, with respect to the facts of the insureds claim and the applicable law, for the denial of his claim or for an offer to settle or compromise his claim.
(o) Advising an insured or claimant not to seek legal counsel.
(p) Misleading an insured or claimant concerning any applicable statute of limitations.
2. In addition to any rights or remedies available to the commissioner, an insurer is liable to its insured for any damages sustained by the insured as a result of the commission of any act set forth in subsection 1 as an unfair practice.
________
Senate Bill No. 429Committee on Commerce and Labor
CHAPTER 471
AN ACT relating to cosmetology; making various changes regarding the board and licensure; making certain technical clarifications; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 644.023 is hereby amended to read as follows:
644.023 Cosmetologist means a person who engages in the practices of:
1. Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Cutting, trimming or shaping the hair.
3. Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
κ1987 Statutes of Nevada, Page 1069 (CHAPTER 471, SB 429)κ
tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
4. Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, waxing or tweezers [.] , except for the permanent removal of hair with needles.
5. Manicuring the nails of any person.
6. Beautifying [, massaging, cleansing or stimulating the face, neck, arms, bust or upper part of the human body, except the hair and scalp,] or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions [or creams.] , creams or any device, electrical or otherwise, for the care of the skin.
7. Giving facials or skin care or applying makeup or eyelashes to any person.
Sec. 2. NRS 644.0267 is hereby amended to read as follows:
644.0267 Facility for demonstrations means any premises, building or part of a building where cosmetics are demonstrated . [by a demonstrator.]
Sec. 3. NRS 644.060 is hereby amended to read as follows:
644.060 The members of the board shall annually elect a president, a vice president, a treasurer and a secretary from among their number. The members may assign the duties of the treasurer and the secretary to one person who shall be treasurer and secretary.
Sec. 4. NRS 644.203 is hereby amended to read as follows:
644.203 The board shall admit to examination for a license as an electrologist any person who has made application to the board in the proper form and paid the fee, and who before or on the date set for the examination:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. Has successfully completed the 12th grade in school or its equivalent.
4. Has or has completed any one of the following:
(a) A minimum training of [1,000] 500 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.
(b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed pursuant to this chapter, in an approved program for electrologists apprentices.
(c) A valid electrologists license issued by a state whose licensing requirements are equal to or greater than those of this state.
(d) Either training or practice, or a combination of training and practice, in [electrolysis] electrology outside this state for a period specified by regulations of the board.
Sec. 5. NRS 644.290 is hereby amended to read as follows:
644.290 1. The holder of a license issued by the board to practice any branch of cosmetology must display the license [:
κ1987 Statutes of Nevada, Page 1070 (CHAPTER 471, SB 429)κ
(a) In] in plain view of the public [in his place of business or place of employment; or
(b) At] at the position where he performs his work . [, if he leases space from the owner of a cosmetological establishment.]
2. If a person practices cosmetology in more than one place, he must carry his license with him and display it wherever he is actually working.
Sec. 6. NRS 644.325 is hereby amended to read as follows:
644.325 1. An application for renewal of any license issued pursuant to this chapter must be:
(a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires; and
(b) Accompanied by the fee for renewal.
2. The fees for renewal are:
(a) For manicurists, electrologists, aestheticians, cosmetologists and demonstrators, not less than $30 and not more than $50.
(b) For instructors, not less than $40 and not more than $60.
(c) For cosmetological establishments, not less than $60 and not more than $100.
(d) For schools of cosmetology, not less than $450 and not more than $500.
(e) For facilities for demonstrations, $60.
3. For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a [cosmetologist, instructor, demonstrator and cosmetological establishment.] cosmetological establishment, facility for demonstration, and all persons licensed pursuant to this chapter.
4. An application for renewal of a license as a cosmetologist, aesthetician, electrologist, manicurist, instructor or demonstrator must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.
Sec. 7. NRS 644.350 is hereby amended to read as follows:
644.350 1. The license of every cosmetological establishment expires on July 1 [after its issuance or renewal.] of the next succeeding odd-numbered year.
2. If a cosmetological establishment fails to pay the required fee by October 1 of the year in which renewal of the license is required, the establishment must be immediately closed.
Sec. 8. NRS 644.360 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the board to operate a cosmetological establishment or a facility for demonstrations shall display the license in a conspicuous place in the principal office or place of business of the holder.
2. The operator of a cosmetological establishment shall employ only licensed manicurists, electrologists, aestheticians and cosmetologists at his establishment.
κ1987 Statutes of Nevada, Page 1071 (CHAPTER 471, SB 429)κ
licensed manicurists, electrologists, aestheticians and cosmetologists at his establishment.
3. The owner of a facility for demonstrations shall employ only [licensed demonstrators.] persons licensed pursuant to this chapter.
Sec. 9. NRS 644.425 is hereby amended to read as follows:
644.425 1. The board may grant a temporary educational permit authorizing a [person] current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques [for styling of hair, dyeing hair and makeup] for the benefit and instruction of cosmetologists, aestheticians, electrologists and manicurists licensed under this chapter, and [cosmetologists] electrologists apprentices and students enrolled in licensed schools of cosmetology.
2. The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a permit under this section only if he:
(a) Applies to the board for the permit;
(b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes; and
(c) Pays a fee of not less than $10 and not more than $25.
Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.
4. The provisions of this section do not apply to demonstrators licensed under this chapter.
5. It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than cosmetologists, aestheticians, electrologists and manicurists licensed under this chapter, and [cosmetologists] electrologists apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
Sec. 10. NRS 644.470 is hereby amended to read as follows:
644.470 Nothing in this chapter [shall authorize] :
1. Authorizes the use of any X-ray machine in the treatment of the scalp or in the removal of superfluous hair [, or permit] ; or
2. Permits the local application of carbolic acid [(phenol) in a solution or mixture of more than 10 percent,] or corrosive [sublimate (mercury), or its preparation or] sublimates or their derivatives or compounds [, in a stronger solution or preparation than 1 to 500.] , salicylic acid, resorcinol, or any other corrosive substance for the purpose of peeling skin. Any implantation of permanent pigment into the skin is prohibited.
κ1987 Statutes of Nevada, Page 1072 (CHAPTER 471, SB 429)κ
of permanent pigment into the skin is prohibited. A violation of the provisions of this section [shall constitute] constitutes a misdemeanor.
________
Senate Bill No. 336Committee on Transportation
CHAPTER 472
AN ACT relating to traffic laws; revising the provisions governing the establishment of roadblocks by the police; providing penalties; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Administrative roadblock means any structure, device or means used by police officers to control all traffic through a point on the highway whereby all vehicles may be slowed or stopped for a lawful purpose other than identifying the occupants of the vehicles or an emergency.
Sec. 3. Temporary roadblock means any structure, device or means used by police officers to control traffic at a place on a highway whereby vehicles may be slowed or stopped:
1. To identify the occupants of those vehicles: or
2. Because of the existence of an emergency.
Sec. 4. 1. The police officers in this state may establish, in their respective jurisdictions, or in other jurisdictions within this state, temporary roadblocks upon the highways of this state:
(a) To apprehend persons known to be wanted for violation of the laws of this state, another state or the United States, and using the highways of this state for the purpose of escape; or
(b) To control traffic at or near the scene of a potential or existing emergency or hazard.
2. To warn and protect the traveling public, temporary roadblocks established by police officers must meet the following requirements:
(a) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.
(b) At the point of the temporary roadblock, an authorized emergency vehicle, plainly and clearly marked as such and with its warning lights in operation, must be placed so as to be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards. When so placed, at least one of the vehicles flashing red lights must be visible to approaching traffic at a distance of not less than 100 yards.
(c) At the same point of the temporary roadblock, sufficient cones, reflectors, burning flares or similar devices must be in place to identify the point of the roadblock and direct, as necessary, the path to be followed by a vehicle approaching the roadblock.
κ1987 Statutes of Nevada, Page 1073 (CHAPTER 472, SB 336)κ
reflectors, burning flares or similar devices must be in place to identify the point of the roadblock and direct, as necessary, the path to be followed by a vehicle approaching the roadblock. The devices, when in place, must be clearly visible to traffic affected by the roadblock at a distance of not less than 100 yards.
(d) At a point located not less than 200 years, but not more than 400 yards, from the point of the temporary roadblock, cones, reflectors, burning flares or similar devices must be placed on both shoulders of the highway and near the centerline of the highway to warn traffic that a condition hazardous to traffic exists in the immediate vicinity.
Sec. 5. The provisions of NRS 484.359 and section 4 of this act do not limit the existing authority of police officers in the performance of their duties involving traffic control.
Sec. 6. 1. It is unlawful for any person to:
(a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself to the traffic control established at the roadblock.
(b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.
2. Any person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:
(a) If he is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more the $5,000, or by both fine and imprisonment.
(b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross misdemeanor.
Sec. 7. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.015 to 484.217, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 484.359 is hereby amended to read as follows:
484.359 1. [For the purpose of this section, a temporary roadblock means any structure, device or means used by police officers for the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.
2.] The police officers in this state may establish, in their respective jurisdictions, [or in other jurisdictions within the state, temporary] administrative roadblocks upon the highways of this state [for the purpose of apprehending persons known to such officers to be wanted for violation of the laws of this state, or of any other state, or of the United States, and using the highways of this state for the purpose of escape.
3. For the purpose of warning and protecting] for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.
κ1987 Statutes of Nevada, Page 1074 (CHAPTER 472, SB 336)κ
2. To warn and protect the traveling public, [the minimum requirements to be met by such officers establishing temporary roadblocks are:] administrative roadblocks established by police officers must meet the following requirements:
(a) The [temporary roadblock shall] administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 years in either direction.
(b) At the point of the [temporary] administrative roadblock, a sign [shall] must be placed [on] near the centerline of the highway displaying the word Stop in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards [, in both directions,] in the direction affected by the roadblock, either in daytime or darkness.
(c) At the same point of the [temporary] administrative roadblock, at least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, [which shall be a flashing or intermittent beam of light,] clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the [temporary] administrative roadblock, warning signs [shall] must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a police stop lies ahead. A burning beam light, flare or lantern [shall] must be placed near [such signs for the purpose of attracting] the signs to attract the attention of the traffic to the sign.
[4. This section does not limit the existing authority of police officers in the performance of their duties involving traffic control.
5. It is unlawful for any person to proceed or travel through a roadblock without subjecting himself to the traffic control so established.]
________
Senate Bill No. 221Committee on Judiciary
CHAPTER 473
AN ACT relating to property; making assorted changes in the law relating to the sale of interests in property; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Property report means a report, issued by the administrator pursuant to the provisions of this chapter, which authorizes a developer to offer to sell or sell an interest in a subdivision and contains the disclosures required in NRS 119.182.
κ1987 Statutes of Nevada, Page 1075 (CHAPTER 473, SB 221)κ
offer to sell or sell an interest in a subdivision and contains the disclosures required in NRS 119.182.
Sec. 3. Statement of record means the information submitted to the administrator by the developer in its application for a permit to offer to sell or sell an interest in a subdivision.
Sec. 4. 1. A developers permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include any change that has occurred in the information previously provided to the administrator or in a property report provided to a prospective purchaser pursuant to the provisions of NRS 119.182.
2. The renewal is effective on the 30th day after the filing of the application unless the administrator:
(a) Denies the renewal; or
(b) Approves the renewal on an earlier date.
Sec. 5. NRS 119.010 is hereby amended to read as follows:
119.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119.015 to 119.112, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in [such] those sections.
Sec. 6. NRS 119.160 is hereby amended to read as follows:
119.160 1. The administrator of the division shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a [public] property report authorizing the sale or lease, or the offer for sale or lease, in this state of the lots or parcels in the subdivision. The report must contain the data obtained in accordance with NRS 119.140 and which the administrator determines are necessary to [implement] carry out the purposes of this chapter. The administrator may publish the report.
2. The grounds for denial are:
(a) Failure to comply with any of the provisions in this chapter or the rules and regulations of the division pertaining thereto.
(b) That the sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
(c) Inability to deliver title or other interest contracted for.
(d) Inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering.
(e) Inability to demonstrate that adequate financial arrangements have been made for any community, recreational or other facilities included in the offering.
(f) Failure to make a showing that the parcels can be used for the purpose for which they are offered.
(g) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.
(h) Agreements or bylaws to provide for management or other services pertaining to common facilities in the offering, which fail to comply with the regulations of the division.
κ1987 Statutes of Nevada, Page 1076 (CHAPTER 473, SB 221)κ
pertaining to common facilities in the offering, which fail to comply with the regulations of the division.
(i) Failure to demonstrate that adequate financial arrangements have been made for any guaranty or warranty included in the offering.
3. If the administrator of the division finds that grounds for denial exist, he shall issue an order so stating to the owner or subdivider no later than 30 days after receipt of the information required to be filed by NRS 119.130 and 119.140. The administrator may, alternatively, issue a temporary permit to be effective for not more than 6 months from the date of issuance. If the administrator of the division issues an order of denial, the owner or developer may appeal [such] the order to the director of the department of commerce who shall, within 5 days of the receipt of [such] the appeal, determine whether grounds for denial exist. If the director finds that grounds for denial exist, he shall confirm the denial. If the director confirms the denial, the owner or developer may appeal to the real estate commission, which shall conduct a hearing and either confirm the denial or order a license issued within 30 days of the receipt of the appeal.
4. If it appears to the administrator of the division that a statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the administrator shall so advise the developer within a reasonable time after the filing of the statement or the amendment, but [prior to] before the date the statement or amendment would otherwise be effective. This notification serves to suspend the effective date of the statement or the amendment until 30 days after the developer files such additional information as the administrator requires. Any developer, upon receipt of such notice, may request a hearing, and [such] the hearing must be held within 20 days [of] after receipt of [such] the request by the administrator.
Sec. 7. NRS 119.220 is hereby amended to read as follows:
119.220 1. Where any part of the statement of record, when [such] that part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, the administrator or any person acquiring a lot in the subdivision covered by [such] the statement of record from the developer or his agent during [such] the period the statement remained uncorrected (unless it is proved that at the time of [such] the acquisition he knew of [such] the untruth or omission) may sue the developer in any court of competent jurisdiction.
2. Any developer or agent, who sells or leases a lot in a subdivision:
(a) In violation of this chapter; or
(b) By means of a property report which contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein,
may be sued by the administrator or purchaser of [such] the lot.
3. [The] If a suit authorized under subsection 1 or 2 [may be] is brought by the purchaser, he is entitled to recover such damages as represent the difference between the amount paid for the lot and the reasonable cost of any improvements thereto, and the lesser of:
κ1987 Statutes of Nevada, Page 1077 (CHAPTER 473, SB 221)κ
(a) The value thereof as of the time [such] the suit was brought; [or]
(b) The price at which [such] the lot has been disposed of in a bona fide market transaction before suit; or
(c) The price at which [such] the lot has been disposed of after suit in a bona fide market transaction but before judgment [.] ,
or to rescission of the contract of sale and the refund of any consideration paid by him.
4. If a suit authorized under subsection 1 or 2 is brought by the administrator, he may seek a declaration of the court that any person entitled to sue the developer or his agent under this section is entitled to the right of rescission and the refund of any consideration paid by him.
5. Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
[5. In no case shall the amount recoverable under this section exceed the sum of the purchase price of the lot, the reasonable cost of improvements, reasonable appraisers costs, reasonable court costs and reasonable attorneys fees.]
6. Reasonable attorneys fees may be awarded to the prevailing party in any action brought under this section. Any action to rescind a contract of sale under this section must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.
7. The provisions of this section are in addition to and not a substitute for any other right of a person to bring an action in any court for any act involved in the offering or sale of an interest in a subdivision or the right of the state to punish any person for any violation of any law.
Sec. 8. NRS 119.320 is hereby amended to read as follows:
119.320 1. Subject to the provisions of this chapter, the division shall collect the following fees at such times and upon such conditions as it may provide by regulation:
For each annual registered representatives license to represent a developer.............................................................................. $50
For each transfer of a registered representatives license to represent a developer.............................................................................. 10
For each application for a developers [permit for a subdivision or] request for exemption from any provision of this chapter.......... 25
For each developers permit per subdivision........................ 250
For each developers temporary permit for each subdivision 150
For renewal of a developers permit...................................... 250
For each developers partial registration (NRS 119.121)...................... 250
For each amendment to a developers permit (per page). 5
The $250 fee for a developers permit per subdivision does not apply to any subdivision having 34 or fewer lots, parcels, interests or units .
κ1987 Statutes of Nevada, Page 1078 (CHAPTER 473, SB 221)κ
subdivision having 34 or fewer lots, parcels, interests or units . [nor to any subdivision where the lots, parcels, interests or units being offered or disposed of are in excess of 40 acres net size.]
2. At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision and the fee per lot, parcel, interest or unit is only applicable to those lots, parcels, interests or units. The units must be designated in groupings of no less than 5 contiguous units in each group, except that the division [in its discretion] may accept fewer upon request of the developer. If the developer determines to offer additional lots, parcels, interests or units it must so certify to the division and pay the additional fee therefor.
3. With the exception of the fees for a registered representatives license or transfer, the fees enumerated in this section must be reduced by the administrator at such times as, in his judgment, he considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.
Sec. 9. Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 13, inclusive, of this act.
Sec. 10. 1. Where any part of the statement of record, when that part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, the administrator or any person acquiring a time share from the developer or his agent during the period the public offering statement remained uncorrected (unless it is proved that at the time of the acquisition he knew of the untruth or omission) may sue the developer in any court of competent jurisdiction.
2. Any developer or agent who sells a time share:
(a) In violation of this chapter; or
(b) By means of a public offering statement which contained an untrue statement of a material fact required to be stated therein,
may be sued by the administrator or purchaser of the time share.
3. If a suit authorized under subsection 1 or 2 is brought by the purchaser, he is entitled to recover such damages as represent the difference between the amount paid for the time share and the reasonable cost of any permanent improvements thereto, and the lesser of:
(a) The value thereof as of the time the suit was brought;
(b) The price at which the time share has been disposed of in a bona fide market transaction before suit; or
(c) The price at which the time share has been disposed of after suit in a bona fide market transaction but before judgment,
or to rescission of the contract of sale and the refund of any consideration paid by him.
κ1987 Statutes of Nevada, Page 1079 (CHAPTER 473, SB 221)κ
4. If a suit authorized under subsection 1 or 2 is brought by the administrator, he may seek a declaration of the court that any person entitled to sue the developer or his agent under this section is entitled to the right of rescission and the refund of any consideration paid by him.
5. Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
6. Reasonable attorneys fees may be awarded to the prevailing party in any action brought under this section. Any action to rescind a contract of sale under this section must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.
7. The provisions of this section are in addition to and not a substitute for any other right of a person to bring an action in any court for any act involved in the offering or sale of time shares or the right of the state to punish any person for any violation of any law.
8. For the purposes of this section, statement of record means the information submitted to the administrator by the developer in its application for a permit to offer to sell or sell time shares.
Sec. 11. 1. When the administrator ascertains that an association of time-share owners or a developer, if there is no association, is insolvent or in imminent danger of insolvency, or the associations or developers affairs are being mismanaged, he may file a complaint in the district court of the county in which the principal office of the association or developer is located for the appointment of a receiver.
2. Upon appointment, the receiver shall take possession of all the property, business and assets of the association or developer which are located within this state and retain possession of them until further order of the court. The receiver shall make or cause to be made an inventory of the assets and known liabilities of the association or developer. Upon approval of the court, the receiver shall take such other actions as appear necessary and reasonable for the conduct of the business of the association or developer.
3. The inventory made by the receiver and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
4. The expenses of the receiver and compensation of counsel, as well as all expenditures required in any liquidation proceeding, must be fixed by the receiver, subject to the approval of the court, and, upon certification of the receiver, must be paid out of the assets he controls as receiver.
Sec. 12. The terms and conditions of the documents and agreements submitted pursuant to subsection 1 of NRS 119A.300 which relate to the creation and management of the time-share project and to the sale of time shares and to which the applicant or an affiliate of the applicant is a party must be described in the public offering statement and constitute additional terms and conditions of the applicants permit to sell time shares.
κ1987 Statutes of Nevada, Page 1080 (CHAPTER 473, SB 221)κ
must be described in the public offering statement and constitute additional terms and conditions of the applicants permit to sell time shares.
Sec. 13. 1. A permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include the budget of the association of time-share owners or the budget of the developer, if there is no association, and any change that has occurred in the information previously provided to the administrator or in a statement of disclosure provided to a prospective purchaser pursuant to the provisions of NRS 119A.400.
2. The renewal is effective on the 30th day after the filing of the application unless the administrator:
(a) Denies the renewal; or
(b) Approves the renewal on an earlier date.
Sec. 14. NRS 119A.300 is hereby amended to read as follows:
119A.300 Except as provided in NRS 119A.310, the administrator shall issue a public offering statement and a permit to sell time shares to each applicant who:
1. Submits an application, in the manner provided by the division, which includes:
(a) The name and address of the project broker;
(b) A copy of the document in which the time-share project is created;
(c) A preliminary title report for the time-share project and copies of the documents listed as exceptions in the report;
(d) Copies of any other documents which relate to the project, including any contract, agreement or other document to be used [in the sale of time shares;] to establish and maintain an association of time-share owners and to provide for the management of the project;
(e) Copies of instructions for escrow, deeds, sales contracts and any other documents that will be used in the sale of the time shares;
(f) A copy of any proposed trust agreement which establishes a trust for the time-share project;
(g) Documents which show the current assessments for property taxes on the time-share project;
(h) Documents which show compliance with local zoning laws;
(i) If the units in the time-share project are in a condominium project, or other form of community ownership of property, documents which show that use of the units in a time-share project is in compliance with the documents which created the community ownership;
(j) Copies of all documents which will be given to a purchaser who is interested in participating in a program for the exchange of occupancy rights among time-share owners and copies of the documents which show acceptance of the time-share project in such a program;
(k) A copy of the budget or a projection of the operating expenses of the association, if applicable;
(l) A financial statement of the developer; and
κ1987 Statutes of Nevada, Page 1081 (CHAPTER 473, SB 221)κ
(m) Such other information as the division, by regulation, requires; and
2. Pays the fee provided for in this chapter.
Sec. 15. NRS 119A.360 is hereby amended to read as follows:
119A.360 1. The division shall collect the following fees at such times and upon such conditions as it may provide by regulation:
Application fee for preliminary permit to sell time shares........................ $150
Application fee for registration of representative..................................... 50
For renewal of registration of representative............................................. 50
For reinstatement of registration of representative.................................. 25
For each permit to sell time shares, per subdivision................................. 250
For each page of a public offering statement which is amended after the issuance of the report.................................................................................................. 5
For renewal of a permit................................................................................ 250
2. Each developer shall pay an additional fee for each time share he sells in a time-share project over 50 pursuant to the following schedule:
Number of time shares Amount to be
paid per time share
51250................................................................................... $5.00
251500.................................................................................. 4.00
501750.................................................................................. 3.00
7511500................................................................................. 2.50
over 1500................................................................................ 1.00
3. Except for the fees relating to the registration of a representative, the administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.
Sec. 16. NRS 119A.540 is hereby amended to read as follows:
119A.540 1. The association or if there is no association, the developer shall adopt an annual budget for revenues, expenditures and reserves and collect assessments for the expenses of the time-share project from time-share owners. The [initial budget] annual budgets of the association must be submitted to and approved by the division [.] until such time as the association is controlled by members other than the developer.
2. The administrator may require that the association, or if there is no association, the developer provide, at the associations or the developers expense, an opinion from an independent professional consultant as to the sufficiency of the budget to sustain the plan offered by the association or the developer. The association or the developer shall place any money collected for assessments in a trust account.
3. The developer shall pay assessments for any time shares which are unsold or enter into an agreement with the association, on a form approved by the division, to pay the difference between the actual expenses incurred by the association and the amounts payable to the association as assessments by the time-share owners.
