[Rev. 2/27/2019 2:00:16 PM]
κ1987 Statutes of Nevada, Page 1713 (CHAPTER 712, AB 508)κ
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which [such] the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The city council or other governing body of each incorporated city [or town] may delegate the power and authority to enforce such liens to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of [such] those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
κ1987 Statutes of Nevada, Page 1714 (CHAPTER 712, AB 508)κ
appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
5. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 50. NRS 268.096 is hereby amended to read as follows:
268.096 1. In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the city council or other governing body of each incorporated city [or town] shall impose a tax at the rate of 1 percent of the gross receipts from the rental of lodging in that city [or town] upon all persons in the business of providing lodging.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.
Sec. 51. NRS 268.0962 is hereby amended to read as follows:
268.0962 The proceeds of the tax imposed pursuant to NRS 268.096 must be distributed as follows:
1. Three-eighths of all proceeds of the tax must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.
2. Five-eighths of all proceeds of the tax must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city [or town] to be used to advertise the resources of that county or incorporated city [or town] related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
Sec. 52. NRS 268.160 is hereby amended to read as follows:
268.160 The city planning commission may adopt bylaws and rules and regulations for its government and in connection with its duties, not inconsistent with the provisions of NRS [268.100] 268.110 to 268.220, inclusive, or of any ordinance creating the commission.
Sec. 53. NRS 268.190 is hereby amended to read as follows:
268.190 Except as otherwise provided by law, the city planning commission [shall have power:
1. To recommend] may:
1. Recommend and advise the city council and all other public authorities concerning:
(a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.
(b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises [shall] may be excluded, and limiting the height, area and bulk of buildings and structures therein.
κ1987 Statutes of Nevada, Page 1715 (CHAPTER 712, AB 508)κ
operation of certain business, manufacturing or other enterprises [shall] may be excluded, and limiting the height, area and bulk of buildings and structures therein.
2. [To recommend] Recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, which [shall] must include for each city a population plan if required by NRS 278.170.
3. [To do and perform any and all] Perform any other acts and things necessary or proper to carry out the provisions of NRS [268.100] 268.110 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare and in the interest of protecting the municipal areas natural resources from impairment.
Sec. 54. NRS 268.220 is hereby amended to read as follows:
268.220 The city planning commission may receive gifts, bequests or devises of property to carry out any of the purposes of NRS [268.100] 268.110 to 268.220, inclusive, and [shall have] has control and distribution over [the same.] those gifts, bequests and devises of property.
Sec. 55. NRS 268.240 is hereby amended to read as follows:
268.240 For the purpose of promoting the health, safety, morals, convenience, property or general welfare of the community, protecting the communitys natural resources from impairment, and conforming to the adopted population plan, the city council or other legislative body, designated in NRS [268.230] 268.240 to 268.300, inclusive, as a city council of any city [or incorporated town] of this state, may by ordinance:
1. Regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the location and use of buildings, structures and land for trade, industry, residence or other purposes.
2. Establish lines designating the distance at which buildings [shall] may be erected from the property line of any lot or lots in the city.
Sec. 56. NRS 268.250 is hereby amended to read as follows:
268.250 1. For any [and all] of the purposes enumerated in NRS 268.240, the city council may, by ordinance, divide the city into districts of such number, shape and area as may be deemed suitable to carry out the purposes of NRS [268.230] 268.240 to 268.300, inclusive; and within districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
2. All such regulations [shall] must be reasonable and uniform for each class or kind of buildings throughout each district and for the kind and class of business or industry carried on in each district, but the regulations in one district may differ from those in other districts.
Sec. 57. NRS 268.280 is hereby amended to read as follows:
268.280 1. In order to assist the city council in carrying out the provisions of NRS [268.230] 268.240 to 268.300, inclusive, and to carry out its purposes more adequately, the city council may provide, by ordinance, for the appointment of a zoning commission.
κ1987 Statutes of Nevada, Page 1716 (CHAPTER 712, AB 508)κ
its purposes more adequately, the city council may provide, by ordinance, for the appointment of a zoning commission.
2. The zoning commission, if appointed, [shall] must consist of 5 members to be appointed by the mayor and confirmed by the city council, all of whom [shall] must be appointed as follows: 2 for 2 years, and 3 for 4 years, their successors to hold office for 4 years. Any vacancies [shall] must be filled by the mayor for the unexpired term.
3. The members of the zoning commission [shall] are not entitled to receive any compensation, and shall select their officers from among their own body.