κ1987 Statutes of Nevada, Page 1082 (CHAPTER 473, SB 221)κ
by the division, to pay the difference between the actual expenses incurred by the association and the amounts payable to the association as assessments by the time-share owners. The division may require the developer to provide a surety bond or other form of security which is satisfactory to the division, to guarantee payment of the developers obligation.
Sec. 17. Chapter 119B of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 21, inclusive, of this act.
Sec. 18. Public offering statement means a report, issued by the administrator pursuant to the provisions of this chapter, which authorizes a developer to offer to sell memberships in a campground which is the subject of the report.
Sec. 19. 1. Where any part of the statement of record contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, the administrator or any person acquiring a membership from the developer or his agent during the period the public offering statement remained uncorrected (unless it is proved that at the time of the acquisition he knew of the untruth or omission) may sue the developer in any court of competent jurisdiction.
2. Any developer or agent who sells a membership:
(a) In violation of this chapter; or
(b) By means of a public offering statement which contained an untrue statement of a material fact required to be stated therein, may be sued by the administrator or purchaser of the membership.
3. If a suit authorized under subsection 1 or 2 is brought by the purchaser, he is entitled to recover such damages as represent the difference between the amount paid for the membership and the reasonable cost of any permanent improvements thereto, and the lesser of:
(a) The value thereof as of the time the suit was brought;
(b) The price at which the membership has been disposed of in a bona fide market transaction before suit; or
(c) The price at which the membership has been disposed of after suit in a bona fide market transaction but before judgment,
or to rescission of the contract of sale and the refund of any consideration paid by him.
4. If a suit authorized under subsection 1 or 2 is brought by the administrator, he may seek a declaration of the court that any person entitled to sue the developer or his agent under this section is entitled to the right of rescission and the refund of any consideration paid by him.
5. Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
6. Reasonable attorneys fees may be awarded to the prevailing party in any action brought under this section. Any action to rescind a contract of sale under this section must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.
κ1987 Statutes of Nevada, Page 1083 (CHAPTER 473, SB 221)κ
7. The provisions of this section are in addition to and not a substitute for any other right of a person to bring an action in any court for any act involved in the offering or sale of memberships or the right of the state to punish any person for any violation of any law.
8. For the purposes of this section statement of record means the information submitted to the administrator by the developer in its application for a permit to offer to sell memberships in a campground.
Sec. 20. 1. When the administrator ascertains that an association of members or a developer, if there is no association, is insolvent or in imminent danger of insolvency or the associations or developers affairs are being mismanaged, he may file a complaint in the district court of the county in which the principal office of the association or developer is located for the appointment of a receiver.
2. Upon the appointment, the receiver shall take possession of all the property, business and assets of the association or developer which are located within this state and retain possession of them until further order of the court. The receiver shall make or cause to be made an inventory of the assets and known liabilities of the association or developer. Upon approval of the court, the receiver shall take such other actions as appear necessary and reasonable for the conduct of the business of the association or developer.
3. The inventory made by the receiver and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
4. The expenses of the receiver and compensation of counsel, as well as all expenditures required in any liquidation proceeding, must be fixed by the receiver, subject to the approval of the court, and, upon certification of the receiver, must be paid out of the assets he controls as receiver.
Sec. 21. The terms and conditions of the documents and agreements submitted pursuant to subsections 4 and 5 of NRS 119B.130 to which the developer or an affiliate of the developer is a party must be described in the public offering statement and constitute additional terms and conditions of the applicants permit to sell memberships.
Sec. 22. NRS 119B.010 is hereby amended to read as follows:
119B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119B.020 to 119B.100, inclusive, and section 18 of this act, have the meanings ascribed to them in those sections.
Sec. 23. NRS 119B.290 is hereby repealed.
Sec. 24. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1084κ
Assembly Bill No. 835Committee on Transportation
CHAPTER 474
AN ACT relating to motor vehicles; requiring a dealer in motor vehicles to pay off any security interest which is outstanding on any motor vehicle he takes in trade on the purchase of another vehicle; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
If a licensed dealer takes a vehicle in trade on the purchase of another vehicle and there is an outstanding security interest, the licensed dealer shall satisfy the outstanding security interest within 30 days after the vehicle is taken in trade on the purchase of the other vehicle.
Sec. 2. NRS 482.36414 is hereby amended to read as follows:
482.36414 A person who assumes operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, must be licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363, inclusive [.] , and section 1 of this act.
________
Assembly Bill No. 118Committee on Transportation
CHAPTER 475
AN ACT relating to motor vehicles; allowing a person to establish proof of financial responsibility by a policy of insurance covering the operator of the motor vehicle in lieu of insurance covering the vehicle; providing limitations on the coverage provided by such insurance; prohibiting certain owners from allowing persons who do not carry insurance from operating their motor vehicles; revising the provisions governing registration; providing a penalty; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal of registration, must be made as provided in this section.
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
κ1987 Statutes of Nevada, Page 1085 (CHAPTER 475, AB 118)κ
(b) His [residence] residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 [covering the vehicle to be registered] and his signed declaration that he will maintain the security during the period of registration.
(f) If the security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicants compliance with controls over emission.
4. The application must contain such other information as may be required by the department, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the [license] fee for a license and the requirements of registration [requirements] of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.
(b) Other fleets composed of ten or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof [annually] for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.
(c) A person who [has qualified] qualifies as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.
(d) A person who qualifies for an operators policy of liability insurance pursuant to NRS 485.3091 and section 8 of this act may file evidence of that insurance.
κ1987 Statutes of Nevada, Page 1086 (CHAPTER 475, AB 118)κ
Sec. 2. NRS 482.235 is hereby amended to read as follows:
482.235 The department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:
1. Under a distinctive registration number assigned to the vehicle and to the owner thereof, referred to in this chapter as the registration number.
2. Alphabetically under the legal name of the owner.
3. Numerically under the serial or vehicle identification number of the vehicle or a permanent identifying number, as may be determined by the department.
Sec. 3. NRS 482.245 is hereby amended to read as follows:
482.245 1. The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the legal name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicless odometer as provided to the department by the person making the sale or transfer, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership must contain forms for notice to the department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee.
Sec. 4. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle expires at midnight on the day specified on the receipt of registration. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of [subsisting] their registrations. An applicant may present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section must include:
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185 . [covering the motor vehicle to be registered.] Security may be provided by an operators policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.3091 and section 8 of this act.
(b) If required, evidence of compliance with standards for control of emissions.
3. The department shall insert in each application mailed [as required by] pursuant to subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
κ1987 Statutes of Nevada, Page 1087 (CHAPTER 475, AB 118)κ
pursuant to subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.
Sec. 5. NRS 482.380 is hereby amended to read as follows:
482.380 1. The department [is authorized to provide for the issuance of] may issue special motor vehicle license plates [on a yearly basis to persons who have] from year to year to a person who has resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who [own] owns a motor vehicle, 1915 model or prior thereto.
2. [For the purposes of administering] To administer the provisions of this section, the department [is authorized to] may recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem [expense] allowance or travel expenses.
3. [All applicants] An applicant for license plates pursuant to the provisions of this section [shall:] must:
(a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.
(b) Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of application and ownership of an antique motor vehicle, 1915 model or prior thereto.
(c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of insurance covering public liability and property damage [insurance] written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage [liability.] and which otherwise meets the requirements of chapter 485 of NRS.
(d) Exhibit a valid drivers license authorizing the applicant to drive a motor vehicle on the highways of this state.
(e) Pay the fee prescribed by the laws of this state for the operation of a
κ1987 Statutes of Nevada, Page 1088 (CHAPTER 475, AB 118)κ
passenger car, [regardless of] without regard to the weight or [number of passenger capacity.] the capacity for passengers.
(f) Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.
4. The ex officio deputy for licensing antique motor vehicles shall [annually on a] each calendar year [basis] issue license plates, approved by the department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, [in compliance with] subject to the following conditions:
(a) The license plates [shall] must be numbered and issued consecutively each year beginning with Horseless Carriage 1.
(b) The license plates [shall] must conform, as nearly as possible, to the color and type of license plate issued in this state for regular passenger cars.
(c) The special license plates issued under the provisions of this section [shall] must be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.
5. The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the department the prescribed fee [for the licensing of passenger cars] as provided in paragraph (e) of subsection 3. The fees so received [shall] must be used, disbursed or deposited by the department in the same manner as provided by law for other [motor vehicle] fees for registration and licensing . [fees.] All other fees collected to defray expenses [shall] must be retained by the board of directors of the Horseless Carriage Club of Nevada.
6. [Licenses] The license plates obtained under this section [shall be] are in lieu of the license plates otherwise provided for in this chapter and [shall be] are valid for the calendar year in which they are issued.
Sec. 6. Chapter 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 7, 8 and 9 of this act.
Sec. 7. 1. Motor vehicle liability policy means an owners policy of liability insurance or an operators policy of liability insurance issued, except as otherwise provided in NRS 485.309, by an insurer authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term motor vehicle liability policy applies only to that part of the coverage which is required by NRS 485.3091.
Sec. 8. 1. Except as otherwise provided in subsection 5, any natural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owners policy of liability insurance, an operators policy of liability insurance which meets the requirements of this section and NRS 485.3091.
2. An operators policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
κ1987 Statutes of Nevada, Page 1089 (CHAPTER 475, AB 118)κ
insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operators policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
3. An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operators policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.
4. An operators policy of liability insurance must not provide coverage for damages incurred while a person other than the named insurer is operating a motor vehicle.
5. An operators policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
6. This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.
Sec. 9. 1. Except as otherwise provided in subsection 5, a person shall not:
(a) Operate a motor vehicle registered or required to be registered in this state without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of a motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of a motor vehicle in violation of subsection 3 of section 8 of this act.
2. Except as otherwise provided in subsection 3, any person who violates subsection 1 shall be fined not less than $300 nor more than $500.
3. A person may not be fined for a violation of paragraph (a), (b) or (c) of subsection 1 if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.
4. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
κ1987 Statutes of Nevada, Page 1090 (CHAPTER 475, AB 118)κ
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 10. NRS 485.020 is hereby amended to read as follows:
485.020 As used in this chapter, unless the context otherwise requires, the words and phrases in NRS 485.033 to 485.120, inclusive, and section 7 of this act having the meanings ascribed to them in those sections.
Sec. 11. NRS 485.185 is hereby amended to read as follows:
485.185 1. Every registered owner of a motor vehicle registered in this state and every owner of a motor vehicle which is not registered in this state as required, shall continuously provide [with respect to the motor vehicle while it is either] , while the motor vehicle is present or registered in this state, by a contract of insurance for a motor vehicle liability policy or by qualifying as a self-insurer [,] in compliance with this chapter, security in the amounts set forth in NRS 485.105 as proof of financial responsibility for payment of tort liabilities [,] arising from maintenance or use of the motor vehicle.
2. [Security may be provided by a contract of insurance or by qualifying as a self-insurer in compliance with this chapter.
3.] Whenever an application for a drivers license or for registration of a vehicle is made by a person required to maintain proof of financial responsibility by the state of his prior residency, he must file proof with the division of his financial responsibility before he may [obtain] be issued a license [,] or registration, and maintain it for the period [of time] which that state requires. If he does not so maintain it, his license and registration must be suspended.
Sec. 12. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of [a] an accident involving a motor vehicle [accident] within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $350, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, [or] has been finally adjudicated not to be liable [,] or has executed [a duly] an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter for a hearing as provided in NRS 485.191.
2. The division shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle [in any manner] involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if the owner is a nonresident, the privilege of the use within this state [,] of any motor vehicle owned by him, unless the operator or owner , or both , deposit security in the sum so determined by the division.
κ1987 Statutes of Nevada, Page 1091 (CHAPTER 475, AB 118)κ
vehicle owned by him, unless the operator or owner , or both , deposit security in the sum so determined by the division. Notice of such a suspension must be sent by the division to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security. Where erroneous information is given the division with respect to the matters set forth in [subsections 1, 2 or 3] paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the division shall take appropriate action as provided in this section after it receives correct information with respect to those matters.
Sec. 13. NRS 485.191 is hereby amended to read as follows:
485.191 1. Any operator or owner of a motor vehicle who was involved in an accident [, and at the time of the accident did not have a liability insurance policy in effect for the motor vehicle involved, or] and who is not [otherwise] exempt from the requirements of depositing security by the provisions of NRS 485.200, is entitled to a hearing before the director or his representative before a determination of the amount of security required pursuant to NRS 485.190, and before the suspension of his operators license or registration as provided in subsection 2 of NRS 485.190. The hearing must be held in the county of residence of the operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing must be held in the county which will be the most convenient for the summoning of witnesses.
2. The owner or operator must be given at least 30 days notice of the hearing in writing with a brief explanation of the proceedings to be taken against him and the possible consequences of a determination adverse to him.
3. If the operator or owner desires a hearing, he shall, within 15 days, notify the division in writing of his intention. If he does not send this notice within the 15 days, he waives his right to a hearing; [provided,] except that, the director may for good cause shown permit the owner a later opportunity for a hearing.
Sec. 14. NRS 485.200 is hereby amended to read as follows:
485.200 1. The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:
[1.] (a) To the operator or owner if he had in effect at the time of the accident a liability policy with respect to the motor vehicle involved in the accident;
[2.] (b) To the operator [, if not the owner of the motor vehicle,] if there was in effect at the time of the accident a liability policy or bond with respect to his operation of [motor vehicles not owned by him;
3.] any motor vehicle;
(c) To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;
[4.] (d) To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for the self-insured;
κ1987 Statutes of Nevada, Page 1092 (CHAPTER 475, AB 118)κ
[5.] (e) To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;
[6.] (f) To the operator or the owner of a motor vehicle legally parked at the time of the accident;
[7.] (g) To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or
[8.] (h) If, before the date that the division would otherwise suspend the license and registration or nonresidents operating privilege under NRS 485.190, there is filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed [a duly] an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
2. An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a policy of liability insurance which provides coverage only when he is operating the motor vehicle and, at the time of the accident, another person is operating the motor vehicle with the express or implied permission of the owner.
Sec. 15. NRS 485.210 is hereby amended to read as follows:
485.210 [1.] No policy or bond is effective under NRS 485.190 unless [issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless the] :
1. The policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $15,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than $30,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one accident [.
2. No policy or bond is effective under NRS 485.190 with respect to any vehicle which was not registered in this state or to any vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the] ; and
2. The insurance company or surety company issuing that policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it executes a power of attorney authorizing the director to accept service on its behalf of notice or process in any action upon that policy or bond arising out of an accident.
κ1987 Statutes of Nevada, Page 1093 (CHAPTER 475, AB 118)κ
Sec. 16. NRS 485.280 is hereby amended to read as follows:
485.280 A deposit or any balance thereof must be returned to the depositor or his personal representative [when] :
1. When evidence satisfactory to the division has been filed with it that there has been a release from liability, [or] a final adjudication of nonliability [, or a duly] or an acknowledged agreement, in accordance with paragraph (h) of subsection [8] 1 of NRS 485.200 [, or if] ; or
2. If 2 years after the date of the accident or 1 year from the date of deposit of any security under NRS 485.230, whichever period is longer, the division is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.
Sec. 17. NRS 485.307 is hereby amended to read as follows:
485.307 1. [Proof] Except as otherwise required in NRS 485.185, proof of financial responsibility when required under this chapter [with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle] may be given by filing:
(a) A certificate of insurance as provided in NRS 485.308 or 485.309;
(b) A bond as provided in NRS 485.3094;
(c) A certificate of deposit of money or securities as provided in NRS 485.3095; or
(d) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owners [motor vehicle liability] policy of liability insurance if it had issued such a policy to the self-insurer.
2. If the department suspends a license or registration pursuant to NRS 485.010 to 485.3099, inclusive, and proof of financial responsibility is a condition of reinstatement, no motor vehicle may be or continue to be registered in the name of the person whose license or registration was suspended unless proof of financial responsibility is furnished [for each motor vehicle registered.] by that person.
3. Whenever the department restores a license, permit or privilege of driving a vehicle in this state which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished [for each motor vehicle registered.] by that person.
Sec. 18. NRS 485.308 is hereby amended to read as follows:
485.308 Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify its effective date and :
1. If the policy is an owners policy of liability insurance, designate by appropriate reference all motor vehicles covered by it [, unless the policy is issued to a person who is not the owner of a motor vehicle.] ; or
κ1987 Statutes of Nevada, Page 1094 (CHAPTER 475, AB 118)κ
2. If the policy is an operators policy of liability insurance, designate the person covered.
Sec. 19. NRS 485.309 is hereby amended to read as follows:
485.309 1. The nonresident owner of a motor vehicle not registered in this state or a nonresident operator of a motor vehicle may give proof of financial responsibility by filing with the division a written certificate of an insurance carrier authorized to transact business :
(a) If the insurance provides coverage for the vehicle, in the state in which the motor vehicle described in the certificate is registered [, or if the nonresident does not own a motor vehicle,] ; or
(b) If the insurance provides coverage for the operator only, in the state in which the insured resides,
if the certificate otherwise conforms to the provisions of this chapter . [, and the]
2. The division shall accept [it] the proof upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:
(a) The insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action arising out of an accident involving a motor vehicle [accident] in this state; and
(b) The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of liability policies for owners of motor vehicles.
[2.] 3. If any insurance carrier not authorized to transact business in this state which has qualified to furnish proof of financial responsibility, defaults in any [such] undertakings or agreements, the division shall not thereafter accept as proof any certificate of that carrier whether theretofore filed or thereafter tendered as proof, so long as the default continues.
Sec. 20. NRS 485.3091 is hereby amended to read as follows:
485.3091 1. [A motor vehicle liability policy as the term is used in this chapter means an owners or an operators policy of liability insurance issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such an] An owners policy of liability insurance must:
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle [or motor vehicles] with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle [or motor vehicles] within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: [$15,000 because]
(1) Because of bodily injury to or death of one person in any one accident, [and, subject] $15,000;
κ1987 Statutes of Nevada, Page 1095 (CHAPTER 475, AB 118)κ
(2) Subject to the limit for one person, [$30,000] because of bodily injury to or death of two or more persons in any one accident [, and $10,000 because] $30,000; and
(3) Because of injury to or destruction of property of others in any one accident [.
3. Such an] , $10,000.
2. An operators policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle [not owned by him,] within the same territorial limits and subject to the same limits of liability as are set forth [above with respect to an owners policy of liability insurance.
4. Such a] in paragraph (b) of subsection 1.
3. A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the [policy] period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
[5. Such a]
4. A motor vehicle liability policy need not insure any liability under any workmens compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any [such] motor vehicle [,] owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
[6.] 5. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the [motor vehicle liability] policy occurs . [; the] The policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage . [; no] No statement made by the insured or on his behalf and no violation of the policy defeats or voids the policy.
(b) The satisfaction by the insured of a judgment for [such] injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.
(c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection [2 of this section.] 1.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.
κ1987 Statutes of Nevada, Page 1096 (CHAPTER 475, AB 118)κ
[7.] 6. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter. [With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy applies only to that part of the coverage which is required by this section.
8.] 7. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
[9.] 8. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.
[10.] 9. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 21. NRS 485.3092 is hereby amended to read as follows:
485.3092 When an insurance carrier has issued a motor vehicle liability policy, the insurance so issued must not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance has been mailed first class or delivered to the insured and, if the insurance carrier has certified the policy under NRS 485.308 or 485.309, a notice has also been filed in the office of the division. A policy subsequently procured and certified, on the effective date of its certification, terminates the insurance previously certified with respect to any motor vehicle designated or the person named as the insured operator in both certificates. If the effective date of the termination is within 3 years after the date of reinstatement of a license, registration or privilege, the division shall suspend the license and registration or privilege.
Sec. 22. NRS 485.3096 is hereby amended to read as follows:
485.3096 Whenever any person required to give proof of financial responsibility hereunder is or later becomes an operator in the employ of any owner [,] of a motor vehicle, or is or later becomes a member of the immediate family or household of the owner, the division shall accept proof of financial responsibility given by [such] the owner , excluding an operators policy of liability insurance, in lieu of proof by [such] the other person to permit [such] the other person to operate a motor vehicle for which the owner has given proof as herein provided. The division shall designate the restrictions imposed by this section on the face of [such persons] that operators license.
Sec. 23. NRS 485.326 is hereby amended to read as follows:
485.326 The department shall suspend the license of any person convicted of violating [NRS 485.185] section 9 of this act and the registration of the vehicle described on the report of conviction. The license and registration must remain suspended until he shows proof of financial responsibility as set forth in NRS 485.307. He shall maintain proof of financial responsibility for 3 years after the reinstatement of his license and registration in accordance with the provisions of this chapter, and if he fails to do so, the division shall suspend his license and registration.
κ1987 Statutes of Nevada, Page 1097 (CHAPTER 475, AB 118)κ
Sec. 24. NRS 485.383 is hereby amended to read as follows:
485.383 1. The department shall annually select a sample of not less than 10 percent of all [motor vehicles] registered owners in this state, except registered owners of motorcycles and motor homes, on which the security is a contract of insurance for a verification of [motor vehicle] liability insurance.
2. The department shall mail a form for verification to the registered owner [of each vehicle] selected for verification of insurance. The owner shall complete the form with all the information which is requested by the department , including whether he carries an owners or operators policy of liability insurance, and return the completed form within 15 days after the date on which the form was mailed by the department.
3. When the department receives a completed form for verification it shall mail the form to the named insurer.
4. Upon receipt of a form for verification of insurance from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance [covering the vehicle on the date the vehicle was selected pursuant to subsection 1.] as indicated on the form by the registered owner.
5. The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is:
(a) Not returned to the department by the registered owner within 15 days;
(b) Returned by the insurer with a denial of coverage; or
(c) Returned by the owner with an admission of no coverage or without indicating an insurer or the number of a policy.
6. If an owner who did not return a completed form for verification within the specified period:
(a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(b) Submits a completed form regarding his insurance on the date [the vehicle] he was selected pursuant to subsection 1; and
(c) Presents evidence of current insurance,
the department shall rescind its suspension of the registration and mail the completed form to the named insurer. Upon receipt of the form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance [covering the vehicle] on the date [the vehicle] he was selected pursuant to subsection 1. If the form is returned by the insurer with a denial of such coverage, the department shall suspend the registration and require the return of the license plates.
7. Except as otherwise provided in subsection 11, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the registered owner of proof of financial responsibility for a period of 3 years.
κ1987 Statutes of Nevada, Page 1098 (CHAPTER 475, AB 118)κ
8. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
9. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
10. An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
11. If [an] a registered owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the sample was taken, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
Sec. 25. NRS 686A.300 is hereby amended to read as follows:
686A.300 1. An insurer who issues [vehicle] insurance covering damage to a motor vehicle shall not delay making payment for any claim involving damage to a motor vehicle [physical damage claim] after receiving a statement of charges, pursuant to the provisions of NRS 487.035, from any person or garage previously authorized by the insurer to perform the [repair work] repairs required by [such physical damage] that claim.
2. A delay, within the meaning of this section, is failure to issue a check or draft, payable to the person repairing or to the insured and person repairing jointly, within 30 days after the insurers receipt of the statement of charges for [repair work which has] repairs which have been satisfactorily completed.
Sec. 26. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer may issue to a holder of an operators policy of liability insurance a policy covering damage to one or more of the operators vehicles. The policy is not required to provide liability insurance or uninsured vehicle coverage.
Sec. 27. NRS 690B.020 is hereby amended to read as follows:
690B.020 1. [No] Except as otherwise provided in this section and section 26 of this act, no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this state [with respect to any motor vehicle registered or principally garaged in this state] unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle . [; but no] No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured.
κ1987 Statutes of Nevada, Page 1099 (CHAPTER 475, AB 118)κ
coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as uninsured vehicle coverage.
2. The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury [liability insurance] provided for under chapter 485 of NRS, but may be in an amount not to exceed the coverage for bodily injury [coverage] purchased by the policyholder.
3. For the purposes of this section the term uninsured motor vehicle means a motor vehicle:
(a) With respect to which there is not available at the department of motor vehicles and public safety evidence of financial responsibility as required by chapter 485 of NRS;
(b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury [liability insurance] or bond applicable at the time of the accident, or, to the extent of such deficiency, any liability insurance for bodily injury [liability insurance] or bond in force is less than the amount required by NRS 485.210;
(c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury [liability insurance] or bond denies coverage or is insolvent;
(d) Used without the permission of its owner if there is no liability insurance for bodily injury [liability insurance] or bond applicable to the operator; [or]
(e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or
(f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:
(1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under him or with an automobile which the named insured or such a person is occupying; and
(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223, 484.225 or 484.227 to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.
4. For the purposes of this section the term uninsured motor vehicle also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:
(a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;
(b) The occurrence out of which legal liability arose took place while the uninsured [motor] vehicle coverage required under paragraph (a) was in effect; and
κ1987 Statutes of Nevada, Page 1100 (CHAPTER 475, AB 118)κ
(c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.
Nothing contained in this subsection prevents any insurer from providing protection from insolvency [protection] to its insureds under more favorable terms.
5. If payment is made to any person under uninsured [motor] vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.
6. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles and public safety in the manner required by chapter 485 of NRS within 60 days after the collision occurs.
Sec. 28. NRS 690B.023 is hereby amended to read as follows:
690B.023 If security for the operation of a motor vehicle is approved by a contract of insurance, the insurer shall provide evidence of insurance to the insured on a form provided by the commissioner. The evidence of insurance must show:
1. The name and address of the policyholder;
2. The insured vehicle or vehicles [;] , if applicable;
3. The term of the insurance; and
4. That the coverage meets the requirements set forth in NRS 485.185.
Sec. 29. NRS 484.263 is hereby repealed.
Sec. 30. 1. Section 29 of this act becomes effective at 12:01 a.m. on July 1, 1987.
2. Section 24 of this act becomes effective at 12:02 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1101κ
Senate Bill No. 241Committee on Commerce and Labor
CHAPTER 476
AN ACT relating to contractors; creating a rebuttable presumption of a willful violation of the building laws for failure to secure a building permit; requiring that a contractor display his name and license number on each commercial motor vehicle registered under his name; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:
A licensee shall display on each commercial motor vehicle registered under his name, his name and the number of his license, in letters and numbers approximately 1 1/2 inches high.
Sec. 2. NRS 624.3011 is hereby amended to read as follows:
624.3011 1. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
[1.] (a) Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or his duly authorized representative and the person entitled to have the particular construction project or operation completed in accordance with the plans and specifications.
[2.] (b) Willful or deliberate disregard and violation of:
[(a)] (1) The building laws of the state or of any political subdivision thereof.
[(b)] (2) The safety laws or labor laws of the state.
[(c)] (3) Any provision of the Nevada health and safety laws or the regulations adopted thereunder relating to the digging, boring or drilling of water wells.
[(d)] (4) The laws of this state regarding industrial insurance.
2. If a contractor performs construction without obtaining any necessary building permit, there is a rebuttable presumption that the contractor willfully and deliberately violated the building laws of this state or of its political subdivisions. The board shall not require the contractor to obtain that permit more than 90 days after the construction is completed.
Sec. 3. NRS 624.307 is hereby amended to read as follows:
624.307 1. It is unlawful for any person, including a person exempt under NRS 624.330, to advertise as a contractor unless he has a valid license in the appropriate classification established by NRS 624.215 and 624.220.
2. As used in this section, advertising includes but is not limited to the issuance of any sign, card or device or by the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine [,] or airway transmission or in any directory under the listing of contractor with or without any limiting qualifications.
κ1987 Statutes of Nevada, Page 1102 (CHAPTER 476, SB 241)κ
3. All advertising by a licensed contractor [shall] must include the number of his license.
________
Assembly Bill No. 212Committee on Transportation
CHAPTER 477
AN ACT relating to state highways; allowing the department of transportation to relinquish certain property to other state agencies; allowing the department and local authorities to require permits for certain uses of highways; providing a penalty for these and certain other uses of highways; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.527 is hereby amended to read as follows:
408.527 1. Whenever the department and the county or city concerned have entered into an agreement providing therefor, and the legislative body of the county or city has adopted a resolution consenting thereto, the board may relinquish to the county or city any portion of any state highway which has been deleted from the state highway system by legislative enactment. The department may likewise relinquish any portion of any state highway which has been superseded by relocation or which the department determines exceeds its needs. [Nothing in NRS 408.523 limits the power of the board to relinquish abandoned or vacated portions of a state highway to counties and cities.]
2. By resolution of the board, the department may upon request relinquish to the division of state lands of the state department of conservation and natural resources for the public use of another state agency any portion of any state highway which has been superseded by relocation or which the department determines exceeds its needs.
3. Relinquishment must be made by a resolution. A certified copy of the resolution must be filed with the legislative body of the county or city concerned. The resolution must be recorded in the office of the county recorder of the county where the land is located and, upon recordation, all right, title and interest of the state in and to that portion of any state highway vests in the county [or city,] , city or division, as the case may be . [, and the highway or portion thereof becomes a county road or city street as long as it is used by the county or city for any public purpose. If the public purpose is abandoned or ceases to exist, then all right, title and interest of the county or city reverts to the department.]
4. Nothing in NRS 408.523 limits the power of the board to relinquish abandoned or vacated portions of a state highway to a county, city or the division. If the purpose for which it is relinquished is abandoned or ceases to exist, then all right, title and interest of the county, city or division reverts back to the department.
κ1987 Statutes of Nevada, Page 1103 (CHAPTER 477, AB 212)κ
to exist, then all right, title and interest of the county, city or division reverts back to the department.
5. The vesting of all right, title and interest of the [state] department in and to portions of any state highways relinquished previously by the department in the city [or] , county or state agency to which it was relinquished is hereby confirmed.
Sec. 2. NRS 484.313 is hereby amended to read as follows:
484.313 1. The department of transportation and local authorities may with respect to any controlled-access highway under their respective jurisdictions prohibit or require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.
2. Any person who violates any prohibition or restriction enacted pursuant to subsection 1 is guilty of a misdemeanor.
Sec. 3. NRS 484.471 is hereby amended to read as follows:
484.471 1. A procession, except a funeral procession, or parade, except the forces of the United States Armed Services, the military forces of this state and the forces of the police and fire departments, must not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.
2. A sound truck or other vehicle equipped with an amplifier or loudspeaker must not be driven upon any highway for the purpose of selling, offering for sale or advertising in any fashion except in accordance with a permit issued by the proper public authority.
3. An oversized or overweight vehicle or equipment must not be driven, occupy or proceed upon any highway except in accordance with a permit issued by the proper public authority.
Any person who violates any provision of this section is guilty of a misdemeanor.
________
Senate Bill No. 553Committee on Judiciary
CHAPTER 478
AN ACT relating to funeral establishments; authorizing certain fraternal and benevolent societies to establish and operate funeral establishments; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 82.020 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1104 (CHAPTER 478, SB 553)κ
82.020 1. The grand lodges and their subordinate lodges [shall have power in their corporate capacity:
(a) To sue] may:
(a) Sue or be sued in any court having competent jurisdiction.
(b) [To make] Make, alter and use a common seal, [and to alter the same at pleasure,] but the use or nonuse of [such a] the seal does not affect the legality of any document.
(c) [To acquire] Acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as [may be] deemed necessary by the proper authorities thereof [, to] :
(1) To carry out the charitable purposes of the grand lodges or the subordinate lodges thereof; [or for]
(2) For the establishment and endowment of a college, [school or schools, hospital or hospitals, cemetery or cemeteries,] school, hospital, cemetery or funeral establishment, as defined in subsection 3 of NRS 642.010, in this state; and [for]
(3) For the necessary uses, purposes and ceremonies of the order.
(d) [To elect] Elect or appoint, according to their respective regulations and customs, not less than 3 nor more than 15 persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto [,] and transact all business relative thereto.
2. Generally, the grand lodges and their subordinate lodges [shall be] are entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.
Sec. 2. NRS 695A.170 is hereby amended to read as follows:
695A.170 1. [It is lawful for a society to] A society may create, maintain and operate charitable, benevolent or educational institutions for the benefit of its members and their families and dependents and for the benefit of children insured by the society. For [such] that purpose it may own, hold or lease personal property or real property located within or without this state, with necessary buildings thereon. Such property [shall] must be reported in every annual statement but [shall] may not be allowed as an admitted asset of [such] the society.
2. Maintenance, treatment and proper attendance in any such institution may be furnished free or a reasonable charge may be made therefor, but no such institution [shall] may be operated for profit.
3. The society shall maintain a separate accounting of any income and disbursements under this section and report them in its annual statement.
[4. No society shall own or operate funeral homes or undertaking establishments.]
Sec. 3. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1105κ
Senate Bill No. 495Committee on Commerce and Labor
CHAPTER 479
AN ACT relating to leasing of motor vehicles; clarifying that the liability of a lessee for the residual value of a motor vehicle is limited only upon the scheduled expiration of the lease; requiring a lease of a commercial vehicle to describe the reasonable standards for wear and tear only if the lessor has identified such standards; and providing other matters properly relating thereto.
[Approved June 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 100.125 is hereby amended to read as follows:
100.125 1. Where the commercial vehicle lease contains an amount identified as the lessees liability upon expiration of the lease based on the estimated residual value of the vehicle, the estimated residual value must be a reasonable approximation of the actual residual value of the vehicle upon expiration of the lease.
2. There is a rebuttable presumption that the estimated residual value is unreasonable to the extent that it exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. The lessor shall not collect from the lessee the amount of that excess liability on expiration of a commercial vehicle lease unless the lessor brings a successful action with respect to that excess liability, and if the lessors action is unsuccessful he must pay the lessees costs and reasonable attorneys fees. This presumption does not apply to the extent the excess of estimated residual value over actual residual value is due to physical damage to the vehicle beyond reasonable wear and use, or to excessive use. The lease must set reasonable standards for wear and use [.] if the lessor establishes such standards.
Sec. 2. NRS 100.155 is hereby amended to read as follows:
100.155 1. The lessor shall give the lessee written notice of his intention to establish the residual value of the vehicle under the vehicle lease or commercial vehicle lease at least 15 days before that action is taken. The notice must be given in person to the lessee or sent by mail to the address of the lessee shown on the lease, or to his last known address, unless the lessee has notified the lessor in writing of a different address.
2. The notice must:
(a) List separately any actual or estimated charges due under the vehicle lease or commercial vehicle lease as of the date of the notice, notwithstanding any possible limitations on the liability of the lessee provided by the Consumer Leasing Act of 1976 (15 U.S.C. § 1667(b));
(b) [Inform the lessee that his maximum total liability under the vehicle lease or commercial vehicle lease is limited to three times the average payment allocable to a monthly period under the lease if the estimated residual value exceeds the actual residual value and the difference is not due to physical damage to the vehicle beyond reasonable wear and use or to excessive use;
κ1987 Statutes of Nevada, Page 1106 (CHAPTER 479, SB 495)κ
to physical damage to the vehicle beyond reasonable wear and use or to excessive use;
(c)] Inform the lessee that he has the right to submit a written bid for the purchase of the vehicle before its value is established; and
[(d)] (c) Inform the lessee of the probable residual value of comparable vehicles on the date of the notice as estimated in the then current version of the Kelley Blue Book or its equivalent.
3. If the lease is not in default, or if the lease has not been terminated before its scheduled expiration, the notice must also inform the lessee that his maximum total liability under the vehicle lease or commercial vehicle lease is limited to three times the average payment allocable to a monthly period under the lease if the estimated residual value exceeds the actual residual value and the difference is not the result of physical damage to the vehicle beyond reasonable wear and use or to excessive use.
________
Senate Bill No. 152Senators Rawson, Townsend, Beyer, Coffin, Gibson, Hickey, Jacobsen, Neal, ODonnell, Raggio, Vergiels and Wagner
CHAPTER 480
AN ACT relating to traffic laws; requiring the driver and passengers in certain motor vehicles to wear safety belts; requiring the superintendent of public instruction to conduct a study to determine whether safety restraints should be required in school buses; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.641 is hereby amended to read as follows:
484.641 1. It is unlawful to drive a passenger car manufactured after:
(a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.
(b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriffs office.
(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.
2. Any person driving and any passenger 5 years of age or older who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position.
κ1987 Statutes of Nevada, Page 1107 (CHAPTER 480, SB 152)κ
3. A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community.
4. A violation of subsection 2 : [is]
(a) Is not a moving traffic violation under NRS 483.473 . [and may]
(b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484.377.
(c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.
[4.] 5. The department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.
[5.] 6. The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;
(b) If the vehicle is not required by federal law to be equipped with safety belts;
(c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state;
(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or
(e) To a passenger riding in a means of public transportation, including a taxi, school bus or emergency vehicle.
[6.] 7. It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.
Sec. 2. Section 8 of chapter 678, Statutes of Nevada 1985, at page 2296, is hereby amended to read as follows:
Sec. 8. 1. Sections 1, 2 and 6 of this act become effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, those sections become effective on the date that limit takes effect.
κ1987 Statutes of Nevada, Page 1108 (CHAPTER 480, SB 152)κ
2. Section 3 of this act becomes effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, that section becomes effective on the date that limit takes effect or at 12:01 a.m. on July 1, 1985, whichever is later.
3. If the Federal Government withholds money from this state that it would have received but for the provisions of this act, sections 1, 2, 3 and 6 of this act expire by limitation on the date that the money is actually withheld.
4. [If Nevada is authorized by the Federal Government to impose a maximum speed limit of or greater than 70 miles per hour, section] Section 5 of this act becomes effective on July 1, [1986, or on the date of that authorization, whichever is earlier. If that section takes effect, it expires by limitation on July 2, 1989.] 1987.
5. This section and sections 4 and 7 of this act become effective on July 1, 1985.
Sec. 3. The superintendent of public instruction shall:
1. Conduct a study to determine the merits and feasibility of requiring passengers seats in school buses to be equipped with seat belts, additional padding or any other safety restraints;
2. Prepare a report containing his findings and recommendations; and
3. Submit his report and any recommended legislation to the 65th session of the Nevada legislature.
Sec. 4. Sections 1 and 2 of this act expire by limitation on the date on which the Secretary of the United States Department of Transportation, or his authorized representative, rescinds that portion of the Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. § 571.208) which requires the installation of automatic restraints in new private passenger motor vehicles. Sections 1 and 2 of this act do not expire by limitation, however, if the secretarys decision to rescind that standard is not based, in any respect, on the enactment or continued operation of those sections.
Sec. 5. 1. This section and sections 2, 3 and 4 of this act become effective on July 1, 1987.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1109κ
Assembly Bill No. 797Assemblymen Banner, Schofield, Callister, McGaughey, Wendell Williams, Kerns, Wisdom, Freeman, Dini, Garner, Adler, Sedway, Spinello, Brookman, Nevin, May, Porter, Triggs, Thompson, Craddock, Haller, Gaston, Tebbs, Myrna Williams, Price, Jeffrey, DuBois, Fay, Swain, Evans, Arberry, Sader and Kissam
CHAPTER 481
AN ACT relating to occupational disease; including cancer as an occupational disease for firemen; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if:
(a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been:
(1) Employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public; or
(2) Acting as a volunteer fireman in this state and is entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070; and
(b) It is demonstrated that:
(1) He was exposed, while in the course of the employment, to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program; and
(2) The carcinogen is reasonably associated with the disabling cancer.
2. Compensation awarded to the employee or his dependents for disabling cancer pursuant to subsection 1 must include:
(a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and
(b) The compensation provided in chapter 616 of NRS for the disability or death.
3. Disabling cancer is presumed to have developed or manifested itself out of and in the course of the employment of any fireman described in this section. This presumption applies to disabling cancer diagnosed after the termination of the persons employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his employment.
κ1987 Statutes of Nevada, Page 1110 (CHAPTER 481, AB 797)κ
employment. This presumption must control the awarding of benefits pursuant to this section unless evidence to dispute the presumption is presented.
________
Assembly Bill No. 354Assemblymen Price, Sedway, Garner, Spriggs, Humke, Evans, Schofield, Arberry, Swain, Getto, Banner, Carpenter, Gaston, Freeman, Myrna Williams, Marvel, Spinello, Callister, Wisdom, Brookman, Kerns, Tebbs, Fay, Porter, Nevin, Bergevin, May, Sader, DuBois, Thomas, Adler, Kissam, McGaughey, Lambert, Craddock, Haller, Nicholas, Wendell Williams, Triggs and Thompson
CHAPTER 482
AN ACT creating the commission for the bicentennial of the United States Constitution; making an appropriation for its support; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the commission for the bicentennial of the United States Constitution, consisting of the members appointed to the Nevada commission of the bicentennial of the United States Constitution by executive order of the governor.
2. The commission may accept gifts and grants of money and property and use those gifts and grants to recognize and celebrate the 200th anniversary of the United States Constitution.
3. NRS 353.335 does not apply to the provisions of this section.
Sec. 2. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 4 and 5, and section 1 of this act, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
κ1987 Statutes of Nevada, Page 1111 (CHAPTER 482, AB 354)κ
grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the [time] period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant which does not qualify under paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.
4. In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the state;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts not exceeding $10,000 each in value; and
(b) Governmental grants not exceeding $50,000 each in value,
if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.
6. This section does not apply to:
(a) The state industrial insurance system;
(b) The University of Nevada System; or
(c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.
Sec. 3. There is hereby appropriated from the state general fund to an account for the support of the commission for the bicentennial of the United States Constitution the sum of $25,000.
Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1987 Statutes of Nevada, Page 1112 (CHAPTER 482, AB 354)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 206Committee on Judiciary
CHAPTER 483
AN ACT relating to the secretary of state; providing for the disposition of excess payments made to the secretary of state; increasing certain fees; eliminating certain of his duties; revising the procedure for the issuance of a certificate of appointment as a notary public; clarifying a prohibition relating to notaries public; limiting the period of registration for the names and insignia of certain associations; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any money is paid to the secretary of state which exceeds by less than $5 the amount required by law to be paid, the secretary of state shall deposit the excess payment with the state treasurer for credit to the state general fund.
2. If a payment exceeds the amount required by law to be paid by $5 or more, the secretary of state shall, if practicable, refund the excess. If the secretary of state cannot make the refund, he shall deposit the excess payment with the state treasurer for credit to the state general fund.
3. Any person who claims a refund of an excess payment which is not refunded pursuant to subsection 2 must, within 30 days after the date of the payment, make a claim for a refund to the state board of examiners.
Sec. 2. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page [$0.50]...................................................... $1.00
For a copy of any document required to be filed pursuant to Title 24 of NRS, per page....................................................................................................... .50
For certifying to any such copy and use of the state seal, for each impression ................................................................................................................ 5.00
For registering a mark , insignia or name.............................................. 25.00 For the delivery of an attested certificate of the record of the registration of a mark , insignia or name................... $5.00
κ1987 Statutes of Nevada, Page 1113 (CHAPTER 483, AB 206)κ
For the delivery of an attested certificate of the record of the registration of a mark , insignia or name................................................................................. $5.00
For each passport or other document signed by the governor and attested by the secretary of state................................................................................. 10.00
[For filing power of attorney.................................................................... 10.00]
For a negotiable instrument returned [because of insufficient funds] unpaid ................................................................................................................ 10.00
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
(d) May charge a reasonable fee, not to exceed $50, for providing special services including, but not limited to, providing service on the day it is requested or within 24 hours.
3. All fees collected pursuant to paragraph (d) of subsection 2 must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year must be carried forward into the next fiscal year. Money in the account may be transferred to the secretary of states operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service on the day it is requested or within 24 hours. Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.
Sec. 3. NRS 218.440 is hereby amended to read as follows:
218.440 1. The secretary of state shall, after final adjournment of each session of the legislature, cause all legislative bills and joint resolutions deposited with him after approval by the governor, and all concurrent resolutions and memorials to be bound in a substantial and suitable book or books, together with an index thereof.
2. [The secretary of state shall personally superintend such work, and shall have immediate control thereof at all times.
3.] The expenses incurred in such work [shall] must be paid by the state in [such manner as may be] the manner directed by the state board of examiners.
Sec. 4. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each person applying for appointment as a notary public shall:
κ1987 Statutes of Nevada, Page 1114 (CHAPTER 483, AB 206)κ
(a) At the time he [receives his certificate of appointment,] submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be approved by the clerk of the county in which the [notary] applicant resides.
2. The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the [notary] applicant resides when he [receives] applies for his appointment. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the bond and oath have been filed and recorded. [If, within 60 days after the appointment was made, the secretary of state does not receive certification that the bond and oath were filed, he shall revoke the appointment.] Upon receipt of the application, fee and certification that the bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
3. The secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary.
Sec. 5. NRS 240.075 is hereby amended to read as follows:
240.075 A notary public [may] shall not:
1. Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by [a] the notary public.
2. Certify an instrument containing a statement known by him to be false.
3. Perform any act as a notary public with intent to deceive or defraud.
4. Endorse or promote any product, service or offering if his appointment as a notary public is used in the endorsement or promotional statement.
Sec. 6. Chapter 600 of NRS is hereby amended by adding thereto a new section to read as follows:
The secretary of state may establish a reasonable fee, not to exceed $10, for the cancellation of registrations pursuant to NRS 600.390. The secretary of state shall pay the fees collected into the state treasury.
Sec. 7. NRS 600.370 is hereby amended to read as follows:
600.370 1. Any mark and its registration is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by an instrument in writing which may be recorded with the secretary of state upon the payment of a fee of $25 to the secretary of state who, upon recording the assignment, shall issue in the name of the assignee a [new] certificate of assignment for the remainder of the period of the registration.
2. An assignment of any registration is void as against any subsequent purchaser for valuable consideration without notice, unless:
(a) The assignment is recorded with the secretary of state within 3 months after the date of the assignment; or
κ1987 Statutes of Nevada, Page 1115 (CHAPTER 483, AB 206)κ
(b) The assignment is recorded before the subsequent purchase.
Sec. 8. Chapter 601 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The registration of an insignia or name is effective for 10 years after the date of registration. Upon application filed within 6 months before the expiration of that period, on a form to be furnished by the secretary of state, the registration may be renewed for a successive period of 10 years. A renewal fee of $10, payable to the secretary of state, must accompany the application for renewal of the registration.
2. The registration of an insignia or name may be renewed for further successive 10-year periods if the requirements of subsection 1 are satisfied.
3. The secretary of state shall give written notice to each registered society, organization or association when its registration is about to expire. The notice must be mailed within the year preceding the expiration date to the registrants last known address.
Sec. 9. NRS 601.060 is hereby amended to read as follows:
601.060 1. Application for registration, alteration or cancellation [shall] must be made by the chief officer or officers of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, upon blanks to be provided by the secretary of state.
2. Registration [shall be] is for the use, benefit, and on behalf of all associations, degrees, branches, subordinate lodges, and auxiliaries of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, and the individual members and those [hereafter to] who become members thereof, throughout this state.
3. The application for registration must be accompanied by a filing fee of $25 payable to the secretary of state and, if the application is for registration of an insignia, by a specimen or facsimile of the insignia in triplicate.
Sec. 10. NRS 601.080 is hereby repealed.
Sec. 11. 1. This section and sections 1, 3 and 4 of this act become effective upon passage and approval.