Sec. 58. NRS 268.300 is hereby amended to read as follows:
268.300 The city council of any city taking advantage of NRS [268.230] 268.240 to 268.300, inclusive, [is empowered to] may include in the zoning ordinance such penalty as is legal and may be deemed necessary to enforce any of its rules or regulations, or the terms of the ordinance for zoning, and for the punishment of the violations of the provisions of the ordinance.
Sec. 59. NRS 268.415 is hereby amended to read as follows:
268.415 1. In addition to powers elsewhere conferred upon cities, any city may institute a program of discussion and conciliation for the realization of civil and equal rights of residents of the city.
2. As used in this section, city means an incorporated city . [or an incorporated town.]
Sec. 60. NRS 268.420 is hereby amended to read as follows:
268.420 Notwithstanding the provisions of any city charter, or any other law, the governing bodies of any incorporated cities [or towns] may establish with the board of county commissioners of the county in which [such cities or towns] the cities are located, or with the governing bodies of any other cities [or towns within such] within the county, a health district as provided in chapter 439 of NRS.
Sec. 61. NRS 268.425 is hereby amended to read as follows:
268.425 The city council or other governing body of each incorporated city , [or town,] whether incorporated by general or special act, shall cause to be displayed, in each school zone where the city [or town] has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.
Sec. 62. NRS 268.696 is hereby amended to read as follows:
268.696 Municipality means any incorporated city , [or any incorporated town,] including without limitation any such city [or any such town] organized under the provisions of a special legislative act or other special charter as permitted by sections 1 and 8 of article 8 of the constitution of the State of Nevada, or otherwise.
Sec. 63. NRS 271.015 is hereby amended to read as follows:
271.015 This chapter applies:
1. To an unincorporated town.
2. To any city, including Carson City, [or any incorporated town,] whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.
κ1987 Statutes of Nevada, Page 1717 (CHAPTER 712, AB 508)κ
or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.
3. To any county for any project outside of any city.
4. To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this state otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.
Sec. 64. NRS 271.145 is hereby amended to read as follows:
271.145 1. Municipality means any county, unincorporated town [, city or incorporated town] or city in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type or other political subdivision to which this chapter applies. Municipal pertains thereto. Where the context so indicates, municipality means the geographical area comprising the municipality.
2. Municipality does not include an irrigation district or other special district governed by Title 48 of NRS.
Sec. 65. NRS 43.080 is hereby amended to read as follows:
43.080 Municipality means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city , [or town,] any unincorporated town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this state, housing authority, urban renewal authority, other type of authority, the University of Nevada, the board of regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.
Sec. 66. NRS 50.245 is hereby amended to read as follows:
50.245 Where criminal or quasi-criminal cases originating in the municipal court of an incorporated [town or] city are brought before the district court, the county clerk shall give a statement of the amounts due to witnesses, in the manner and form provided in NRS 50.235, to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the city treasurer [of the town or city] to pay the [same.] amount due. Upon the production of the order, or a certified copy thereof, the city treasurer [of the town or city] shall pay the sum specified therein out of any fund in the [town or] city treasury not otherwise specially appropriated or set apart. It [shall not be] is not necessary for such an order to be otherwise audited or approved.
Sec. 67. NRS 244.337 is hereby amended to read as follows:
244.337 1. The board of county commissioners of any county may provide by ordinance for the licensing and regulating of farmers markets located outside of an incorporated city . [or town.]
κ1987 Statutes of Nevada, Page 1718 (CHAPTER 712, AB 508)κ
2. Every person [, firm, association or corporation] who establishes a farmers market shall make application to the board of county commissioners of the county in which the farmers market is to be located. The application [shall] must be in a form and manner prescribed by the board of county commissioners.
3. The board of county commissioners may:
(a) Fix, impose and collect license fees upon the market.
(b) Grant or deny applications for licenses or impose conditions, limitations and restrictions upon the license.
(c) Adopt, amend and repeal regulations relating to the licenses and licensees of farmers markets.
Sec. 68. NRS 244.347 is hereby amended to read as follows:
244.347 1. The county license board of a county having a population of less than 100,000 may license greyhound racing in the county outside of an incorporated city . [or incorporated town.]
2. An application for licensing under this section must not be considered unless the applicant has first been approved for licensing by the Nevada racing commission. Each member of the firm, partnership, association or corporation receiving the license must have been approved by the county license board before the license is issued. Not more than one such license may be issued and it is not transferable.
3. Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.