2. Sections 2 and 5 to 10, inclusive, of this act, become effective on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1116κ
Senate Bill No. 234Committee on Commerce and Labor
CHAPTER 484
AN ACT relating to social workers; providing for the regulation of social workers; creating the board of examiners for social workers; providing for its organization, powers and duties; providing for licensing and disciplinary actions; providing penalties; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 32, inclusive, of this act.
Sec. 2. The practice of social work is hereby declared a learned profession, affecting public safety and welfare and charged with the public interest, and is therefore subject to protection and regulation by the state.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Board means the board of examiners for social workers.
2. Social work means the application of methods, principles and techniques of case work, group work, community organization, administration, planning, consultation and research to assist persons, groups or communities to enhance or restore their ability to function physically, socially and economically.
3. Clinical social work means the application of methods, principles and techniques of case work, group work, community organization, administration, planning, consultation, research and psychotherapeutic methods and techniques to persons, families and groups to help in the diagnosis and treatment of mental and emotional conditions.
Sec. 4. This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A nurse licensed to practice in this state;
3. A person certified as a psychologist pursuant to chapter 641 of NRS;
4. A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;
5. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources;
6. Any clergyman;
7. A county welfare director;
8. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
9. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
κ1987 Statutes of Nevada, Page 1117 (CHAPTER 484, SB 234)κ
Sec. 5. 1. The board of examiners for social workers consists of five members appointed by the governor.
2. Four members appointed to the board must be licensed or eligible for licensure pursuant to this chapter, except the initial members who must be eligible for licensure.
3. One member appointed to the board must be a representative of the general public.
Sec. 6. 1. Upon expiration of his term of office, a member shall continue to serve until a person qualified pursuant to this chapter is appointed as his successor.
2. If a member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor, and the governor shall appoint a person qualified pursuant to this chapter to replace the member for the remainder of the unexpired term.
Sec. 7. 1. The board shall elect from its members a president, a vice president and a secretary-treasurer, who hold their respective offices at its pleasure.
2. An election of officers must be held annually.
3. The board shall meet at least once in each quarter of the year and may meet at other times at the call of the president or a majority of its members.
4. A majority of the board constitutes a quorum to transact all business.
Sec. 8. The board shall maintain a list of the name and address of each person licensed pursuant to the provisions of this chapter.
Sec. 9. Each member of the board is entitled to receive:
1. A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
2. Reimbursement for his actual and necessary expenses for subsistence, lodging and transportation while traveling on the business of the board.
Sec. 10. 1. All reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the fees which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
2. All money received by the board must be deposited in qualified banks or savings and loan associations in this state and paid out on its order for its expenses.
Sec. 11. The board shall adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.
Sec. 12. Each applicant for a license shall furnish evidence satisfactory to the board that he is:
1. At least 21 years of age.
2. A citizen of the United States, or is lawfully entitled to remain and work in the United States.
Sec. 13. 1. The board shall grant a license to engage in social work as an associate in social work to any applicant who:
κ1987 Statutes of Nevada, Page 1118 (CHAPTER 484, SB 234)κ
(a) Possesses the preliminary qualifications set forth in section 12 of this act; and
(b) Is employed as a social worker, supervisor of social work or administrator of social work on July 1, 1988.
2. The provisions of this section do not prohibit a social worker, supervisor of social work or administrator of social work who is employed by a public employer on July 1, 1988, and who is granted a license to engage in social work as an associate in social work pursuant to subsection 1, from being promoted to any position for which he would qualify but for the provisions of this chapter.
Sec. 14. 1. The board shall grant a license to engage in social work as a social worker to any applicant who possesses the preliminary qualifications set forth in section 12 of this act and who:
(a) Possesses a baccalaureate degree or masters degree in social work from a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation.
(b) Passes an examination prescribed by the board.
2. A person licensed as a social worker may engage in social work when under the supervision of:
(a) An independent social worker;
(b) A clinical social worker; or
(c) An associate in social work.
Sec. 15. 1. The board shall grant a license to engage in social work as an independent social worker to any applicant who possesses the preliminary qualifications set forth in section 12 of this act and who:
(a) Possesses a masters or doctoral degree in social work from a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation.
(b) Completes 3,000 hours of supervised, postgraduate social work approved by the board.
(c) Passes an examination prescribed by the board.
2. A person licensed as an independent social worker may:
(a) Engage in social work independently or within an agency; and
(b) Supervise other persons engaging in the practice of social work.
Sec. 16. 1. The board shall grant a license to engage in social work as a clinical social worker to any applicant who possesses the preliminary qualifications set forth in section 12 of this act and who:
(a) Possesses a masters or doctoral degree in social work from a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation.
(b) Completes 3,000 hours of supervised, postgraduate, clinical social work approved by the board.
(c) Passes an examination prescribed by the board.
2. A person licensed as a clinical social worker may:
(a) Engage in social work independently or within an agency; and
(b) Supervise other persons engaging in the practice of social work.
κ1987 Statutes of Nevada, Page 1119 (CHAPTER 484, SB 234)κ
Sec. 17. 1. Before the issuance of a license, each applicant, otherwise eligible for licensure, who has paid the fee and presented the required credentials, other than an applicant for a license to engage in social work as an associate in social work, shall appear personally and pass a written examination concerning his knowledge of the practice of social work.
2. Any such examination must be fair and impartial, practical in character with questions designed to discover the applicants fitness.
3. The board may employ specialists and other professional consultants or examining services in conducting the examination.
4. The member of the board who is the representative of the general public shall not participate in the grading of the examination.
5. The board shall examine applicants for licensure at least twice a year.
Sec. 18. 1. The board may hold hearings and conduct investigations into any matter related to an application for licensure. The board may require the presentation of evidence.
2. If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, his application may be rejected.
Sec. 19. The board may grant a license without examination to a person who holds a current license to engage in the practice of social work in a state whose licensing requirements at the time the license was issued are deemed by the board to be substantially equivalent to the requirements set forth in this chapter.
Sec. 20. 1. Every holder of a license issued pursuant to this chapter may renew his license annually by:
(a) Applying to the board for renewal;
(b) Paying the annual renewal fee set by the board; and
(c) Submitting evidence to the board of his completion of the required continuing education.
2. The board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the board.
Sec. 21. 1. If a licensee fails to comply with the requirements of section 20 of this act within 60 days after the date his license expires, the board shall send a notice to that effect by certified mail, return receipt requested, to his last known address according to the records of the board. If the license is not renewed within 30 days after the licensee received the notice, then the license is automatically revoked without any further notice or a hearing.
2. A person whose license is revoked pursuant to subsection 1 may apply to the board for restoration of his license by:
(a) Submitting a written application for restoration;
(b) Paying all past due renewal fees and the fee for restoration prescribed by the board; and
(c) Retaking the examination deemed necessary by the board.
κ1987 Statutes of Nevada, Page 1120 (CHAPTER 484, SB 234)κ
Sec. 22. The board shall charge and collect fees not to exceed the following amounts for:
Initial application......................................................................... $25
Examination................................................................................... 100
Initial issuance of a license under this chapter....................... 100
Annual renewal of a license issued under this chapter......... 150
Restoration of a revoked license................................................ 100
Reciprocal license without examination.................................. 100
Sec. 23. The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct;
2. Conviction of:
(a) A felony;
(b) Any offense involving moral turpitude; or
(c) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;
3. Use of fraud or deception in:
(a) Applying for a license;
(b) Undergoing the initial licensing examination; or
(c) Rendering services as a social worker;
4. Allowing unauthorized use of a license issued pursuant to this chapter;
5. Professional incompetence; and
6. Habitual drunkenness.
Sec. 24. The board, any of its members or any member of a review panel of social workers who becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing social work in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
Sec. 25. As soon as practicable after the filing of such a complaint, the board shall fix a date for a hearing thereon. The date may not be later than 30 days after the complaint is filed, except that the date may be extended upon agreement of both parties. The secretary-treasurer shall immediately notify the defendant licensee of the complaint and the date and place fixed for the hearing. A copy of the complaint must be attached to the notice.
Sec. 26. 1. The hearing of a complaint must be conducted in private by the board.
2. The defendant licensee must be accorded the right to appear in person and through the representation of legal counsel. He must be given adequate opportunity to confront the witnesses against him, testify and introduce the testimony of witnesses in his behalf and submit arguments and briefs in person or through his counsel. The board shall make and announce its decision as soon as practicable.
κ1987 Statutes of Nevada, Page 1121 (CHAPTER 484, SB 234)κ
3. The failure of the person charged to attend his hearing or defend himself must not delay and does not void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
4. If the board finds the person guilty as charged in the complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public or private reprimand.
(c) Limit the practice of the person to, or by exclusion of, one or more specified branches of social work.
(d) Suspend the license of the person to practice social work for a specified period or until further order of the board.
(e) Revoke the license of the person to practice social work.
(f) Impose a fine of not more than $5,000, which must be deposited with the state treasurer for credit to the state general fund.
The order of the board may contain other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.
Sec. 27. If the board revokes or suspends a license for a fixed time, the licensee may apply for a rehearing within 10 days after the revocation or suspension occurs.
Sec. 28. No sooner than 1 year after the date his license is revoked, a licensee may apply to the board for its reinstatement. The board has complete discretion to accept or reject such an application and may require successful completion of an examination as a condition of reinstatement.
Sec. 29. It is unlawful for any person to represent himself as a social worker within the meaning of this chapter unless he is licensed pursuant to the provisions of this chapter.
Sec. 30. It is unlawful for any person, other than a person licensed pursuant to this chapter, to use the title of a licensee in connection with his work, or in any other way imply that he is licensed by the board, unless he is so licensed.
Sec. 31. Any person who violates any of the provisions of this chapter or, having had his license suspended or revoked, continues to represent himself as a social worker, is guilty of a misdemeanor.
Sec. 32. A violation of this chapter by a person unlawfully representing himself as a social worker may be enjoined by a district court on petition by the board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself as a social worker, the court shall enjoin him from such representations unless and until he has been licensed. The procedure in such proceedings must be the same as for any other application for an injunction. The remedy of an injunction is in addition to any applicable criminal prosecution and punishment.
Sec. 33. Chapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 37, inclusive, of this act.
Sec. 34. As used in this chapter, unless the contest otherwise requires:
κ1987 Statutes of Nevada, Page 1122 (CHAPTER 484, SB 234)κ
1. Client means a person who consults or is interviewed by a social worker for the purpose of diagnosis or treatment.
2. A communication is confidential if it is not intended to be disclosed to any third person other than a person:
(a) Present during the consultation or interview to further the interest of the client;
(b) Reasonably necessary for the transmission of the communication; or
(c) Participating in the diagnosis or treatment under the direction of the social worker, including a member of the clients family.
3. Social worker means any person licensed under chapter 641B of NRS.
Sec. 35. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing confidential communications among himself, his social worker or any other person who is participating in the diagnosis or treatment under the direction of the social worker.
Sec. 36. 1. The privilege may be claimed by the client, his guardian or conservator or by the personal representative of a deceased client.
2. The person who is the social worker may claim the privilege, but only on behalf of the client. His authority to do so is presumed in the absence of evidence to the contrary.
Sec. 37. There is no privilege under sections 35 and 36 of this act:
1. If the services of the social worker are sought or obtained to enable or aid anyone to commit or plan to commit what the client knows or reasonably should have known is a crime or fraud.
2. If the social worker is required to testify in an administrative or court-related investigation or proceeding involving the welfare of his client or the minor children of his client.
3. If the communication is relevant to an issue of breach of duty by the social worker to his client or by the client to his social worker.
4. If the communication is with persons who are participating in the diagnosis and treatment of the client of the social worker, including members of the patients family.
5. If disclosure is otherwise required by state or federal law.
Sec. 38. NRS 433.265 is hereby amended to read as follows:
433.265 Any person employed by the division as a psychiatrist, psychologist , [or] registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his respective profession.
Sec. 39. NRS 641.029 is hereby amended to read as follows:
641.029 This chapter does not apply to:
1. A physician licensed to practice in this state.
2. A person who is licensed to practice dentistry in this state.
3. A person certified as a marriage and family counselor under chapter 641A of NRS.
4. A person licensed to engage in social work pursuant to chapter 641B of NRS.
κ1987 Statutes of Nevada, Page 1123 (CHAPTER 484, SB 234)κ
5. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources.
[5.] 6. Any clergyman.
Sec. 40. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 41. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 42. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
If any certificate of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 43. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 44. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 45. (Deleted by amendment.)
κ1987 Statutes of Nevada, Page 1124 (CHAPTER 484, SB 234)κ
Sec. 46. Section 5 of chapter 634, Statutes of Nevada 1985, at page 2044, is hereby amended to read as follows:
Sec. 5. NRS 433.209 is hereby amended to read as follows:
433.209 Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in the State of Nevada [;] and certified by the American Board of Psychiatry and Neurology;
2. A psychologist certified to practice in this state ; [or employed as such by the division;]
3. A social worker who holds a masters degree in social work, [or is a candidate for that degree] is licensed by the state as a clinical social worker and is employed by the division; or
4. A registered nurse who [holds a masters degree in the field of psychiatric nursing and is] :
(a) Is licensed to practice professional nursing in this state;
(b) Holds a masters degree in the field of psychiatric nursing; and
(c) Is employed by the division
Sec. 47. The board shall grant a license to engage in social work as a social worker to a person who, on or before July 1, 1987, possesses a baccalaureate degree or masters degree in social work from a college or university accredited by or a candidate for accreditation by the Council on Social Work Education. The applicant must present proof acceptable to the board of his qualifications within 6 months after July 1, 1988.
Sec. 48. The board shall grant a license to engage in social work as an independent social worker to a person who, on or before July 1, 1987:
1. Possesses a masters or doctoral degree in social work from a college or university accredited by or a candidate for accreditation by the Council on Social Work Education.
2. Completed 3,000 hours of supervised, postgraduate social work approved by the board.
The applicant must present proof acceptable to the board of his qualifications within 6 months after July 1, 1988.
Sec. 49. The board shall grant a license to engage in social work as a clinical social worker to a person who:
1. Possesses a masters degree in social work;
2. Completed 3,000 hours of supervised, postgraduate, clinical social work, acceptable to the board; and
3. Was engaged in the practice of social work on July 1, 1987.
The applicant must present proof acceptable to the board of his qualifications within 6 months after July 1, 1988.
Sec. 50. 1. Notwithstanding any other provision of this act, a public agency may employ a person as a social worker before July 1, 1990, if that person has a baccalaureate degree in a related field. The person so employed is eligible for a license to engage in social work as an associate in social work.
κ1987 Statutes of Nevada, Page 1125 (CHAPTER 484, SB 234)κ
2. A public agency which employs a person as a social worker on July 1, 1987, may terminate that persons employment if he is not licensed pursuant to the provisions of this act by January 1, 1989.
Sec. 51. 1. The governor shall appoint:
(a) Four persons who are qualified pursuant to subsection 2; and
(b) One person who is qualified pursuant to subsection 3,
of section 5 of this act, to the board of social work examiners and designate their initial terms.
2. The initial terms of the members appointed by the governor pursuant to subsection 1 end as follows:
(a) For two members, including one person qualified under subsection 2 of section 5 of this act and one person qualified under subsection 3 of section 5 of this act, the initial term ends on June 30, 1990;
(b) The initial terms for two other members end on June 30, 1989; and
(c) The initial term for the remaining member ends on June 30, 1988.
Sec. 52. 1. Sections 5 and 51 of this act become effective on July 1, 1987, for the purpose of appointing the board and for all other purposes relating to the board.
2. Section 46 of this act becomes effective at 12:01 a.m. on July 1, 1987.
3. The remaining sections of this act become effective on July 1, 1988.
________
Assembly Bill No. 836Committee on Ways and Means
CHAPTER 485
AN ACT relating to the University of Nevada; authorizing the construction and equipment of two buildings for the desert research institute; authorizing the issuance of securities to pay for part of the cost of the buildings; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.828 is hereby amended to read as follows:
396.828 Pledged revenues means the [moneys] money pledged wholly or in part for the payment of bonds or other securities issued hereunder, and, subject to any existing pledges or other contractual limitations, may include at the boards discretion, all loans, grants or contributions to the university or board, if any, conditional or unconditional, from the Federal Government, the state, any public body or other donor for the payment of the principal of, the interest on, and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may [so] include income or [moneys] money derived from one, all or any combination of the following sources of revenue , [sources,] including without limitation student fees and other fees, rates and charges appertaining thereto:
κ1987 Statutes of Nevada, Page 1126 (CHAPTER 485, AB 836)κ
any combination of the following sources of revenue , [sources,] including without limitation student fees and other fees, rates and charges appertaining thereto:
1. Dormitories, apartments and other facilities for housing ; [facilities;]
2. Cafeterias, dining halls and other facilities for food service ; [facilities;]
3. Student union and other facilities for student activities ; [facilities;]
4. Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;
5. Stadium, arena, theater, fieldhouse and other athletic or [recreation] recreational facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
7. Properties for providing heat or any other utility furnished by the university or the board to any facilities on its campus; [and]
8. Investments and reinvestments of unrestricted endowments [.] ; and
9. Facilities of the desert research institute, including without limitation money from:
(a) Grants to the desert research institute by any person or the Federal Government;
(b) Contracts and leases between the desert research institute and any person or governmental entity;
(c) The investment of any money of the desert research institute; and
(d) Any other revenue received by the desert research institute, or by the board on behalf of the desert research institute pursuant to NRS 396.795 to 396.7956, inclusive.
Sec. 2. NRS 396.8395 is hereby amended to read as follows:
396.8395 Subject to any existing pledges or other contractual limitations and to the provisions of NRS 396.810:
1. The board may include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder:
(a) The gross revenues derived from the fees designated as the capital improvement fee, the student union building fee, the student center building fee, and the student union capital improvement fee, or words of similar import [(except] , except for the words pertaining to any such fee designating the campus or campuses of the University of Nevada System to which the pledged fee or fees [pertain),] pertain, or any combination thereof; and
(b) The gross revenues derived from the fee designated as the general fund fee [(except] , except for the words pertaining to thereto designating the campus or campuses of the University of Nevada System to which the pledged fee [pertains),] pertains, but subject to the limitation stated in subsection 5 of NRS 396.840.
2. The board may also include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder, regardless of the location of the campus or campuses on which the project or projects are to be done for which the securities are authorized, the pledged revenues designated [above in this section and] in subsection 1 pertaining to:
κ1987 Statutes of Nevada, Page 1127 (CHAPTER 485, AB 836)κ
for the payment of bonds or other securities issued hereunder, regardless of the location of the campus or campuses on which the project or projects are to be done for which the securities are authorized, the pledged revenues designated [above in this section and] in subsection 1 pertaining to:
(a) One, all or [some other] any combination of the campuses relating to the community college division if the project or projects relate thereto and to one or more campuses thereof; or
(b) Either or both the University of Nevada, Reno, and the University of Nevada, Las Vegas, if the project or projects relate to either [or both] of those campuses [.] , the desert research institute or any combination thereof.
Sec. 3. As used in sections 4 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 16, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 4. Acquisition includes the opening, laying out, securing, establishment, installation, construction or reconstruction, or the purchase, lease, gift, grant, endowment, bequest, devise, transfer, assignment, option to purchase, other contract or other acquisition, or any combination thereof, from the Federal Government, this state or any person, or any combination thereof, of any property pertaining to the project, or an interest therein.
Sec. 5. Board means the board of regents of the University of Nevada.
Sec. 6. Cost of the project means all or any part designated by the board of the cost of the project, or interest therein, which cost at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the university or the board from any money available therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the board, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising and printing, and estimates, advice and services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued pursuant to this act of any operation and maintenance expenses pertaining to the project and of any interest on bonds or other securities for any period not exceeding the period estimated by the board to complete the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
κ1987 Statutes of Nevada, Page 1128 (CHAPTER 485, AB 836)κ
securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any resolutions or other instruments authorizing the issuance of securities pursuant to this act;
9. The costs of funding any short-term financing, construction loans and other temporary loans of not exceeding 5 years pertaining to the project and of the incidental expenses incurred in connection with those loans; and
10. All other expenses necessary or desirable and pertaining to the project, as estimated or otherwise ascertained by the board.
Sec. 7. Equipment means the furnishing of all related or appurtenant machinery, furnishings, apparatus, paraphernalia and other gear, or any combination thereof, pertaining to the project or any interest therein.
Sec. 8. Facilities means buildings, structures or other income-producing facilities from the operation of which or in connection with which pledged revenues for the payment of any bonds or other securities issued pursuant to this act are derived, including without limitation any facilities to be acquired with the proceeds of the bonds or securities issued pursuant to this act.
Sec. 9. Improvement includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of any property pertaining to the project, or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.
Sec. 10. Net pledged revenue means pledged revenue without deduction of operation and maintenance expenses, except as otherwise provided in section 13 of this act.
Sec. 11. Operation and maintenance expenses means all reasonable and necessary current expenses of the university or the board, or both, paid or accrued, of operating, maintaining and repairing the facilities pertaining to the pledged revenue for the payment of the bonds or other securities issued pursuant to this act. The term may include at the boards option, except as limited by contract or law, without limitation:
1. Legal and overhead expenses of the various university departments directly related and reasonably allocable to the administration of the facilities;
2. Fidelity bond and insurance premiums pertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;
3. The reasonable charges of any paying agent, or commercial bank, trust bank, or other depository bank pertaining to any securities issued by the university or by the board or pertaining to the facilities;
4. Contractual services, professional services, salaries, administrative expenses, and costs of labor pertaining to the facilities;
5. The costs incurred by the board in the collection of all or any part of the pledged revenue, including without limitation revenue pertaining to the facilities;
κ1987 Statutes of Nevada, Page 1129 (CHAPTER 485, AB 836)κ
6. Any costs of utility services furnished to the facilities by the university or otherwise; and
7. Reasonable allowances for the depreciation of furniture and equipment for the facilities.
Sec. 12. The term operation and maintenance expenses does not include:
1. Any allowance for depreciation, except as otherwise provided in subsection 7 of section 11 of this act;
2. Any costs of reconstruction, improvements, extensions or betterments;
3. Any accumulation of reserves for capital replacements;
4. Any reserves for the operation, maintenance or repair of the facilities;
5. Any allowance for the redemption of any bond or other security evidencing a loan or other obligation or the payment of any interest thereon;
6. Any liabilities incurred in the acquisition or improvement of any property comprising the project or any existing facilities, or any combination thereof; and
7. Any other ground of legal liability not based on contract.
Sec. 13. 1. Pledged revenue means a source of revenue arising from the gross revenue:
(a) Derived from or otherwise pertaining to the operation of one, all or any combination of the facilities set forth in NRS 396.828, as amended by section 1 of this act, situated on the campuses of the University of Nevada, Reno, and the University of Nevada, Las Vegas, and the facilities of the desert research institute, including those relating to the project, after the deduction of the expenses of operation and maintenance of the facilities pertaining to that source of revenue; or
(b) Derived from the imposition and collection of the fees payable by the students attending the University of Nevada, Reno, and the University of Nevada, Las Vegas, subject to the limitations of subsection 5 of NRS 396.840,
which revenue the board, pursuant to any resolutions authorizing the issuance of securities under this act, determines to pledge for the payment of the securities.
2. The term includes any:
(a) Student fees authorized after the effective date of this act with respect to the students attending the University of Nevada, Reno, and the University of Nevada, Las Vegas;
(b) Grants, whether or not conditional, from the Federal Government for the payment of any securities requirements; and
(c) Net revenue derived from the operation of any facilities of the university or the board, or from any other available source,
to which are extended a pledge and lien for the payment of the securities issued pursuant to this act or otherwise issued after the effective date of this act.
Sec. 14. Project means the planning, design, acquisition, improvement and equipment of two buildings for laboratories and offices for the desert research institute, as required or desired by the university.
κ1987 Statutes of Nevada, Page 1130 (CHAPTER 485, AB 836)κ
Sec. 15. Securities means notes, warrants, bonds, temporary bonds and interim debentures.
Sec. 16. University means the university of Nevada System.
Sec. 17. 1. The board may perform such acts, on behalf of and in the name of the university, as are consistent with the provisions of this act and other applicable law, to carry out the project.
2. To pay for the cost of the project the board may:
(a) Issue bonds and other securities of the university:
(1) In a total principal amount of not more than $5,000,000;
(2) In one or more series at any time, or from time to time, as determined by the board, within 5 years after the effective date of this act; and
(3) Consisting of special obligations of the university payable from any combination of net pledged revenue, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations;
(b) Employ legal, fiscal and other expert services with any available money, including without limitation the proceeds of securities issued pursuant to this act; and
(c) Exercise the powers provided in NRS 396.809 to 396.885, inclusive, except as otherwise provided in this act.
3. This act does not prohibit the board from funding, refunding or reissuing any securities of the university or the board at any time pursuant to NRS 396.809 to 396.885, inclusive.
Sec. 18. Upon the request of the board, the state public works board may delegate to the board any authority concerning the project that is granted to the state public works board pursuant to chapter 341 of NRS.
Sec. 19. The legislature intends that the provisions of this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to accomplish its purposes.
Sec. 20. If any provision of this act, or the application of this act to any person, thing or circumstance is held invalid, that invalidity does not affect any provision or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 21. The provisions of this act are supplemental to and do not limit any other law of this state, except that the provisions of this act prevail over the inconsistent provisions of any other law of this state. No other law of this state concerning the issuance of securities applies to the issuance of securities pursuant to this act, except that the provisions of NRS 396.809 to 396.885, inclusive, that are consistent with this act apply as if the securities were issued pursuant to those sections.
Sec. 22. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1131κ
Senate Bill No. 401Committee on Taxation
CHAPTER 486
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 provide an exemption for the gross receipts from the sale of certain building materials, machinery and equipment to a qualified business within a zone for economic development; contingently creating the same exemption from certain analogous taxes; contingently repealing the provisions allowing a similar exemption; and providing other matters properly relating thereto.
[Approved June 15, 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 60.5, immediately following section 60.1 to read as follows:
Sec. 60.5. There are exempted from the taxes imposed by this act the gross receipts from the sale of building materials used in new construction, remodeling and rehabilitation, and new and used machinery and equipment to a person who holds a valid certificate, issued pursuant to NRS 274.270, as a qualified business within a specially benefited zone and who purchases those items for use in the conduct of his business within the zone.
κ1987 Statutes of Nevada, Page 1132 (CHAPTER 486, SB 401)κ
Sec. 2. This act becomes effective on January 1, 1989.
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 from the taxes imposed by this act on the gross receipts from the sale of building materials used in new construction, remodeling and rehabilitation, and new and used machinery and equipment to a qualified business within a specially benefited zone which purchases those items for use in its business within the zone?
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 the sale of building materials used in new construction, remodeling and rehabilitation, and new and used equipment and machinery to a qualified business within a specially benefited zone which purchases those items for use in its business within the zone. 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 exemption.
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 January 1, 1989. 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.
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:
There are exempted from the taxes imposed by this chapter the gross receipts from the sale of building materials used in new construction, remodeling and rehabilitation, and new and used equipment and machinery to a person who holds a valid certificate, issued pursuant to NRS 274.270, as a qualified business within a specially benefited zone and who purchases those items for use in the conduct of his business within the zone.
κ1987 Statutes of Nevada, Page 1133 (CHAPTER 486, SB 401)κ
Sec. 10. NRS 274.230 is hereby amended to read as follows:
274.230 When a specially benefited zone is designated and approved under this chapter, the governing body of the designating municipality may:
1. Apply with the United States Department of Commerce to have the specially benefited zone declared to be a free trade zone.
2. When any federal legislation concerning specially benefited zones is enacted or becomes effective, prepare and submit, with the assistance of the administrator and in a timely fashion, all information and forms necessary to permit the specially benefited zone designated and approved under this chapter to be considered as an eligible area under the federal program.
3. Apply for all available assistance from the federal, state, and in the case of a city, the county government, including the suspension or modification of their regulations within the specially benefited zone that have the characteristics described in subsection 1 of NRS 274.110.
4. Develop and carry out a program to improve police protection within the zone.
5. Give priority to the use in the zone of any federal assistance for urban development or job training.
6. By ordinance adopt regulations for qualifying employers for the benefits authorized specifically for qualified businesses under this chapter . [and NRS 374.643.]
Sec. 11. NRS 274.270 is hereby amended to read as follows:
274.270 1. The governing body shall investigate the proposal made by a business pursuant to NRS 274.260, and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this state or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter [and NRS 374.643] for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:
(a) Unemployed persons who have resided at least 6 months in the municipality.
(b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.
(c) Recipients of benefits under any state or county program of public assistance, including aid to dependent children, aid to the medically indigent and unemployment compensation who have resided at least 6 months in the municipality.
κ1987 Statutes of Nevada, Page 1134 (CHAPTER 486, SB 401)κ
(d) Persons with a physical or mental handicap who have resided at least 6 months in the state.
(e) Residents for at least 1 year of the area comprising the specially benefited zone.
2. To determine whether a business is in compliance with an agreement, the governing body:
(a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.
(b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.
If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.
3. The governing body shall file with the administrator, the department of taxation and the employment security department a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the administrator, the department of taxation and the employment security department whenever the business is no longer certified.
Sec. 12. NRS 374.643 is hereby repealed.
Sec. 13. Sections 9 to 12, inclusive, of this act become effective on January 1, 1989, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 8, 1988.
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Assembly Bill No. 808Committee on Judiciary
CHAPTER 487
AN ACT relating to courts; authorizing a justice of the peace or a municipal judge to suspend the sentence of certain offenders and to impose conditions of suspension; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
κ1987 Statutes of Nevada, Page 1135 (CHAPTER 487, AB 808)κ
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 96 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the offenders compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 2. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 96 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the offenders compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 3. NRS 269.165 is hereby amended to read as follows:
269.165 1. Any justice of the peace within the town or city [shall have] has jurisdiction of all violations of ordinances applicable thereto under the provisions of this chapter, and may render final judgment, hold to bail, fine or commit to the county jail any offender, in accordance with the provisions thereof [.] , or may suspend the sentence of any offender pursuant to section 1 of this act.
2. All commitments of imprisonment [shall] must be directed to the sheriff of the county, and all fees or fines collected [shall] must be paid to the county treasurer of the proper county, to be by him distributed to the proper fund of the town or city.
κ1987 Statutes of Nevada, Page 1136 (CHAPTER 487, AB 808)κ
sheriff of the county, and all fees or fines collected [shall] must be paid to the county treasurer of the proper county, to be by him distributed to the proper fund of the town or city.
Sec. 4. 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) 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
(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 [.] except, as provided in sections 1 and 2 of this act, a portion of the sentence imposed that exceeds the mandatory minimum.
κ1987 Statutes of Nevada, Page 1137 (CHAPTER 487, AB 808)κ
minimum. 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:
(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.
Sec. 5. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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κ1987 Statutes of Nevada, Page 1138κ
Assembly Bill No. 454Committee on Commerce
CHAPTER 488
AN ACT relating to the state contractors board; making various changes relating to the powers and duties of the board; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:
No license may be issued by the board under a name which is the same as the name of another licensee or so resembles the name of another licensee that the board determines that it is likely to result in confusion or mistake.
Sec. 2. NRS 624.110 is hereby amended to read as follows:
624.110 1. The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there [shall] must be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.
2. Credit reports, references, investigative memoranda , [and] financial information [or] and data pertaining to a licensees net worth [shall be] are confidential and not open to public inspection.
Sec. 3. NRS 624.212 is hereby amended to read as follows:
624.212 1. The executive officer, on behalf of the board , may issue an order to cease and desist to any person:
(a) Acting as a contractor; or
(b) Submitting a bid on a job situated in this state,
without a license as a contractor issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.
2. [When] If it appears that any person has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the board may request the district attorney of the county in which the alleged violation occurred, or the district attorney of any other county in which that person maintains a place of business or resides, to apply on behalf of the board to the district court for an injunction restraining him from acting in violation of this chapter . [, and upon] Upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The board as plaintiff in the action is not required to prove any irreparable injury.
3. If the court finds that the person willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.
Sec. 4. NRS 624.256 is hereby amended to read as follows:
624.256 Before granting an original or renewal of a contractors license to any applicant [,] who has one or more employees, the board shall require that the applicant submit to the board:
κ1987 Statutes of Nevada, Page 1139 (CHAPTER 488, AB 454)κ
to any applicant [,] who has one or more employees, the board shall require that the applicant submit to the board:
1. Proof of industrial insurance and insurance for occupational diseases which covers his employees; or
2. A copy of his certificate of qualification as a self-insured employer which was issued by the commissioner of insurance.
Sec. 5. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before [granting an original] issuing a contractors license to any applicant, the board shall require that the applicant:
(a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke , suspend or refuse to renew a license.
4. The amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractors financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $50,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board [subsequent to] after termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
κ1987 Statutes of Nevada, Page 1140 (CHAPTER 488, AB 454)κ
Sec. 6. NRS 624.275 is hereby amended to read as follows:
624.275 1. The surety may cancel the bond upon giving 60 days notice to the board by certified mail. Upon receipt by the board of [a notice from a surety of cancellation of a contractors bond,] the notice, the board shall immediately [shall] notify the contractor who is the principal on the bond of the effective date of cancellation of the bond, and that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation. Notice to the contractor [shall] must be by certified mail addressed to his latest address of record in the office of the board.
2. If the contractor does not comply with the requirements of the notice from the board, his license [shall] must be suspended or revoked on the date the bond is canceled.
Sec. 7. NRS 624.280 is hereby amended to read as follows:
624.280 The board may adopt regulations fixing the fee for an application [,] and examination and the annual fee for a license [fees] to be paid by applicants and licensees, but the fee for an application and examination [fee] must not exceed [$200] $300 and the annual fee for a license [fee] must not exceed $200 per year.
Sec. 8. NRS 624.283 is hereby amended to read as follows:
624.283 1. Each license issued under the provisions of this chapter expires [on January 31 of the year next following] 1 year after the date on which it is issued [. A license may be renewed by filing a renewal application accompanied by the annual renewal fee as fixed by the board. The board may prescribe regulations concerning license renewal.] , except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
2. A license may be renewed by filing with the board an application for renewal and payment of the fee for renewal fixed by the board.
3. If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board and a new license may be issued only upon application for an original contractors license.
Sec. 9. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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κ1987 Statutes of Nevada, Page 1141κ
Assembly Bill No. 183Committee on Elections
CHAPTER 489
AN ACT relating to elections; requiring the disclosure of certain expenditures on behalf of or against ballot questions; requiring certain contributions to be listed in disclosures of expenses made by certain persons and groups of persons; expanding the material which the secretary of state must make available for public inspection; making an appropriation; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 294A.041 is hereby amended to read as follows:
294A.041 1. Every person who advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, municipal or township office or the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate or the passage or defeat of a question or group of questions on the ballot shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from the last election for that office to 20 days before that election;
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and
(c) Thirty days after a general election or general city election, for the remaining period until the general election or general city election,
report expenditures made on behalf of or against a candidate , [or] group of candidates , question or group of questions on the ballot in excess of $500 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $500 since the beginning of the first reporting period. The report must [not] include a specific listing of any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the groups own members on behalf of or against a candidate , [or] group of candidates , question or group of questions must not be included in the report.
κ1987 Statutes of Nevada, Page 1142 (CHAPTER 489, AB 183)κ
3. If the candidate is elected from one county [,] or the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates [,] or questions, the reports must be made to the officer appropriate for each candidate or question but need not be itemized by candidate [.] or question. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 294A.050 is hereby amended to read as follows:
294A.050 1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes [advertising] :
(a) Advertising on behalf of any candidate or group of candidates [or political] ;
(b) Political advertising for any person other than a candidate ; or
(c) Advertising for the passage or defeat of a question or group of questions on the ballot,
shall make available for inspection, at any reasonable time beginning at least 10 days before each primary or general election and ending at least 30 days after the election, information setting forth the cost of all such advertisements accepted and broadcast, disseminated or published . [for each candidate, group of candidates or person other than a candidate.]
2. For purposes of this section the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or [other person,] the person or group which requested the advertisement, at the principal place of business of the enterprise.
Sec. 3. NRS 294A.070 is hereby amended to read as follows:
294A.070 The secretary of state shall, within 10 days after receipt of the reports required by NRS 294A.010, 294A.020 and 294A.041, prepare and make available for public inspection a compilation of:
1. The total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required; and
2. The expenditures exceeding $500 made by a [person] :
(a) Person on behalf of a candidate other than himself.
κ1987 Statutes of Nevada, Page 1143 (CHAPTER 489, AB 183)κ
(b) Person or group of persons on behalf of or against a question or group of questions on the ballot.
(c) Group of persons advocating the election or defeat of a candidate.
Sec. 4. 1. There is hereby appropriated from the state general fund to the secretary of state to enable him to carry out his duties under the provisions of this act:
For the fiscal year 1987-1988................................................ $4,276.00
For the fiscal year 1988-1989................................................ 2,400.00
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
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Senate Bill No. 303Senator Jacobsen
CHAPTER 490
AN ACT relating to motor vehicles; authorizing the disposal of certain seized motor vehicles; clarifying the definition of an owner of a motor vehicle; increasing the amount in the motor vehicle revolving account; increasing the bond required from certain manufacturers, distributors, dealers and rebuilders; removing certain restrictions on the issuance of special license plates; authorizing the collection of certain delinquent fees; revising the penalty for the delinquent payment of the privilege tax; making an appropriation; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any vehicle seized pursuant to NRS 482.540 may be removed by the department to:
(a) A place designated for the storage of seized property.
(b) An appropriate place for disposal if that disposal is specifically authorized by statute.
2. If disposal of the vehicle is not specifically authorized by statute, the vehicle is subject to forfeiture if it appears to the court having jurisdiction over the proceedings that the rightful owner of the vehicle cannot after due diligence be found.
3. If a court declares that a vehicle seized pursuant to NRS 482.540 is forfeited, the department may:
(a) Retain it for official use;
κ1987 Statutes of Nevada, Page 1144 (CHAPTER 490, SB 303)κ
(b) Sell it; or
(c) Remove it for disposal.
4. If at any time after a vehicle is seized pursuant to NRS 482.540 the rightful owner of the vehicle demands its return, the department shall:
(a) Return the vehicle to him; or
(b) If the vehicle was declared forfeited by a court and subsequently sold or removed for disposal, pay to him the fair market value of the vehicle at the time of forfeiture.
Sec. 2. NRS 482.085 is hereby amended to read as follows:
482.085 Owner means a person who holds the legal title of a vehicle [, or in the event] and whose name appears on the certificate of ownership, and any lienholder whose name appears on the certificate of ownership. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or [in the event] if a mortgagor of a vehicle is entitled to possession, then [such] the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
Sec. 3. NRS 482.183 is hereby amended to read as follows:
482.183 The motor vehicle revolving account in the amount of [$15,000] $20,000 is hereby created and must be used for change in the main and branch offices.
Sec. 4. NRS 482.345 is hereby amended to read as follows:
482.345 1. Except as otherwise provided in subsection 6, before any dealers license, dealers plate, special dealers plate, rebuilders license or rebuilders plate, distributors license or distributors plate or manufacturers license or manufacturers plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the department, and the applicant shall furnish such information as the department [may require,] requires, including proof that the applicant has an established place of business in this state, and also, except as otherwise provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $50,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer, distributor, manufacturer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer, distributor, manufacturer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.
2. A manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of [$1,000] $5,000 regardless of the length of time he has been in business.
κ1987 Statutes of Nevada, Page 1145 (CHAPTER 490, SB 303)κ
distributes or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of [$1,000] $5,000 regardless of the length of time he has been in business.
3. The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.
4. The undertaking on the bond includes any fraud or fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesman of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his behalf and within the scope of the employment of the representative or the salesman.
5. The bond must provide that any person injured by the action of the dealer, distributor, rebuilder, manufacturer, representative or salesman in violation of any provisions of this chapter may bring an action on the bond.
6. The provisions of this section do not apply to a manufacturer without an established place of business in this state.
Sec. 5. NRS 482.3667 is hereby amended to read as follows:
482.3667 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.
2. The department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks [having an unladen weight of 6,000 pounds or less,] or trailers.
3. Personalized prestige license plates are valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter. Any person transferring plates must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.
4. In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee has priority.
5. The department may limit by regulation the number of letters and numbers used and prohibit the use of inappropriate letters or combinations of letters and numbers.
6. The department shall not assign to any person not holding the relevant office any letters and numbers denoting that the holder holds a public office.
κ1987 Statutes of Nevada, Page 1146 (CHAPTER 490, SB 303)κ
Sec. 6. NRS 482.3672 is hereby amended to read as follows:
482.3672 1. An owner of a motor vehicle who is a resident of this state and who is regularly employed or engaged as an editor, reporter or photographer by a newspaper or television or radio station may, upon signed application on a form prescribed and provided by the department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A letter from the news director, editor or publisher of the periodical or station by whom he is employed,
be issued license plates upon which is inscribed PRESS with three consecutive numbers.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck . [having an unladen weight of 6,000 pounds or less.]
3. When a person to whom special license plates have been issued pursuant to this section leaves the service of the newspaper or station which has provided the letter required by subsection 1, he shall surrender any special plates in his possession to the department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the department.
4. The department may adopt regulations governing the issuance of special license plates to members of the press.
Sec. 7. NRS 482.3675 is hereby amended to read as follows:
482.3675 1. An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this state and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A copy of the letter of appointment from that country,
be issued a set of license plates upon which is inscribed CONSULAR CORPS with three consecutive numbers.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck . [having an unladen weight of 6,000 pounds or less.]
3. When a person to whom special license plates have been issued pursuant to this section loses his status as an honorary consul, he shall surrender any special plates in his possession to the department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the department.
4. The department may adopt regulations governing the issuance of special license plates to honorary consuls of foreign countries.
κ1987 Statutes of Nevada, Page 1147 (CHAPTER 490, SB 303)κ
special license plates to honorary consuls of foreign countries. The department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.
Sec. 8. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck . [having an unladen weight of 6,000 pounds or less.]
2. The applicant may also purchase and display on his plate or plates, in the space provided for it, a decal with the designation RADIO AMATEUR.
3. The department may adopt regulations to ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates, and all applications for the plates must be made to the department.
Sec. 9. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this state and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the department, signed by the member and his commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with four consecutive numbers. The applicant shall comply with the laws of this state concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is no additional fee for these special plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks . [having an unladen weight of 6,000 pounds or less.]
3. Any member of the Nevada National Guard other than the adjutant general, who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. The adjutant general shall surrender any license plates issued to him as adjutant general to the department when he leaves office, and may then be issued special license plates as described in subsection 1.
κ1987 Statutes of Nevada, Page 1148 (CHAPTER 490, SB 303)κ
in subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
Sec. 10. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever a person operates any vehicle upon the public highways of this state without having paid therefor the registration or transfer fee required by this chapter, the required fee shall be deemed delinquent.
2. If the fee for registration is not paid by the end of the last working day of the preceding period of registration, a penalty of $6 must be added [thereto. If the delinquency continues, and if the person liable for the fee has knowledge of the delinquency, a penalty of $6 must be added] for each period of 30 calendar days or fraction thereof during which the delinquency continues, unless the vehicle has not been operated on the highways since the expiration of the prior registration. Evidence of nonoperation of a vehicle must be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.
3. If the transferee of a vehicle, required to be registered under the provisions of NRS 482.205, has not registered the vehicle within 10 days after the transfer, a penalty of $6 must be added to the fee for registration. The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.
4. In addition to the penalties prescribed in subsections 2 and 3, the department and its agents shall collect the fees for license plates and registration for each period of 30 calendar days, or portion thereof in excess of 15 days, during which the delinquency has continued or for which the vehicle has not been registered pursuant to NRS 482.205.
Sec. 11. NRS 371.140 is hereby amended to read as follows:
371.140 1. If the privilege tax for a vehicle for the next period of registration is not paid [within 30 days after it becomes delinquent,] before the expiration of the current period of registration for that vehicle, a penalty equal to 10 percent of the tax [,] due, but not less than $6, plus the amount of the delinquent tax, must be added [thereto and collected therewith, but, if the annual registration of a vehicle is being renewed, the penalty must be added to any payment made on or after the 31st day of the registration year,] to the privilege tax due for the next period of registration, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The department may retain any penalty so collected.
2. Evidence of nonoperation of a vehicle must be made by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.
Sec. 12. There is hereby appropriated from the state highway fund to the motor vehicle revolving account the sum of $5,000.
________
κ1987 Statutes of Nevada, Page 1149κ
Assembly Bill No. 789Committee on Ways and Means
CHAPTER 491
AN ACT making an appropriation to the Department of Museums and History for the purchase of antique railroad equipment; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Museums and History the sum of $237,000 for the purchase of antique railroad equipment.
2. The sum appropriated by subsection 1 is contingent upon the Department of Museums and History receiving, from a source other than the State of Nevada, and expending in addition to the appropriated sum $50,000 in the fiscal year 1987-88 and $50,000 in the fiscal year 1988-89.
3. Any remaining balance of the appropriation made by subsection 1 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. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 693Committee on Commerce
CHAPTER 492
AN ACT relating to surplus lines insurance; specifying the amount of the fee a surplus lines broker may receive for the placement of coverage; revising the provision relating to the affidavit required of a broker; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 685A of NRS is hereby amended by adding thereto a new section to read as follows:
A broker may charge a fee for procuring surplus lines coverage. Except as otherwise provided by agreement between the insurer and broker, the fee must not exceed 20 percent of the premium charged, after deduction of any other commissions, fees and charges payable to the broker.
Sec. 2. NRS 685A.050 is hereby amended to read as follows:
685A.050 1. At the time of effecting any surplus lines insurance the broker shall execute an affidavit, in the form prescribed or accepted by the commissioner, setting forth facts from which it can be determined whether such insurance [was] is eligible for export under NRS 685A.040.
κ1987 Statutes of Nevada, Page 1150 (CHAPTER 492, AB 693)κ
commissioner, setting forth facts from which it can be determined whether such insurance [was] is eligible for export under NRS 685A.040.
2. The broker shall file this affidavit with the report of coverage and any other information the commissioner requires within [30] 90 days after the insurance [was] is so effected, as required under [rules and] regulations adopted pursuant to NRS 685A.210.
________
Assembly Bill No. 807Committee on Judiciary
CHAPTER 493
AN ACT relating to dissolution of marriage; authorizing a former spouse to bring an action for the partition of military retirement benefits under certain circumstances; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a decree of divorce does not provide for the disposition of military retirement benefits, the former spouse of a member of the Armed Forces of the United States who has received such a decree may bring an action in the district court for the partition of benefits to which the member spouse is or may be entitled, other than benefits for disability.
2. In any such action:
(a) The doctrines of res judicata and collateral estoppel do not bar relief.
(b) The member spouse may assert any available equitable defense.
(c) The delay of the plaintiff in bringing the action is not a bar to relief, except to the extent that the doctrine of laches is shown to apply, and relief may be sought regardless of the date on which the decree was entered.
(d) The district court shall apply the law of this state applicable to the division of such benefits, regardless of the law of the jurisdiction in which the decree was entered.
3. The district court has no jurisdiction over the spouse who is or was a member of the Armed Forces, or over the payments received from the Armed Forces, unless the member spouse:
(a) Is a resident of this state, other than by reason of an assignment by the Armed Forces;
(b) Is domiciled in this state; or
(c) Consents to the exercise of jurisdiction by the court at the time the decree of divorce is entered or at any time thereafter.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1151κ
Assembly Bill No. 248Committee on Ways and Means
CHAPTER 494
AN ACT making appropriations to the Department of Prisons for equipment, materials and personnel for law libraries and the construction of certain modular housing units; and providing other matters properly relating thereto.