Sec. 69. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners, and in counties having a population of less than 250,000, the sheriff of that county constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chairman from among its members.
2. The liquor board in each of the several counties shall enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.
3. In counties having a population of 250,000 or more, the liquor board shall refer any petition for a liquor license to the metropolitan police department.
κ1987 Statutes of Nevada, Page 1719 (CHAPTER 712, AB 508)κ
shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the boards next regular meeting.
4. All liquor dealers within any incorporated city [or town] are exempt from the effect of this section, and are to be regulated only by the government of that city . [or town.]
5. The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.
Sec. 70. NRS 280.040 is hereby amended to read as follows:
280.040 City means an incorporated city [or town] in this state.
Sec. 71. NRS 295.195 is hereby amended to read as follows:
295.195 As used in NRS 295.195 to 295.220, inclusive, unless the context otherwise requires:
1. City means an incorporated city . [or incorporated town.]
2. Council means the governing body of a city.
Sec. 72. NRS 309.030 is hereby amended to read as follows:
309.030 1. A majority in number of the holders of title, or evidence of title, to lands which will be benefited by the construction of powerplants and the distribution of electrical energy therefrom or the construction of a sewer system or the construction or acquisition of a water system, may propose the organization of a local improvement district under the terms of this chapter; provided:
(a) The holders of title or evidence of title hold title or evidence of title to at least one-half of the total area of the land in the proposed local improvement district, and in computing the total area in [such] that proposed local improvement district, the public domain of the United States of America [shall] must be excluded. The holder or holders of a bona fide contract to purchase any land within the proposed district and who have been in actual possession thereof at least 1 year under the terms of [such] that contract and whose names appear upon the next preceding equalized county assessment roll for the payment of taxes on the land shall be deemed the holder or holders of title thereto for all of the purposes of this chapter.
(b) Any lands situate within the boundaries of any incorporated [town,] city or irrigation district [shall not be] are not subject to the provisions of this chapter.
2. The equalized county assessment roll next preceding the presentation of a petition for the organization of a local improvement district [shall be] is sufficient evidence of title for the purpose of this chapter, but other evidence may be received. The petitioners may determine in the petition whether the proposed district [shall] will be divided into three, five or seven divisions, and whether it [shall] will have three, five or seven directors, but if no number is named in the petition the board of county commissioners may determine whether the number [shall] will be three, five or seven.
Sec. 73. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
κ1987 Statutes of Nevada, Page 1720 (CHAPTER 712, AB 508)κ
representative of the school district and the following additional representatives:
(a) In each county which contains more than one incorporated city : [or town:]
(1) One representative of the city [or town] in which the county seat is located;
(2) One representative of the other incorporated cities [or towns] jointly; and
(3) One representative of the public at large.
(b) In each county which contains but one incorporated city : [or town:]
(1) One representative of the incorporated city ; [or town;] and
(2) Two representatives of the public at large.
(c) In each county which contains no incorporated city , [or town,] one representative of the public at large.
(d) In each county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.
2. In Carson City, there is hereby created a general obligation bond commission, to be composed of one representative of the board of supervisors, one representative of the school district, one representative of general improvement districts and two representatives of the public at large.
3. Each representative of a single local government [shall] must be chosen by its governing body. Each representative of two or more local governments [shall] must be chosen by their governing bodies jointly, each governing body have one vote. Each representative of the general improvement districts [shall] must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large [shall] must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote [shall] must be resolved by lot.
4. Members of the commission or their successors [shall] must be chosen in January of each odd-numbered year and shall hold office for a term of 2 years beginning January 1, except the representatives of incorporated cities [or towns, who shall] , who must be chosen after elections are held in the cities [or towns but prior to] but before the annual meeting of the commission.
5. Any vacancy [shall] must be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 74. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law.
κ1987 Statutes of Nevada, Page 1721 (CHAPTER 712, AB 508)κ
by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof [shall cease] ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities , [or towns,] school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person [, firm or corporation] for the construction or completion of public works, [funds] money for which [have] has been provided by the proceeds of a sale of bonds or short-term financing. Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person [, firm or corporation] solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television broadcast translator signals as authorized by NRS 269.127.
(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.
(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amount then due.
Sec. 75. NRS 360.287 is hereby amended to read as follows:
360.287 Any person charged with the duty of apportioning any tax proceeds to any incorporated city [or town] shall use the population figures which are certified annually by the governor.