[Approved June 15, 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 $317,281 to purchase equipment and materials for law libraries necessary to finish the following prison facilities:
1. Conservations camps, $54,990;
2. Ely maximum security prison, $67,695; and
3. Reno correctional facility, $194,596.
Sec. 2. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $235,035 to purchase equipment and materials associated with the modular housing units at the Nevada State Prison and the Southern Desert Correctional Center and to employ correctional officers for security during the construction of those units.
Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2 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. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 142Committee on Ways and Means
CHAPTER 495
AN ACT making an appropriation to the Department of Prisons and the Department of Conservation and Natural Resources for equipment and furnishing of conservation camp facilities; and providing other matters properly relating thereto.
[Approved June 15, 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 and to the Department of Conservation and Natural Resources the sums of $263,876 and $1,198,584, respectively, for the equipment and furnishing of conservation camp facilities.
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 1152 (CHAPTER 495, AB 142)κ
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. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 144Committee on Ways and Means
CHAPTER 496
AN ACT making an appropriation to the Department of Prisons for the replacement of beds and mattresses; and providing other matters properly relating thereto.
[Approved June 15, 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 $146,033 for the replacement of beds and mattresses.
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.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 107Committee on Judiciary
CHAPTER 497
AN ACT relating to crimes against public justice; increasing the penalty for solicitation to commit murder from a gross misdemeanor to a felony; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 199.500 is hereby amended to read as follows:
199.500 1. Every person who counsels, hires, commands or otherwise solicits another to commit [murder,] kidnaping or arson is guilty of a gross misdemeanor if no criminal act is committed as a result of the solicitation.
2. Every person who counsels, hires, commands or otherwise solicits another to commit murder, if no criminal act is committed as a result of the solicitation, 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.
κ1987 Statutes of Nevada, Page 1153 (CHAPTER 497, AB 107)κ
less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
________
Assembly Bill No. 671Committee on Government Affairs
CHAPTER 498
AN ACT relating to Carson City; extending the permitted length of maturity of short-term negotiable notes and bonds issued by Carson City to finance a project related to the Carson City Senior Citizens Center; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds that:
1. A substantial number of the residents of Carson City are elderly persons.
2. Carson City is limited in its ability to provide vital services to its residents, especially its elderly residents, because of its relatively small population and tax base.
3. The provisions of NRS 354.440 governing short-term financing which require that notes or bonds issued for certain projects must mature within 5 years after the notes or bonds are issued severely limit Carson Citys ability to provide vital services to its residents.
4. The unique problems of Carson City require special provisions for which a general law cannot be made applicable.
Sec. 2. Notwithstanding the provisions of NRS 354.440, the board of supervisors of Carson City may issue negotiable notes or short-time negotiable bonds which must mature not later than 10 years after the date of issuance if issued in connection with the financing of any project related to the Carson City Senior Citizens Center.
________
κ1987 Statutes of Nevada, Page 1154κ
Assembly Bill No. 619Committee on Judiciary
CHAPTER 499
AN ACT relating to the protection of children; shifting the burden of proving the good faith of persons whose employment concerns protection of children in proceedings regarding their immunity from civil and criminal liability; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.160 is hereby amended to read as follows:
432B.160 1. Immunity from civil or criminal liability extends to every person who in good faith:
[1.] (a) Makes a report pursuant to the provisions of NRS 432B.220;
[2.] (b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;
[3.] (c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;
[4.] (d) Holds a child pursuant to NRS 432B.400 or places a child in protective custody;
[5.] (e) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or
[6.] (f) Participates in a judicial proceeding resulting from a referral or recommendation.
2. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to subsection 2 of NRS 432B.220; or
(b) Any of the acts set forth in paragraphs (b) to (f), inclusive, of subsection 1,
there is a presumption that the person acted in good faith.
________
Assembly Bill No. 385Committee on Judiciary
CHAPTER 500
AN ACT relating to traffic laws; expanding the list of persons who may administer blood tests to determine alcohol content or the presence of a controlled substance; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.393 is hereby amended to read as follows:
484.393 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless:
κ1987 Statutes of Nevada, Page 1155 (CHAPTER 500, AB 385)κ
provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless:
(a) The blood tested was withdrawn by a physician, physicians assistant, registered nurse, licensed practical nurse, [advanced emergency medical technician-ambulance] emergency medical technician or a technician , technologist or assistant employed in a medical laboratory; [and]
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma [.] ; and
(c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No [physician, registered nurse, licensed practical nurse, advanced emergency medical technician-ambulance or technician] person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer [such] the test.
________
Senate Bill No. 494Senators Shaffer, Redelsperger, Beyer, Coffin, Gibson, Hickey, Horn, Jones, Mello, ODonnell and Rawson
CHAPTER 501
AN ACT relating to the apportionment of tax proceeds; requiring the department of taxation to establish a method for the annual determination of the population of this state; requiring the department of taxation to prepare and submit to the governor an annual determination of the population of this state for certification by the governor; requiring the department of taxation to employ a demographer; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall adopt regulations to establish a method of determining annually the population of each county, city and unincorporated town in this state and, on or before October 1 of each year, estimate the population of each county, city and town pursuant to those regulations.
2. On or before October 30 of each year, the department shall issue a report of the estimated population of each county, city and unincorporated town in this state.
κ1987 Statutes of Nevada, Page 1156 (CHAPTER 501, SB 494)κ
report of the estimated population of each county, city and unincorporated town in this state.
3. Any county, city or unincorporated town in this state may, on or before December 14 of each year, petition the department to revise the estimated population of that county, city or town. The department shall by regulation establish a procedure to review each petition and to appeal the decision on review.
4. The department shall, upon the completion of any review and appeal thereon pursuant to subsection 3, determine the population of each county, city and unincorporated town in this state, and submit its determination to the governor.
5. The department shall employ a demographer to assist in the determination of population pursuant to this section and to cooperate with the Federal Government in the conduct of each decennial census as it relates to this state.
Sec. 2. NRS 360.285 is hereby amended to read as follows:
360.285 1. For the purposes of this Title, the governor shall, on or before January 1 of each year, certify the population of each county, city and unincorporated town in this state [.] from the determination submitted to him in the preceding year by the department.
2. Where any tax is collected by the department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the department shall use the populations certified by the governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment before the date must be based upon the earlier certification and every payment on or after that date must be based upon the later certification.
________
Assembly Bill No. 263Committee on Health and Welfare
CHAPTER 502
AN ACT relating to public health sanitarians; authorizing their registration; regulating their practice; creating the board for registration of public health sanitarians; specifying its powers and duties; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 25, inclusive, of this act.
κ1987 Statutes of Nevada, Page 1157 (CHAPTER 502, AB 263)κ
Sec. 2. As used in sections 2 to 25, inclusive, of this act, unless the context otherwise requires:
1. Board means the board for registration of public health sanitarians.
2. Sanitarian means a person who:
(a) Is qualified to advocate or recommend the use of sanitary measures for the public benefit by reason of education, practical training and experience determined by the board to be satisfactory; and
(b) Has received from the board a certificate of registration.
Sanitarian does not include any person who engages in the practice of professional engineering, unless he is registered to do so pursuant to chapter 625 of NRS.
Sec. 3. The purpose of registering sanitarians is to protect the public health and safety and the general welfare of the people of this state. Any certificate issued pursuant to this chapter is a revocable privilege and no holder of such a certificate acquires thereby any vested right.
Sec. 4. 1. There is hereby created the board for registration of public health sanitarians, consisting of the state health officer or his designated representative and four members appointed by the governor.
2. After the initial terms, each member appointed by the governor must be appointed for a term of 3 years.
Sec. 5. Of the members of the board appointed by the governor after his initial appointments, two must represent the general public and two must be sanitarians, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.
Sec. 6. The governor may, after notice and hearing, remove any member of the board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
Sec. 7. The board shall elect from its members who are not employees of the state a chairman and a secretary. The chairman must be elected annually on July 1. The secretary continues in office at the pleasure of the board.
Sec. 8. 1. The board shall hold at least one meeting annually to:
(a) Review and evaluate applications for registration as sanitarians.
(b) Conduct examinations.
(c) Review expenditures by the board.
(d) Prepare reports.
(e) Transact any other business necessary to enable the board to carry out its duties.
2. Special meetings of the board may be called by the secretary upon the written request of any two members of the board or upon a written request signed by 10 sanitarians.
3. Three members of the board constitute a quorum to transact all business, and a majority of those present must concur on any decision.
Sec. 9. 1. The secretary of the board is entitled to receive:
(a) A salary, in the amount fixed by the board.
(b) Travel expenses provided for state officers and employees generally.
2. All other members of the board are entitled to receive the subsistence allowance and travel expenses provided for state officers and employees generally for each day actually engaged in the business of the board.
κ1987 Statutes of Nevada, Page 1158 (CHAPTER 502, AB 263)κ
allowance and travel expenses provided for state officers and employees generally for each day actually engaged in the business of the board.
Sec. 10. 1. The secretary of the board shall receive and account for all money paid to the board and deposit it in banks and savings and loan associations in this state.
2. The compensation and expenses of members of the board and the expenses of administering the provisions of this chapter must be paid from the fees received by the board upon approval by the board.
Sec. 11. 1. Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, the board shall file a written report of the activities of the board with the governor. The report must include the results of the annual audits of the fiscal records of the board.
2. A copy of the report must be mailed by the board to:
(a) Each sanitarian; and
(b) Any other person who submits a written request to the board for a copy.
Sec. 12. The board shall maintain a register of all:
1. Applicants for registration as a sanitarian which contains:
(a) The name, age and place of residence of the applicant;
(b) The name and address of the employer of the applicant or address of the place of business of the applicant;
(c) The date of the application;
(d) The educational qualifications, practical training and experience of the applicant;
(e) The date on which the board reviewed the application, and the action taken;
(f) The number of the certificate of registration, if any, issued to the applicant; and
(g) Such other information as the board considers necessary.
2. Sanitarians currently registered.
Sec. 13. The board:
1. Shall keep a record of its proceedings.
2. Shall provide for an annual audit of its fiscal records.
3. Shall procure a seal.
4. May adopt such regulations as are necessary to enable it to carry out the provisions of this chapter.
Sec. 14. 1. An applicant for registration as a sanitarian shall submit to the board, through its secretary:
(a) A completed application on a form prescribed and furnished by the board;
(b) The required fee; and
(c) Proof of his educational qualifications, practical training and experience.
2. The fee is not refundable.
Sec. 15. 1. To be eligible for registration an applicant must have:
κ1987 Statutes of Nevada, Page 1159 (CHAPTER 502, AB 263)κ
(a) A baccalaureate or higher degree from an accredited college or university;
(b) Satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work approved by the board in environmental health and public hygiene or the physical and biological sciences, or a combination of both; and
(c) At least 2 years of experience approved by the board in this field of public health.
2. The board may register a person who is not qualified under subsection 1, if he:
(a) Was actively employed in this field of public health in this state on July 1, 1987;
(b) Is a graduate of an accredited high school;
(c) Has had a least 4 years of successful experience in this field;
(d) Passes a written or oral examination administered by the board; and
(e) Completes all the requirements of this subsection before July 1, 1991.
3. The board may register, upon written application, any person who:
(a) Was employed in this field of public health in this state on July 1, 1987, and was a registered sanitarian in this state before July 1, 1977; or
(b) Is registered as a public health sanitarian with the National Environmental Health Association and is a resident of this state.
Sec. 16. 1. Except for an applicant applying pursuant to subsection 2 or 3 of section 15 of this act, an applicant who is otherwise eligible for registration, has paid the fee and presented the required credentials must appear personally and pass the written examination certified by the National Environmental Health Association or an equivalent examination prepared by the board.
2. If the application is filed pursuant to subsection 2 of section 15 of this act, the board may use the written examination certified by the National Environmental Health Association or a written or oral examination prepared by the board.
3. The examination must be administered by the board not less than once each year at such time and place in this state as the board specifies.
4. The name of the applicant must not appear on the examination, and the applicant must be identified by a number assigned to him by the secretary of the board.
5. All examinations and the records pertaining to them must be filed with the secretary of the board and retained for at least 5 years.
Sec. 17. If an applicant fails the examination, he may be re-examined upon resubmission of his application accompanied by the required fee.
Sec. 18. 1. Each applicant for registration as a sanitarian shall pay a fee set by the board not to exceed $250.
2. Each applicant who fails an examination and who desires to be re-examined shall pay a fee set by the board not to exceed $200 for each re-examination.
3. Each registered sanitarian shall pay to the secretary of the board on or before the date fixed by the board an annual fee for registration to be set by the board not to exceed $100.
κ1987 Statutes of Nevada, Page 1160 (CHAPTER 502, AB 263)κ
before the date fixed by the board an annual fee for registration to be set by the board not to exceed $100. The annual fee for registration must be collected for the year in which a sanitarian is initially registered.
4. The certificate of any sanitarian who fails to pay the annual fee for registration within 60 days after it is due is automatically suspended. The board must notify the sanitarian that his certificate has been suspended for nonpayment of the annual fee. It may be reinstated pursuant to regulations adopted by the board.
Sec. 19. Each certificate issued by the board must be numbered and contain the:
1. Designation Registered Sanitarian.
2. Name of the person registered.
3. Date of issuance.
4. Seal of the board.
5. Signatures of the members of the board.
Sec. 20. 1. The board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a certificate of registration.
2. The board may exempt a sanitarian from the requirements for continuing education if he is able to show good cause why the requirements could not be met. The exemption may not be granted to a person more than once in any 2-year period.
Sec. 21. The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct;
2. Conviction of felony or any offense involving moral turpitude;
3. Suspension or revocation of a certificate or license as a sanitarian by any other jurisdiction; or
4. Failure to meet the requirements for continuing education.
Sec. 22. The following acts, among others established by the board, constitute unprofessional conduct:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a certificate;
2. Habitual drunkenness or addiction to the use of a controlled substance as defined in chapter 453 of NRS;
3. Engaging in any conduct in his professional activities which is intended to deceive or which the board has determined is unethical; or
4. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter or a regulation of the board.
Sec. 23. 1. If the board finds after a hearing that disciplinary action is necessary, it may by order:
(a) Place the sanitarian on probation for a specified period or until further order of the board;
(b) Administer a public or private reprimand; or
(c) Suspend or revoke his certificate.
κ1987 Statutes of Nevada, Page 1161 (CHAPTER 502, AB 263)κ
2. If the order places a sanitarian on probation, the board may impose such limitations or conditions upon his professional activities as it finds consistent to protect the public health.
Sec. 24. 1. Upon denial of an application for registration or renewal of a certificate or other disciplinary action, the board shall give the person written notice of its decision mailed to him at his last known address by certified mail, return receipt requested. The notice must:
(a) State the reason for the denial or disciplinary action; and
(b) Inform the person that he has the right to a hearing before the board.
2. A written request for a hearing must be filed with the board within 30 days after the notice is mailed. If a hearing is requested, the secretary of the board shall schedule the hearing for a date not later than 20 days after receipt of the request.
Sec. 25. 1. Only a person who holds a valid certificate of registration issued by the board may use the title, registered sanitarian or the abbreviation R.S. after his name.
2. Any person who violates this section is guilty of a misdemeanor.
Sec. 26. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS and sections 2 to 25, inclusive, of this act, shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
2. A report of each such audit must be filed by the board or commission with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit in conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 27. There is hereby appropriated from the state general fund the sum of $783.90 to the board for registration of sanitarians.
Sec. 28. 1. The governor shall initially appoint to the board for registration of public health sanitarians two persons who are eligible for registration pursuant to sections 2 to 25, inclusive, of this act, and are employed as described in section 5 of this act, and two persons to represent the general public.
2. The governor shall appoint the members described in subsection 1 to initial terms as follows:
(a) One member, who is eligible for registration as a sanitarian, to a term expiring on June 30, 1988;
κ1987 Statutes of Nevada, Page 1162 (CHAPTER 502, AB 263)κ
(b) One member, who is eligible for registration as a sanitarian, to a term expiring on June 30, 1989; and
(c) Two members, who represent the general public, to terms expiring on June 30, 1990.
Sec. 29. 1. Section 25 of this act becomes effective on July 1, 1988.
2. The remaining sections of this act become effective on July 1, 1987.
________
Assembly Bill No. 415Committee on Government Affairs
CHAPTER 503
AN ACT relating to personnel of school districts; prohibiting the involuntary transfer or reassignment of a noncertificated employee as a form of discipline; authorizing certain temporary reassignments; providing for a hearing under certain circumstances; and providing other matter properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, any involuntary transfer or reassignment of a noncertificated employee must be based on assignment and seniority and may not be made as a form of discipline.
2. A noncertificated employee may be reassigned for less than 30 days in response to temporary requirements for work.
3. If a noncertificated employee believes an involuntary transfer or reassignment was made as a form of discipline, he is entitled to a hearing on that issue.
________
κ1987 Statutes of Nevada, Page 1163κ
Assembly Bill No. 522Committee on Government Affairs
CHAPTER 504
AN ACT relating to planning for the use of land; clarifying that the statutory provision which prohibits a zoning ordinance from discriminating against certain homes for mentally retarded persons also applies to certain private restrictions on the use of land; providing that a residence for mentally retarded persons is not a commercial activity for the purposes of zoning ordinances; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.021 is hereby amended to read as follows:
278.021 1. [It is the] The purpose of this section is to remove obstacles imposed by zoning ordinances , declarations of restrictions, deed restrictions, restrictive covenants and equitable servitudes which prevent persons who are mentally retarded from living in normal residences.
2. In any ordinance adopted by a city or county, the definition of single-family residence must include a home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.
3. This section does not prohibit a definition which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis.
4. For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.
________
Assembly Bill No. 864Committee on Government Affairs
CHAPTER 505
AN ACT relating to intercollegiate athletics; creating a continuing special award for outstanding achievements; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. A continuing special award for outstanding achievements in intercollegiate athletics is hereby established. This award must be presented by a special act of the Legislature.
Sec. 2. 1. There is hereby established a fund for the travel expenses relating to the recipients of the award, their spouses, parents and other family members to attend the recognition event.
κ1987 Statutes of Nevada, Page 1164 (CHAPTER 505, AB 864)κ
relating to the recipients of the award, their spouses, parents and other family members to attend the recognition event.
2. The state controller shall administer the fund.
3. Claims must be paid from the fund as other claims of the state are paid.
4. The state controller may accept gifts and grants for the fund and use those gifts and grants for the purposes of subsection 1.
5. Any interest or income earned on the money in the fund must be credited to the fund.
________
Assembly Bill No. 870Committee on Natural Resources, Agriculture and Mining
CHAPTER 506
AN ACT relating to fishing; authorizing the board of wildlife commissioners to declare one day per year as a day for fishing without a license; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.010 is hereby amended to read as follows:
502.010 1. Every person who hunts or traps any of the wild birds or animals or who fishes without having first procured a license or permit to do so, as provided in this Title, is guilty of a misdemeanor, except that:
(a) No license to hunt or fish is required of a resident of this state who is under 12 years of age, unless required for the issuance of tags as prescribed in this Title or by the regulations of the commission.
(b) No license to fish is required of a nonresident of this state who is under 12 years of age, but the number of fish taken by such a nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) It is unlawful for any child who is under 14 years of age to hunt any of the wild birds or animals with any firearm, unless the child is accompanied at all times by an adult person licensed to hunt.
(d) No child under 12 years of age, whether accompanied by a qualified person or not, may hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.
(e) The commission may declare one day per year as a day upon which persons may fish without a license to do so.
2. This section does not apply to the protection of persons or property from unprotected wild birds or animals on or in the immediate vicinity of home or ranch premises.
κ1987 Statutes of Nevada, Page 1165 (CHAPTER 506, AB 870)κ
from unprotected wild birds or animals on or in the immediate vicinity of home or ranch premises.
________
Assembly Bill No. 636Committee on Judiciary
CHAPTER 507
AN ACT relating to sexual assault; providing that it is no defense to a charge of sexual assault that the perpetrator was married to the victim at the time of the assault if the assault was committed by force or by the threat of force; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.373 is hereby amended to read as follows:
200.373 [A person may not be convicted of a sexual assault upon his spouse unless:
1. The act committed was other than sexual intercourse in its ordinary meaning;
2. He was an accomplice or accessory to the sexual assault by a third person; or
3. At the time of the sexual assault the couple were living apart and one of them had filed an action for separate maintenance or divorce.] It is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by the threat of force.
________
Assembly Bill No. 869Committee on Economic Development, Small Business and Tourism
CHAPTER 508
AN ACT relating to the state librarian; revising the duties of the state librarian concerning the custody of certain records; and providing other matters properly relating thereto.
[Approved June 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 378.245 is hereby amended to read as follows:
378.245 1. The state librarian has custody of and shall carefully preserve in the division:
κ1987 Statutes of Nevada, Page 1166 (CHAPTER 508, AB 869)κ
(a) The enrolled copy of the constitution of the State of Nevada . [, except as permitted by subsection 3.]
(b) The description of the state seal and other seals of which a description may be required to be deposited in the division.
(c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers, papers and other material required to be deposited or kept in the division.
(g) All expired official bonds approved by the governor.
2. The state librarian shall not permit the original papers and other material [, except as permitted by subsection 3, must not be permitted] to be taken out of the archives unless [in the possession of the state librarian or his deputy.
3. The enrolled copy of the constitution may be displayed within the legislative building when the legislature is in session.] he determines that the circumstances ensure the safety and integrity of the papers and other material.
________
Assembly Bill No. 119Assemblymen Price, McGaughey, Fay, Kerns, Arberry, Callister, Myrna Williams, Wisdom, Spinello, Garner, Humke, Wendell Williams, Nicholas, Kissam, Lambert, Haller, Triggs, Jeffrey, May, Porter, Freeman, Carpenter and Banner
CHAPTER 509
AN ACT relating to requests for legislative measures; requiring the publication of a list of all requests; and providing other matters properly relating thereto.
[Approved June 15, 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 a new section to read as follows:
1. On July 1 preceding each regular session of the legislature, and each week thereafter until the first day of the session, the legislative counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the legislative counsel for the purposes of identification in the order that he received the requests.
κ1987 Statutes of Nevada, Page 1167 (CHAPTER 509, AB 119)κ
numerically by a unique serial number which must be assigned to the measures by the legislative counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in subsection 4, the list must only contain the name of each requester, the date and a brief summary of the request.
2. On the first day of the legislative session, the entire list must be published in the journals of the senate and assembly. A current list must be so published each week during the legislative session.
3. The legislative counsel bureau shall make copies of the list available to the public for a reasonable sum fixed by the legislative commission upon the recommendation of the director of the legislative counsel bureau.
4. In preparing the list, the legislative counsel shall not include any information concerning a measure requested by a legislator until the particular measure is introduced in the legislature.
Sec. 2. NRS 218.625 is hereby amended to read as follows:
218.625 1. The director, other officers and employees of the legislative counsel bureau shall not:
(a) Oppose or urge legislation, except as the duties of the director, the legislative auditory, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.
(b) Except as provided in this section [,] and section 1 of this act, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.
2. Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.
3. When a bill or resolution drafted at the request of any person who is not a legislator [,] is delivered to a legislator, the legislative counsel shall disclose the identity of the requester to the recipient, and when the bill or resolution has been introduced he shall upon request disclose the identity of the requester to any legislator.
4. When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
5. The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission may prescribe.
6. Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request.
κ1987 Statutes of Nevada, Page 1168 (CHAPTER 509, AB 119)κ
request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requestor of the fact that a duplicative request has been made. If the request is submitted by a legislator on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requestor of the fact that the request is duplicative.
________
Assembly Bill No. 264Assemblymen Wendell Williams, Arberry, Swain, Garner, Wisdom, Evans, Fay, Kerns, Tebbs, Spinello, Triggs, Haller, Sedway and Porter
CHAPTER 510
AN ACT relating to elections; increasing the area around a polling place where the solicitation of voters is prohibited; prohibiting certain persons from asking a voter his name, address or political affiliation in the area around a polling place; providing a penalty; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.590 is hereby amended to read as follows:
293.590 1. [A] Except as otherwise provided in subsection 3, a person shall not:
(a) Loiter in any polling place so as to interfere with the conduct of the election.
(b) Except an election board officer, receive from any voter a ballot prepared by the voter.
(c) Remove a ballot from any polling place before the closing of the polls.
(d) Apply for or receive a ballot at any election precinct or district other than the one at which he is entitled to vote.
(e) Show his ballot to any person, after marking it, so as to reveal any of the names voted for.
(f) [Within 100] Inside a polling place or within 300 feet of the [polling place,] exterior of the building in which a polling place is located, ask another person for whom he intends to vote.
(g) Except an election board officer, deliver a ballot to a voter.
(h) Except an election board officer in the course of his official duties, inside a polling place or within 300 feet of the exterior of the building in which a polling place is located, ask another person his name, address or political affiliation.
2. A voter shall not:
κ1987 Statutes of Nevada, Page 1169 (CHAPTER 510, AB 264)κ
(a) Receive a ballot from any person other than an election board officer.
(b) Deliver to an election board or to any member thereof any ballot other than the one received.
(c) Place any mark upon his ballot by which it may afterward be identified as the one voted by him.
3. Paragraphs (f) and (h) of subsection 1 do not apply to any person in a private residence that is within 300 feet of the exterior of a building in which a polling place is located.
4. Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 293.592 is hereby amended to read as follows:
293.592 1. [It] Except as otherwise provided in subsection 2, it is unlawful [within 100 feet of the outside entrance of the building in which the polling place is located:] inside a polling place or within 300 feet of the exterior of the building in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
2. Subsection 1 does not apply to any person in a private residence that is within 300 feet of the exterior of a building in which a polling place is located.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
________
Senate Bill No. 230Committee on Taxation
CHAPTER 511
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 provide an exemption for certain forms of precious metals sold at retail; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
[Approved June 15, 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.
κ1987 Statutes of Nevada, Page 1170 (CHAPTER 511, SB 230)κ
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 773, is hereby amended by adding thereto a new section to be designated as section 63.5, immediately following section 63, to read as follows:
Sec. 63.5. There are exempted from the taxes imposed by this chapter the gross receipts from the sale, storage, use or other consumption in this state of:
1. Gold, silver or platinum medallions or bars which are statutorily authorized to bear the state seal; and
2. Gold, silver, platinum and other precious metals sold at retail as bullion, ingots, bars or bullion coins.
Sec. 2. This act becomes effective on January 1, 1989.
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 from the taxes imposed by this act on the gross receipts from the sale, storage, use or other consumption of gold, silver or platinum bars or medallions which are statutorily authorized to bear the state seal, and gold, silver, platinum and other precious metals sold at retail as bullion, ingots, bars or bullion coins?
Yes No
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 the gross receipts from the sale, storage, use or other consumption of gold, silver or platinum medallions or bars which are authorized by law to bear the state seal, and gold, silver, platinum and other precious metals sold at retail as bullion, ingots, bars or bullion coins.
κ1987 Statutes of Nevada, Page 1171 (CHAPTER 511, SB 230)κ
platinum medallions or bars which are authorized by law to bear the state seal, and gold, silver, platinum and other precious metals sold at retail as bullion, ingots, bars or bullion coins. 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 exemption.
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 January 1, 1989. 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.
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:
There are exempted from the taxes imposed by this chapter the gross receipts from the sale, storage, use or other consumption in this state of :
1. Gold, silver or platinum medallions or bars which are statutorily authorized to bear the state seal; and
2. Gold, silver, platinum and other precious metals sold at retail as bullion, ingots, bars or bullion coins.
Sec. 10. Section 9 of this act becomes effective on January 1, 1989, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 8, 1988.
________
κ1987 Statutes of Nevada, Page 1172κ
Senate Bill No. 268Committee on Judiciary
CHAPTER 512
AN ACT relating to the detention of persons suspected of criminal behavior; revising restrictions on the duration and place of detention; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.123 is hereby amended to read as follows:
171.123 1. Any peace officer may detain any person whom [such] the officer encounters under circumstances which reasonably indicate that [such] the person has committed, is committing or is about to commit a crime.
2. The officer may detain [such] the person only to ascertain [the identity of such person] his identity and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer.
3. No person may be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than [30 minutes. Such detention shall] 60 minutes. The detention may not extend beyond the place or the immediate vicinity of the place where the detention was first effected [.] , unless the person is arrested.
________
Senate Bill No. 586Committee on Finance
CHAPTER 513
AN ACT relating to public employees retirement; temporarily revising the provision governing annual increases in the rates of contribution; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. In lieu of the increases required by NRS 286.465 for the fiscal years 1987-1988 and 1988-1989, the total rate of contribution to both the public employees retirement fund and the police and firemens retirement fund must be increased by one-quarter of 1 percent, cumulatively, on:
(a) July 1, 1987;
(b) October 1, 1987;
(c) January 1, 1988;
(d) April 1, 1988;
κ1987 Statutes of Nevada, Page 1173 (CHAPTER 513, SB 586)κ
(e) July 1, 1988;
(f) October 1, 1988;
(g) January 1, 1989; and
(h) April 1, 1989.
2. The increases required pursuant to subsection 2 must be implemented beginning with the first day of the next succeeding regularly scheduled pay period which begins after the date of the increase.
________
Senate Bill No. 574Committee on Natural Resources
CHAPTER 514
AN ACT relating to state lands; authorizing the department of transportation to transfer certain real property to the state; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The department of transportation may transfer to the State of Nevada, without consideration, all of its right, title and interest in and to that parcel of real property located in Carson City, Nevada, described as being a portion of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., and more particularly described as follows:
Beginning at the southwest corner of section 20, T. 15 N., R. 20 E., M.D.B. & M.; thence North 27°2343 East, a distance of 1,826.08 feet to the true point of beginning; thence North 89°0550 West, a distance of 100.89 feet to a point; thence North 08°3132, a distance of 89.24 feet to a point; thence along a tangent curve to the left, with a radius of 4,800.00 feet, a central angle of 07°1917 and an arc distance of 613.36 feet to a point; thence North 01°1215 East, a distance of 965.86 feet to a point; thence South 89°0639 East, a distance of 100.00 feet to a point; thence South 01°1215 West, a distance of 966.41 feet to a point; thence along a tangent curve to the right, with a radius of 4,900.00 feet, a central angle of 07°1917 and an arc distance of 626.13 feet to a point; thence South 08°3132 West, a distance of 75.86 feet to the true point of beginning; containing an area of 3.83 acres, more or less.
2. The real property described in subsection 1 must be conveyed subject to:
(a) Any existing utilities whether or not of record; and
κ1987 Statutes of Nevada, Page 1174 (CHAPTER 514, SB 574)κ
(b) Any restrictions on use or reconveyance necessary to ensure compliance with the Nevada Constitution and any applicable federal requirements concerning land purchased with federal highway money.
3. The state land registrar shall assign the land described in subsection 1 to the Nevada state museum for use and administration.
________
Senate Bill No. 509Committee on Finance
CHAPTER 515
AN ACT relating to offenders; requiring the director of the department of prisons to provide certain textbooks for use by offenders; making an appropriation; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.391 is hereby amended to read as follows:
209.391 The director shall:
1. Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to offenders under the jurisdiction of the department, in accordance with classification requirements.
2. Administer programs of general education, vocational training and other rehabilitation for offenders established by the board.
3. Within the limits of legislative appropriations, purchase textbooks for use by offenders who are enrolled in courses of general education and vocational training offered by any part of the University of Nevada System. Any textbooks purchased pursuant to this section must remain the property of the state and must be reissued to offenders as appropriate.
4. Within the limits of legislative appropriations, establish programs of research, statistics and planning to:
(a) Determine and [periodically] review periodically the effectiveness of the departments programs of education, vocational training and other rehabilitation for offenders;
(b) Provide annually, and at other times when so requested, to the board, the governor and the legislature information pertaining to:
(1) The number of offenders who are participating in and who complete those programs;
(2) The effectiveness of those programs in accomplishing their purposes; and
(3) The number of offenders who are returned to prison after their release; and
(c) Effect appropriate changes in the programs established by the board.
κ1987 Statutes of Nevada, Page 1175 (CHAPTER 515, SB 509)κ
Sec. 2. 1. There is hereby appropriated from the state general fund to the department of prisons for the purchase of textbooks for college curriculum for offenders:
For the fiscal year 1987-88........................................................................ $5,000
For the fiscal year 1988-89........................................................................ 5,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
Senate Bill No. 89Committee on Finance
CHAPTER 516
AN ACT relating to education; providing programs for the improvement of writing through the special training of certain teachers; making an appropriation; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There are hereby established two programs for the improvement of writing by teachers and pupils. The programs must provide for the training of teachers as consultants who will train other teachers who teach writing in the public schools, community colleges and universities in this state. The training of the consultants must be conducted in Clark County, using the available facilities and equipment of the University of Nevada, Las Vegas, and the Clark County School District, and in Washoe County, using the available facilities and equipment of the University of Nevada, Reno, and the Washoe County School District. The facilities of the University of Nevada must be made available to the public schools for this purpose.
2. The administrators of each of the programs shall cooperate with each other, the school districts, community colleges and rural counties in this state to provide a system of trained consultants available to teach other teachers in this state and promote the improvement of writing.
3. Each program must be designed to:
(a) Improve the writing of each pupil in the public schools and each student in his first year of college by improving the skills of his teachers.
(b) Ensure that teachers of writing are taught to write well.
(c) Involve teachers of all grade levels and from all courses of study.
Sec. 2. 1. An advisory board is hereby created consisting of seven members appointed by the governor. The governor shall appoint:
(a) One person recommended by the state board of education;
κ1987 Statutes of Nevada, Page 1176 (CHAPTER 516, SB 89)κ
(b) One person recommended by the college of education of the University of Nevada, Reno;
(c) One person recommended by the college of education of the University of Nevada, Las Vegas;
(d) Two teachers of English composition recommended by the Nevada State Education Association;
(e) One person recommended by the Nevada Association of School Administrators; and
(f) One member recommended by the Nevada State School Boards Association.
2. Each member, when attending a meeting of the board, is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 3. 1. The advisory board shall:
(a) Appoint the administrators of the respective programs;
(b) Review biennially the scope and priority of services rendered under each program; and
(c) Evaluate the success of the programs.
2. The advisory board shall consider the following objectives in reviewing and evaluating the program:
(a) The development of a system of trained consultants to provide quality training in teaching writing in rural and urban school districts in this state.
(b) The provision of assistance in the teaching of writing to prospective teachers at the colleges of education in the University of Nevada System.
(c) Participation among the academic departments of the universities and community colleges and the educators in the school districts to promote the development of writing.
(d) The establishment of a system:
(1) To utilize the services of teachers in the public schools and members of the faculty of the universities who have interested themselves in research concerning skills in writing; and
(2) For disseminating information concerning the imparting of skills in writing obtained through research.
Sec. 4. 1. There is hereby appropriated from the state general fund to the University of Nevada system for carrying out the purposes of this act:
(a) For the fiscal year 1987-88, the sum of $100,000 to be allocated equally between the programs in Washoe and Clark counties; and
(b) For the fiscal year 1988-89, the sum of $100,000 to be allocated equally between the programs in Washoe and Clark counties,
for deposit in separate accounts for each program.
2. Disbursements from these accounts to pay the expenses of the programs must be made by the board of regents upon the request of the administrator of the respective program.
3. The sums appropriated by this section are available for either fiscal year. Any balance of those sums 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 1177 (CHAPTER 516, SB 89)κ
after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
________
Senate Bill No. 109Committee on Finance
CHAPTER 517
AN ACT making an appropriation to the Department of Parole and Probation for the expense of relocating its office; and providing other matters properly relating thereto.
[Approved June 16, 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 Parole and Probation the sum of $8,750 for the expenses involved in relocating its office.
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.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 491Committee on Commerce and Labor
CHAPTER 518
AN ACT relating to excavations; requiring a person who is excavating or demolishing structures where the underground line of a utility is located to give advance notice to the utility; allowing utilities to use a common association for the receipt of this notification; extending liability to the person excavating or demolishing for any damage caused to the underground line if he does not give advance notice of the excavation or demolition; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 455 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 3 to 7, inclusive, of this act, unless the contest otherwise requires:
1. Line means any system of traffic control signals or line, system or facility used for producing, storing, conveying, transmitting or distributing electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, sewage or communications, including television.
κ1987 Statutes of Nevada, Page 1178 (CHAPTER 518, SB 491)κ
electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, sewage or communications, including television.
2. Person includes a government, governmental agency or political subdivision of a government.
3. Utility means any person who owns or operates an underground line.
Sec. 3. 1. Except as otherwise provided in subsection 3, a person shall not excavate in a street, highway, public space or private easement of a utility or near the location of an underground line installed on the premises of a customer served by a utility, or demolish a building, without having first:
(a) Notified the utility by telephoning its representative designated pursuant to section 4 of this act, at least 2 but not more than 14 working days before excavation or demolition is scheduled to commence.
(b) Cooperated with the utility in locating and identifying its underground line by:
(1) Meeting with its representative as requested; and
(2) Observing and being guided by its physical marking of the area containing the underground line.
2. A person intending to excavate or demolish shall give the utility a reasonable amount of time to replace, remove or relocate its underground line if the utility so requests.
3. A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the utility of the action he has been required to take as soon as practicable.
Sec. 4. Utilities may join in a common association to receive the notification required pursuant to paragraph (a) of subsection 1 of section 3 of this act for its members.
Sec. 5. When a utility has received notice through its authorized representative pursuant to paragraph (a) of subsection 1 of section 3 of this act, it shall:
1. Locate and identify its underground line within 2 working days; and
2. Remove or protect its underground line as soon as practicable if the utility decides it should be removed or protected.
Sec. 6. 1. Except as otherwise provided by subsection 3 of section 3 of this act, each person responsible for any excavation or demolition that results in contact with, exposure of or damage to an underground utility shall:
(a) Notify immediately the utility; and
(b) Wait until the utility has completed any necessary repairs before continuing the excavation or demolition.
2. Each person responsible for any excavation or demolition that results in damage to an underground line which causes the escape of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:
κ1987 Statutes of Nevada, Page 1179 (CHAPTER 518, SB 491)κ
in damage to an underground line which causes the escape of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:
(a) Notify immediately the utility; and
(b) Take any other action which is reasonably necessary, to minimize the hazard until the arrival of the personnel of the utility.
Sec. 7. Any person who substantially complies with the provisions of section 3 of this act is not liable for the cost of repairing any damage to an underground utility which results from his excavation or demolition.
________
Senate Bill No. 212Committee on Finance
CHAPTER 519
AN ACT making an appropriation to the Thomas and Mack Center and the Lawlor Events Center; and providing other matters properly relating thereto.
[Approved June 16, 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 Thomas and Mack Center:
For the fiscal year 1987-1988.................................................................... $224,672
For the fiscal year 1988-1989.................................................................... 224,672
Sec. 2. There is hereby appropriated from the state general fund to the Lawlor Events Center:
For the fiscal year 1987-1988................................................................ $70,000
For the fiscal year 1988-1989................................................................ 70,000
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 524Committee on Judiciary
CHAPTER 520
AN ACT relating to dissolution of marriage; making various changes concerning uncontested and summary divorces; and providing other matters property relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.123 is hereby amended to read as follows:
125.123 An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses.
κ1987 Statutes of Nevada, Page 1180 (CHAPTER 520, SB 524)κ
by affidavit unless the court requires oral testimony of the witnesses. If there is a marital settlement agreement, it must be identified in the affidavit and attached to the affidavit as an exhibit. Any affidavit made to support the application, including an affidavit to corroborate residency, must:
1. Be based upon the personal knowledge of the affiant;
2. Contain only facts which would be admissible in evidence; [and]
3. Give factual support to each allegation in the application; and
4. Establish that the affiant is competent to testify to the contents of the affidavit.
Sec. 2. NRS 125.181 is hereby amended to read as follows:
125.181 A marriage may be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced:
1. Either party has met the jurisdictional requirements of NRS 125.020.
2. The husband and wife have lived separate and apart for 1 year without cohabitation or they are incompatible.
3. There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and the wife, to her knowledge, is not pregnant [.
4. The] , or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.
4. There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.
5. The parties waive any rights to spousal support [.] or the parties have executed an agreement setting forth the amount and manner of spousal support.
6. The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial.
7. The parties desire that the court enter a decree of divorce.
Sec. 3. NRS 125.182 is hereby amended to read as follows:
125.182 1. A summary proceeding for divorce may be commenced by filing in any district court a joint petition, signed under oath by both the husband and the wife, stating that as of the date of filing, every condition set forth in NRS 125.181 has been met [.] and specifying the:
(a) Facts which support the jurisdictional requirements of NRS 125.020; and
(b) Grounds for the divorce.
2. The petition must also state:
(a) The date and the place of the marriage.
(b) The mailing address of both the husband and the wife.
[(b) Whether or not]
(c) Whether there are minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, or the wife, to her knowledge, is pregnant.
κ1987 Statutes of Nevada, Page 1181 (CHAPTER 520, SB 524)κ
born before or during the marriage or adopted by the parties during the marriage, or the wife, to her knowledge, is pregnant.
(d) Whether the wife elects to have her maiden or former name restored and, if so, the name to be restored.
3. An affidavit of corroboration of residency which complies with the provisions of subsections 1, 2 and 4 of NRS 125.123 must accompany the petition. If there is a marital settlement agreement which the parties wish the court to approve or make a part of the decree, it must be identified and attached to the petition as an exhibit.
Sec. 4. NRS 125.184 is hereby amended to read as follows:
125.184 1. [No sooner than 10 days after the filing of the joint petition for a summary proceeding for divorce, the court may enter a final judgment or decree of divorce.
2.] Entry of the final judgment upon a petition for a summary proceeding for divorce constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the property rights of the parties and [bars] waives the respective rights of the parties to [spousal support, to] written notice of entry of the judgment or decree, to appeal, to request findings of fact and conclusions of law and to move for a new trial.
[3.] 2. A final judgment entered pursuant to this section does not prejudice or bar the rights of either of the parties to institute an action to set aside the final judgment for fraud, duress, accident, mistake or other grounds recognized at law or in equity.
Sec. 5. NRS 125.127 is hereby repealed.
________
Senate Bill No. 520Committee on Finance
CHAPTER 521
AN ACT making supplemental appropriations to the Department of Prisons; and providing other matters properly relating thereto.
[Approved June 16, 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 $77,713 for certain expenses at the Southern Nevada Correctional Center. This appropriation is supplemental to that made by section 33 of chapter 525, Statutes of Nevada 1985, at page 1588.
Sec. 2. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $86,303 for certain expenses at the Southern Desert Correctional Center.
κ1987 Statutes of Nevada, Page 1182 (CHAPTER 521, SB 520)κ
Southern Desert Correctional Center. This appropriation is supplemental to that made by section 33 of chapter 525, Statutes of Nevada 1985, at page 1588.
Sec. 3. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $41,667 for expenses relating to construction of the tower at the Southern Desert Correctional Center. This appropriation is supplemental to that made by section 1 of chapter 509, Statutes of Nevada 1985, at page 1555.
Sec. 4. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $336,073 for completion of certain conservation camps. This appropriation is supplemental to that made by section 1 of chapter 306, Statutes of Nevada 1985, at page 919.
Sec. 5. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $8,750 for repairs at the Nevada Womens Correctional Center. This appropriation is supplemental to that made by section 1 of chapter 306, Statutes of Nevada 1985, at page 919.
Sec. 6. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $28,434 for certain expenses at the Northwestern Conservation Camp. This appropriation is supplemental to that made by section 33 of chapter 525, Statutes of Nevada 1985, at page 1588.
Sec. 7. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $474,249 for the cost of uniform allowances and remote area differentials ordered pursuant to State, Employees Assn v. State, Dept of Prisons, 102 Nev. 356, 724 P.2d 732 (1986). This appropriation is supplemental to that made by section 33 of chapter 702, Statutes of Nevada 1981, at page 1725.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 850Committee on Ways and Means
CHAPTER 522
AN ACT relating to the state public defender; authorizing the collection of certain amounts from the counties for the use of his services; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in subsection 2, the state public defender shall collect not more than the following amounts from the counties for the use of his services:
κ1987 Statutes of Nevada, Page 1183 (CHAPTER 522, AB 850)κ
For the fiscal For the fiscal
year ending year ending
June 30, 1988 June 30, 1989
CARSON CITY .................................................... $138,207 $137,666
CHURCHILL COUNTY........................................ 42,717 42,549
DOUGLAS COUNTY .......................................... 115,086 114,635
ESMERALDA COUNTY .................................... 8,035 8,003
EUREKA COUNTY ............................................. 5,144 5,124
HUMBOLDT COUNTY ...................................... 39,826 39,670
LANDER COUNTY.............................................. 16,705 16,640
LINCOLN COUNTY ............................................ 5,144 5,124
LYON COUNTY.................................................... 77,398 77,095
MINERAL COUNTY............................................ 31,156 31,034
NYE COUNTY ...................................................... 36,936 36,791
PERSHING COUNTY .......................................... 13,815 13,761
STOREY COUNTY .............................................. 8,035 8,003
WHITE PINE COUNTY ...................................... 39,826 39,670
TOTALS ......................................................... $578,030 $575,765
2. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
________
Senate Bill No. 571Committee on Natural Resources
CHAPTER 523
AN ACT relating to state lands; authorizing the department of transportation to transfer the roadside rest area in the Washoe Valley to the state; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The department of transportation may transfer to the State of Nevada, without consideration, all of its right, title and interest in and to that parcel of real property located in Washoe County, Nevada, described as being portions of government lots 1 and 2 and the NE 1/4 of the SE 1/4 of section 23, government lot 4 of section 24, the SE 1/4, the W 1/2 of the NE 1/4 and government lot 1 of section 14, the W 1/2 of the SE 1/4, the SW 1/4 of the NE 1/4, the E 1/2 of the NW 1/4 and government lots 1, 2 and 3 of section 11, and the SE 1/4 of the SW 1/4 of section 2, T. 16 N., R. 19 E., M.D.B. & M., and more fully described by metes and bounds as follows:
1. Beginning at a point on the right or easterly right-of-way line of United States Highway No.
κ1987 Statutes of Nevada, Page 1184 (CHAPTER 523, SB 571)κ
United States Highway No. 395 (project F-003-2(13)) 121.00 feet right of and at right angles to highway engineers station ON2 278+91.08 P.O.T., that point being further described as bearing South 11°4501 West, a distance of 3,594.33 feet from the northeast corner of section 23, T. 16 N., R. 19 E., M.D.B. & M.; thence
2. Along that right-of-way line the following 12 courses and distances:
(a) North 8°2907 West 3, 264.51 feet to a point;
(b) North 8°1413 East 1,240.94 feet to a point;
(c) North 85°1534 East 110.69 feet to a point;
(d) South 89°4537 East 10.00 feet to a point;
(e) North 00°1413 East 60.00 feet to a point;
(f) North 89°4537 West 10.00 feet to a point;
(g) North 84°5948 West 110.59 feet to a point;
(h) North 07°4547 West 75.00 feet to a point;
(i) From a tangent bearing the course described in paragraph (h), curving to the left with a radius of 1,030.00 feet, through an angle of 33°2820, an arc distance of 601.73 feet to a point;
(j) North 41°1407 West 189.82 feet to a point;
(k) From a tangent bearing the course described in paragraph (j), curving to the right with a radius of 970.00 feet, through an angle of 14°1026, an arc distance of 239.96 feet to a point; and
(l) North 08°2907 West 9,015.32 feet to a point; thence
3. Leaving that right-of-way line, South 89°1445 East, a distance of 419.18 feet to an intersection with the east boundary of the SW 1/4 of section 2, T. 16 N., R. 19 E., M.D.B. & M.; thence South 00°3734 West, along that east boundary, a distance of 331.04 feet to the quarter corner common to sections 2 and 11; thence South 00°3714 West, along the east boundary of the NW 1/4 of section 11, a distance of 1,943.06 feet to a point; thence South 89°2327 East, a distance of 1,311.12 feet to a point; thence South 00°4917 West, a distance of 3,816.60 feet to a point; thence North 88°1143 West, a distance of 4.36 feet to an intersection with the east boundary of the W 1/2 of the E 1/2 of section 14, T. 16 N., R. 19 E., M.D.B. & M., thence South 00°5811 West, along that east boundary, a distance of 2,217.49 feet to a point; thence South 00°5813 West, along that east boundary, a distance of 386.95 feet to a point; thence South 88°4846 East, a distance of 1,307.34 feet to an intersection with the east boundary of that section 14; thence South 00°4456 West, along that east boundary, a distance of 2,147.81 feet to the section corner common to sections 13, 14, 23 and 24; thence South 00°4105 West, along the east boundary of section 24, a distance of 1,242.59 feet to an intersection with the meander line of Washoe Lake; thence
4. Along that meander line the following six courses and distances:
(a) South 20°4105 West 382.11 feet to a point;
(b) South 11°1855 East 628.58 feet to a point;
(c) South 30°1855 East 335.83 feet to a point;
(d) South 00°4105 West 537.33 feet to a point;
κ1987 Statutes of Nevada, Page 1185 (CHAPTER 523, SB 571)κ
(e) South 44°1855 East 335.83 feet to a point; and
(f) South 60°4107 West 473.93 feet to a point; thence
5. North 63°0249 West, a distance of 136.31 feet to a point; thence South 79°2347 West, a distance of 258.10 feet to a point; thence South 86°4950 West, a distance of 315.23 feet to the point of beginning; containing an area of 277.74 acres (12,098,434 square feet), more or less.