κ1987 Statutes of Nevada, Page 1722 (CHAPTER 712, AB 508)κ
Sec. 76. NRS 361.305 is hereby amended to read as follows:
361.305 The county assessor shall also make a map or plat of the various blocks within any incorporated city [or town,] and shall mark thereon the various subdivisions, as they are assessed. Each parcel in a subdivision [shall] must be further identified by a parcel number in accordance with the parceling system prescribed by the department.
Sec. 77. NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires:
1. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, authorized by this chapter.
2. Board means the board of county commissioners.
3. City means an incorporated city . [or incorporated town.]
4. Commission means the regional transportation commission.
5. Cost of the project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, 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 preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
6. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.
κ1987 Statutes of Nevada, Page 1723 (CHAPTER 712, AB 508)κ
7. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, authorized by this chapter. [Improvement or improve] The term does not include renovation, reconditioning, patching, general maintenance or other minor repair.
8. Project means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.
9. Town means an unincorporated town.
Sec. 78. NRS 377.020 is hereby amended to read as follows:
377.020 As used in this chapter, unless the context requires otherwise:
1. Basic city-county relief tax means that portion of the tax which is levied at the rate of 0.5 percent.
2. City means an incorporated city . [or incorporated town.]
3. County includes Carson City.
4. Supplemental city-county relief tax means the remainder of the tax after subtracting the basic city-county relief tax.
Sec. 79. NRS 439.380 is hereby amended to read as follows:
439.380 When any county and one or more incorporated cities [or towns within such] within the county establish a district board of health, the county board of health and the board of health of [such] the city or cities [, town or towns shall thereupon] must be abolished, and the district board of health [shall have] must be given the same powers, duties and authority that [such] county board of health had [prior to] before the establishment of [such] the district board of health.
Sec. 80. NRS 463.323 is hereby amended to read as follows:
463.323 1. The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which [such] the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on his official bond for all money due for [such] the licenses remaining uncollected by reason of his negligence.
κ1987 Statutes of Nevada, Page 1724 (CHAPTER 712, AB 508)κ
official bond for all money due for [such] the licenses remaining uncollected by reason of his negligence.
2. On or before the 5th day of each month the sheriff of a county which has no county license department shall pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.
3. In a county which has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:
(a) Where the license is collected within the boundaries of any incorporated city , [or town,] the county shall retain 25 percent of the money, and the incorporated city [or town] is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city . [or town.]
(b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for general use and benefit of the unincorporated town.
Sec. 81. NRS 466.095 is hereby amended to read as follows:
466.095 The Nevada gaming commission shall not issue any license to conduct pari-mutuel wagering in connection with any greyhound race unless:
1. Greyhound racing is permitted by a special charter of a city to be conducted in that city and a license to conduct the race has been issued by the city council or other governing body of [such] that city; or
2. The county license board of a county having a population of less than 100,000 has issued a license to conduct the race in the county outside of an incorporated city . [or incorporated town.]
Sec. 82. NRS 482.181 is hereby amended to read as follows:
482.181 1. The department shall certify monthly to the state board of examiners the amount of the privilege tax collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
κ1987 Statutes of Nevada, Page 1725 (CHAPTER 712, AB 508)κ
rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
3. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
4. The department shall make distributions directly to counties, county school districts and incorporated cities . [or towns.] Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 83. NRS 484.033 is hereby amended to read as follows:
484.033 City means any incorporated city , [or town,] whether incorporated under general or special law.
Sec. 84. NRS 535.070 is hereby amended to read as follows:
535.070 1. The term water of such river, and used in this section, [shall be construed to mean] means the normal and natural flow of water in [such] the river unaffected by flood, storm or other abnormal natural causes.
2. Any person [, persons, firm, association, company or corporation] owning, leasing or constructing any dam in any river of this state within 2 miles of an incorporated city [or town] governed by a board of county commissioners shall make or construct a weir in [such] the dam of such size as to admit of the free passage of the water of such river during such portions of the year as such water is not being used for irrigating purposes.
3. If any person [, persons, firm, association, company or corporation mentioned in subsection 2 shall fail, neglect or refuse] fails, neglects or refuses to comply with the provisions of subsection 2, the district attorney of the county wherein the dam is situated or being constructed shall commence mandamus proceedings to compel [such person, persons, firm, association, company or corporation] the person to comply with the provisions of subsection 2, or the board of county commissioners of [such] the county may order the weir to be constructed at the expense of the county, and [such county shall have] the county has a right of action against the owner or lessee of the dam for all expenses incurred by the county in constructing the weir and may recover judgment on the right of action and satisfy the [same] judgment in the manner provided by law.