Sec. 2. The real property described in section 1 must be conveyed subject to:
1. Any existing utilities whether or not of record; and
2. Any restrictions on use or reconveyance necessary to ensure compliance with the Nevada Constitution and any applicable federal requirements concerning land purchased with federal highway money.
Sec. 3. The state land registrar shall assign the land described in section 1 of this act to the division of state parks of the state department of conservation and natural resources for use and administration.
________
Senate Bill No. 535Committee on Natural Resources
CHAPTER 524
AN ACT relating to state lands; authorizing the division of state lands to offer for sale a parcel of property in Washoe Valley; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state land registrar may offer for sale, in the manner prescribed in NRS 321.335, the following real property belonging to the State of Nevada consisting of 68.74 acres more or less and situated in Washoe County, Nevada, being all that portion of the east 1/2 of the east 1/2 of section 24, T. 17 N., R. 19 E., M.D.B. & M., east of the East Lake Boulevard right of way, excepting therefrom the existing right of way of United States Highway No. 395.
Sec. 2. If the property is sold, all proceeds must be specially accounted for in the wildlife account in the state general fund, and may be used only for the purchase of wetlands or wetland associated with water rights, or other habitats for wildlife, in accordance with the Federal Aid in Wildlife Restoration Act (16 U.S.C. § 669) for the department of wildlife.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1186κ
Senate Bill No. 573Committee on Natural Resources
CHAPTER 525
AN ACT relating to state lands; authorizing the department of transportation to transfer certain real property to the state; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The department of transportation may transfer to the State of Nevada, without consideration, all of its right, title and interest in and to those parcels of real property described as follows:
1. A portion of the NE 1/4 of the NW 1/4 of section 3, T. 16 N., R. 19 E., M.D.B. & M., and more particularly described as follows:
Beginning at the northeast corner of the property, that point of beginning being further described as bearing North 89°3240 East, a distance of 2,271.44 feet from the northwest corner of that section 3; thence South 46°3300 West along the east property line of the property, a distance of 420.00 feet to a point; thence North 43°2700 West, a distance of 391.58 feet to a point on the north boundary of that section 3; thence North 89°3240 East along that north boundary, a distance of 574.23 feet to the point of beginning; containing an area of 1.89 acres, more or less.
2. All that real property located in Lincoln County, Nevada, being a portion of the E 1/2 of the SW 1/4 of section 14, T. 1 N., R. 67 E., M.D.B. & M., and more particularly described as follows:
Beginning at the intersection of the north-south quarter line of section 14, T. 1 N., R. 67 E., M.D.B. & M., and the right or southerly right-of-way line of Nevada state highway No. 85, 40 feet right of and at a right angle to the centerline, at highway engineers station X 69+92.85 P.O.T., which point bears north, a distance of 1,561.09 feet, from the S 1/4 of that section 14; thence south along that quarter line a distance of 423.54 feet to a point; thence South 70°4833 West, a distance of 860.77 feet to a point; thence North 19°1127 West, a distance of 400.00 feet, to an intersection with that right or southerly right-of-way line of Nevada state highway No. 85; thence North 70°4833 East, along that right-of-way line, a distance of 1,000.00 feet, to the point of beginning; containing an area of 8.54 acres, more or less.
3. All that real property located in block A of Deeth, Elko County, Nevada, and more particularly described as follows:
All of lots 20 and 21 in block A of Deeth, as shown on the official plat on record in the office of the county recorder of Elko County, Nevada, as approved on April 3, 1911, and recorded on April 4, 1911.
κ1987 Statutes of Nevada, Page 1187 (CHAPTER 525, SB 573)κ
Sec. 2. The real property described in section 1 of this act must be conveyed subject to:
(a) Any existing utilities whether or not of record; and
(b) Any restrictions on use or reconveyance necessary to ensure compliance with the Nevada Constitution and any applicable federal requirements concerning land purchased with federal highway money.
Sec. 3. The state land registrar shall assign the land described in section 1 of this act, for use and administration, to the division of forestry of the state department of conservation and natural resources.
________
Senate Bill No. 572Committee on Natural Resources
CHAPTER 526
AN ACT relating to state lands; authorizing the department of transportation to transfer certain real property to the state; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The department of transportation may transfer to the State of Nevada, without consideration, all of its right, title and interest in and to that parcel of real property located in Carson City, Nevada, described as being a portion of the SW 1/4 of the SW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., and more particularly described as follows:
Beginning at the southwest corner of section 20, T. 15 N., R. 20 E., M.D.B. & M.; thence North 38°1130 East, a distance of 1,597.32 feet to the true point of beginning, that point being on the southerly right-of-way line of Colorado Street; thence along that right-of-way line, South 89°0550 East, a distance of 50.45 feet to a point; thence leaving that right-of-way line, South 08°3132 West, a distance of 1,281.53 feet to a point on the section line between sections 20 and 29, T. 15 N., R. 20 E., M.D.B. & M.; thence along that section line, North 89°0819 West, a distance of 50.45 feet to a point; thence leaving that section line, North 08°3132 East, a distance of 1,281.57 feet to the true point of beginning; containing an area of 1.48 acres, more or less.
2. The real property described in subsection 1 must be conveyed subject to:
(a) Any existing utilities whether or not of record; and
(b) Any restrictions on use or reconveyance necessary to ensure compliance with the Nevada Constitution and any applicable federal requirements concerning land purchased with federal highway money.
κ1987 Statutes of Nevada, Page 1188 (CHAPTER 526, SB 572)κ
3. The state land registrar shall assign the land described in subsection 1 to the department of the military for use and administration.
________
Assembly Bill No. 851Committee on Judiciary
CHAPTER 527
AN ACT relating to criminal procedure; prohibiting a district court from remanding a defendant for a preliminary examination if the defendant has made an unconditional waiver of the preliminary examination; and providing other matters property relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.208 is hereby amended to read as follows:
171.208 [Whenever] If a preliminary examination has not been had [,] and the defendant has not unconditionally waived the examination, the district court may for good cause shown at any time before a plea has been entered or an indictment found remand the defendant for preliminary examination to the appropriate justice of the peace or other magistrate, and [such] the justice or other magistrate shall then proceed with the preliminary examination as provided in this chapter.
________
Senate Bill No. 567Senator ODonnell
CHAPTER 528
AN ACT relating to privileges; extending the privilege against testifying or otherwise disclosing information to review committees of dental societies under certain circumstances; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 49.265 is hereby amended to read as follows:
49.265 1. Except as provided in subsection 2:
(a) The proceedings and records of organized committees of hospitals having the responsibility of evaluation and improvement of the quality of care rendered in the hospital and [medical] review committees of medical or dental societies are not subject to discovery proceedings.
κ1987 Statutes of Nevada, Page 1189 (CHAPTER 528, SB 567)κ
(b) No person who attends a meeting of any such committee may be required to testify concerning the proceedings at the meeting.
2. The provisions of subsection 1 do not apply to:
(a) Any statement made by a person in attendance at such a meeting who is a party to an action or proceeding the subject of which is reviewed at the meeting.
(b) Any statement made by a person who is requesting [hospital] staff privileges [.] at a hospital.
(c) The proceedings of any meeting considering an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the limits of the policy . [limits.]
(d) Any matter relating to the proceedings or records of such committees which is contained in health care records furnished in accordance with NRS 629.061.
________
Senate Bill No. 34Committee on Human Resources and Facilities
CHAPTER 529
AN ACT relating to maternal and child health; requiring the state board of health to establish standards for perinatal care; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state board of health shall adopt regulations establishing standards for perinatal care provided by any provider of health care, based on recommendations submitted to the board by the school of medicine and school of nursing of the University of Nevada System.
2. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
________
κ1987 Statutes of Nevada, Page 1190κ
Assembly Bill No. 493Assemblymen Brookman, Jeffrey, Myrna Williams, Thompson, Sader, Kissam, Craddock, Haller, Wendell Williams, Thomas, Sedway and Nevin
CHAPTER 530
AN ACT relating to minimum wages; increasing the maximum allowable minimum wage; providing an exemption for certain handicapped persons; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.250 is hereby amended to read as follows:
608.250 1. Except as otherwise provided in [subsection 4, until January 1, 1979,] this section, the labor commissioner may prescribe by regulation the minimum wages which may be paid to employees in private employment within the state. These wages [shall not exceed the lesser of the respective amounts provided in subsections 2 and 3 or the minimum wages prescribed by federal law for equivalent employment, except that the] must not exceed $3.35 per hour. The amount prescribed for a minor [shall] must be 85 percent of the amount prescribed for a person 18 years of age or older.
2. [Except as otherwise provided in subsection 3, the statutory minimum wages are for persons 18 years of age or older:
(a) From July 1, 1977, until July 1, 1978, $2.50 per hour.
(b) From July 1, 1978, $2.75 per hour.
3. The minimum wages for employees within the state who are included within the provisions of 29 U.S.C. § 206(a)(5) (Fair Labor Standards Act of 1938, as amended) are as follows:
(a) From January 1, 1977, until January 1, 1978, $2.20 per hour.
(b) From January 1, 1978, $2.30 per hour.
4.] The provisions of [subsections 1, 2 and 3] subsection 1 do not apply to:
(a) Casual babysitters.
(b) Domestic service employees who reside in the household where they work.
(c) Outside salespersons whose earnings are based on commissions.
(d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
[5.] (f) Severely handicapped persons whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the rehabilitation division of the department of human resources.
3. It is unlawful for any person [, firm, association or corporation or for any agent, servant, employee or officer of any such firm, association or corporation] to employ, cause to be employed or permit to be employed , or to contract with, cause to be contracted with or permit to be contracted with , any person for a wage less than that provided in this section.
κ1987 Statutes of Nevada, Page 1191 (CHAPTER 530, AB 493)κ
corporation] to employ, cause to be employed or permit to be employed , or to contract with, cause to be contracted with or permit to be contracted with , any person for a wage less than that provided in this section.
________
Senate Bill No. 476Committee on Judiciary
CHAPTER 531
AN ACT relating to credit cards; providing a civil penalty for making a purchase with an invalid credit card; providing a criminal penalty for making a purchase with a credit card without sufficient money to pay for the extension of credit; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.620 is hereby amended to read as follows:
41.620 1. Any person who [makes,] :
(a) Makes, utters, draws or delivers a check or draft for the payment of money drawn upon any financial institution or other person, when he has no account with the drawee of the instrument or has insufficient money, property or credit with the drawee to pay [,] ; or
(b) Uses a credit card to obtain money, goods, property, services or anything of value, when he knows or should have known the credit card is no longer valid,
and who fails to pay the amount in cash to the payee , issuer or other creditor within 30 days after a demand therefor in writing is mailed to him by certified mail, is liable to the payee , issuer or other creditor for the amount of the check , [or] draft or extension of credit, and damages equal to three times the amount of the check [or draft,] , draft or extension of credit, but not less than $100 nor more than $500.
2. As used in this section, unless the context otherwise requires:
(a) Credit card has the meaning ascribed to it in NRS 205.630; and
(b) Issuer has the meaning ascribed to it in NRS 205.650.
Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
In a criminal action for using a credit card to obtain money, goods, property, services or anything of value with insufficient money or property with which to pay for the extension of credit, with intent to defraud, that intent and the knowledge that the holder of the credit card has insufficient money or property is presumed to exist if payment is refused by the issuer or other creditor when it is presented in the usual course of business, unless within 10 days after payment is refused by the issuer, the holder of the credit card pays the full amount due plus any handling charges.
κ1987 Statutes of Nevada, Page 1192 (CHAPTER 531, SB 476)κ
Sec. 3. NRS 205.760 is hereby amended to read as follows:
205.760 1. Any person who, with intent to defraud:
(a) Uses a credit card to obtain money, goods, property, services or anything of value where the credit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card is forged or is the expired or revoked credit card of another;
(b) Uses the number of a credit account, customarily evidenced by a credit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or
(c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where the card has not in fact been issued,
is guilty of a public offense and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Any person who, with intent to defraud, uses a credit card to obtain money, goods, property, services or anything of value where the credit card was issued in his name and which he knows is revoked or expired, or when he knows he does not have sufficient money or property with which to pay for the extension of credit, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:
(a) One hundred dollars or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) Less than $100, for a misdemeanor.
3. A person is presumed to have knowledge of the revocation of a credit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or at his last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.
Sec. 4. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1193κ
Assembly Bill No. 708Assemblymen Humke and Gaston
CHAPTER 532
AN ACT relating to children; authorizing the visitation of a minor child by his grandparents in certain circumstances; providing factors for consideration when a person other than a parent seeks visitation of a minor child; authorizing the award of temporary custody or a right of visitation to a grandparent of a child placed in protective custody; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 123 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in subsection 2 of NRS 123.123, a grandparent or parent of either parent of an unmarried minor child, if:
1. One parent of the minor child is deceased, divorced or separated from the other parent; or
2. The parental rights of either parent have been terminated,
may visit the child during the childs minority and spend sufficient time with the child to establish a meaningful relationship, if the court determines that visitation is in the best interests of the child.
Sec. 2. NRS 123.123 is hereby amended to read as follows:
123.123 1. [If] Except as otherwise provided in subsection 2, if a parent of an unmarried minor child is deceased or divorced or separated from the parent who has custody of the child, or his parental rights have been relinquished or terminated, the district court in the county in which the child resides may grant to [the grandparents, parents and] other children of [the parent who is deceased or divorced or separated from the parent who has custody of the child or whose parental rights have been relinquished or terminated,] either parent of the child a reasonable right to visit the child during his minority, if the court finds that the visits would be in the best interests of the child. In determining whether to grant this right to a petitioner , [who is not one of the parents of the person who is deceased or who does not have custody of the child,] the court shall consider [the amount of personal contact between the petitioner and the child which occurred before the petition for the right to visit was filed.] :
(a) The love, affection and other emotional ties existing between the party seeking visitation and the child.
(b) The capacity and disposition of the party seeking visitation to:
(1) Give the child love, affection and guidance;
(2) Cooperate in providing the child with food, clothing and other material needs during visitation; and
(3) Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this state in lieu of health care.
κ1987 Statutes of Nevada, Page 1194 (CHAPTER 532, AB 708)κ
(c) The prior relationship between the child and the party seeking visitation.
(d) The moral fitness of the party seeking visitation.
(e) The mental and physical health of the party seeking visitation.
(f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.
(g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents.
(h) The medical and other needs of the child related to health as affected by the visitation.
(i) Any other factor considered relevant by the court to a particular dispute.
2. If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the grandparents, parents and other children of either parent a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which [all] the parental rights are relinquished or terminated. In determining whether to grant this right to a petitioner, the court must find that the visits would be in the best interests of the child in light of the considerations set forth in subsection 1.
3. Rights to visit a child may be granted:
(a) In a divorce decree;
(b) In an order of separate maintenance; or
(c) Upon a petition filed by an eligible person after a divorce or separation or after the death of the parent to whom the person was related, or upon the relinquishment or termination of a parental right.
4. Termination of the parental rights of a parent who is divorced or separated also terminates any rights previously granted pursuant to subsection 1 , [to persons related to the parent,] unless the court finds that visits by those persons would be in the best interests of the child.
5. For the purposes of this section, separation means a legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship.
Sec. 3. NRS 432B.480 is hereby amended to read as follows:
432B.480 1. At the commencement of the hearing on protective custody, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.
2. If the court finds, as a result of the hearing that there is reasonable cause to believe:
(a) That the child may be harmed if released from protective custody; or
κ1987 Statutes of Nevada, Page 1195 (CHAPTER 532, AB 708)κ
(b) A parent or other person responsible for the childs welfare is not available to care for the child,
the court shall issue an order keeping the child in protective custody pending a disposition by the court.
3. If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:
(a) Place the child in the temporary custody of a grandparent of the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes; or
(b) Grant the grandparent of the child a reasonable right to visit the child while he is in protective custody.
4. If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order his immediate release.
Sec. 4. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that the child is in need or protection, it shall determine [if] whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the courts attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
κ1987 Statutes of Nevada, Page 1196 (CHAPTER 532, AB 708)κ
provides protective services must be sent to the custodian and the parent or legal guardian.
Sec. 5. NRS 432B.560 is hereby amended to read as follows:
432B.560 The court may also order:
1. The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.
2. A parent or guardian to:
(a) Refrain from any harmful or offensive conduct toward the child, the other parent, the custodian of the child or person given physical custody of the child;
(b) Refrain from visiting the child if the court determines that the visitation is not in the best interest of the child; and
(c) Pay to the custodian the reasonable cost of the childs care, including food, shelter, clothing, medical care and education.
3. A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.
________
Senate Bill No. 112Committee on Human Resources and Facilities
CHAPTER 533
AN ACT relating to mentally ill persons; revising the provisions governing the disclosure of the clinical records of mentally ill persons; requiring private facilities offering mental health services to maintain such records for their clients; prohibiting the neglect of clients of facilities offering mental health services; providing a penalty; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.554 is hereby amended to read as follows:
433.554 1. Any employee of the division or other person who:
(a) Has reason to believe that a client of the division or of a private institution or facility offering mental health services has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance as defined in chapter 453 of NRS into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the [division facility involved or a staff physician of the] facility;
(c) Is under the influence of liquor or a controlled substance as defined in chapter 453 of NRS while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
κ1987 Statutes of Nevada, Page 1197 (CHAPTER 533, SB 112)κ
(e) Contrives the escape, elopement or absence of a client,
is guilty of a misdemeanor.
2. Any employee of the division or other person who willfully abuses or neglects any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who is convicted under this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.
4. For the purposes of this section : [abuse means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment.]
(a) Abuse means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the client;
(2) Striking the client;
(3) The use of excessive force when placing the client in physical restraints; and
(4) The use of physical or chemical restraints in violation of state or federal law.
(b) Client includes any person who seeks, on his own or others initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.
(c) Neglect means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:
(1) Establish or carry out an appropriate plan of treatment for the client;
(2) Provide the client with adequate nutrition, clothing or health care; and
(3) Provide a safe environment for the client.
Sec. 2. NRS 433A.360 is hereby amended to read as follows:
433A.360 1. A clinical record for each client must be diligently maintained [.] by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the clients admission, legal status, treatment and individualized plan for habilitation . [plan.] The clinical record is not a public record and no part of it may be released, except:
[1.] (a) The record [may] must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.
κ1987 Statutes of Nevada, Page 1198 (CHAPTER 533, SB 112)κ
[2.] (b) The record 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 the order of a court [.
3.] of competent jurisdiction.
(c) The record or any part thereof may be disclosed to a qualified [staff] member of the staff of a division facility , [or] an employee of the division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §§ 6041 et seq.) or the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. §§ 10801 et seq.) when the administrator deems it necessary for the proper care of the client.
[4.] (d) Information from the clinical records may be used for statistical and [evaluational] evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.
[5.] (e) 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.
(f) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq. if:
(1) The client is a client of that office and he or his legal representative or guardian authorized the release of the record; or
(2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:
(I) Is unable to authorize the release of the record because of his mental or physical condition; and
(II) Does not have a guardian or other legal representative or is a ward of the state.
2. As used in this section, client includes any person who seeks, on his own or others initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1199κ
Senate Bill No. 104Committee on Judiciary
CHAPTER 534
AN ACT relating to foster care; requiring an investigation of the criminal record of any person who applies for a license to conduct a foster home and certain other persons who are employed by or reside at a foster home; making an appropriation; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The welfare division of the department of human resources shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, and resident of a foster home who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.
2. The division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
Sec. 3. 1. Each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, or resident of a foster home who is 18 years of age or older shall submit to the welfare division of the department of human resources a complete set of his fingerprints and written permission authorizing the division to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report to enable the division to conduct an investigation pursuant to section 2 of this act.
2. The division may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the division.
Sec. 4. 1. The welfare division of the department of human resources shall conduct an investigation of each person who is licensed to conduct a foster home, employed at a foster home or, if 18 years of age or older, residing at a foster home on July 1, 1987, in the same manner and for the same purposes prescribed by section 2 of this act.
2. Each person who is licensed to conduct a foster home, employed at a foster home or, if 18 years of age or older, residing at a foster home on July 1, 1987, shall submit to the division by August 1, 1987, a compete set of his fingerprints and written permission authorizing the division to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report to enable the division to conduct an investigation pursuant to subsection 1.
κ1987 Statutes of Nevada, Page 1200 (CHAPTER 534, SB 104)κ
his fingerprints and written permission authorizing the division to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report to enable the division to conduct an investigation pursuant to subsection 1.
3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the division.
Sec. 5. 1. There is hereby appropriated from the state general fund to the welfare division of the department of human resources to pay the cost of investigations required by this act:
For the fiscal year 1987-88........................................................ $34,372
For the fiscal year 1988-89........................................................ 15,412
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
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Senate Bill No. 428Committee on Commerce and Labor
CHAPTER 535
AN ACT relating to cosmetology; providing for the licensing of instructors of aestheticians; reducing the amount of the surety bond required of schools of cosmetology; making various changes concerning the licensing and regulation of cosmetologists; and providing other matters properly relating thereto.
[Approved June 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall admit to examination for a license as an instructor of aestheticians any person who has applied to the board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 800 hours of training as a teacher in a licensed school of cosmetology; and
(e) Has practiced as a full-time licensed aesthetician for 1 year.
2. An instructor of aestheticians shall complete at least 30 hours of advanced training in a course approved by the board during each 2-year period of his license.
Sec. 2. (Deleted by amendment.)