4. The provisions of this section [shall] do not apply to dams constructed or being constructed or hereafter to be constructed for the purpose of permanently storing the waters of such river for beneficial purposes.
Sec. 85. NRS 541.050 is hereby amended to read as follows:
541.050 1. Before any water conservancy district is established under this chapter, a petition must be filed in the office of the clerk of the court vested with jurisdiction, in a county in which all or part of the lands embraced within [such] the proposed water conservancy district are situated.
κ1987 Statutes of Nevada, Page 1726 (CHAPTER 712, AB 508)κ
vested with jurisdiction, in a county in which all or part of the lands embraced within [such] the proposed water conservancy district are situated. The petition must, in a case where the proposed district is situated in one county only, be signed by not fewer than 20 percent of the owners of land [(as hereinafter defined)] within the proposed district not embraced within the limits of any city or town; and be also signed by not fewer than 5 percent [, or 100 (] or 100, whichever is the lesser , [),] of the owners of land embraced within the limits of each city or town situated within the proposed district. In a case where the proposed district is situated in more than one county, the petition must be signed by not fewer than 10 percent [, or 500 (] or 500, whichever is the lesser , [),] of the owners of land [(as hereinafter defined)] in each county, or portion thereof, within the proposed district not embraced within the limits of any city or town; and be also signed by not fewer than 5 percent [, or 100 (] or 100, whichever is the lesser , [),] of the owners of land embraced within the limits of each city or town situated in the proposed district. Opposite the signature of each petitioner [there] must be set forth a brief description or designation by county assessors record or otherwise of the land owned by him and a statement of the acreage thereof. The term owners of land, as used in this subsection with reference to persons outside the limits of a city or town within the district, means those persons who own 5 acres or more of real estate; and the term owners of land, as used in this subsection with reference to persons within a city or town, means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
2. If a petitioner signs the petition both as owner of land situated within, and of land situate without, a city or town, his name must be counted only as an owner of land situated without a city or town. A signing petitioner must not be permitted, after the filing of the petition, to withdraw his name therefrom.
3. No district may be formed under this chapter unless the assessed valuation of the land, together with improvements thereon, within the proposed district exceeds $500,000 and unless the signing petitioners have lands, together with improvements thereon, of an assessed value of at least $50,000.
4. The petition must set forth:
(a) The proposed name of the district.
(b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in NRS 541.030.
(c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a property owner to ascertain whether his property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in NRS 541.030.
κ1987 Statutes of Nevada, Page 1727 (CHAPTER 712, AB 508)κ
(d) That the assessed value of all land, together with the improvements thereon, within the boundaries of the proposed district exceeds $500,000.
(e) A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or [town, or] combination of incorporated cities , [or towns,] within the water conservancy district.
(f) The name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district will enter into a contract or contracts.
(g) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency [be] is named in the petition, then one representative of each principal subcontracting agency named therein.
(h) A prayer for the organization of the district by the name proposed.
5. No petition with the requisite signatures may be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and must together be regarded as one petition. All such petitions filed [prior to] before the hearing on the first petition filed must be considered by the court the same as though filed with the first petition placed on file.
6. In determining whether the requisite number of landowners have signed the petition, the court is governed by the names as they appear upon the tax roll, which is prima facie evidence of such ownership.
Sec. 86. NRS 541.100 is hereby amended to read as follows:
541.100 1. Within 30 days after entering the decree incorporating the district, the court shall appoint a board of directors therefor consisting of one director from each of the divisions specified in the petition, and, in addition, one from the principal proposed subcontracting agency mentioned in the petition, or, if there [be] is more than one such agency mentioned in the petition, then from each [of such] principal subcontracting agencies; but the total number of directors of the district [shall] must not exceed seven. No person [shall] may be disqualified to act as a director because he is an officer, employee or stockholder of, or owner of land within, any irrigation or other district constituting a division, or part of a division, or subcontracting agency of the district; nor [shall] may any director for [such] that reason be disqualified to vote or act upon any matter involving such irrigation or other district or subcontracting agency.
2. The court shall fix the terms of office so that not less than three of the directors first appointed after organization of the district shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed.
κ1987 Statutes of Nevada, Page 1728 (CHAPTER 712, AB 508)κ
after the end of the calendar year in which they were appointed. All succeeding terms of office [shall] must be for 4 years. Upon the expiration of the term of office of any director, the court shall, upon the recommendation of the district or incorporated [town or] city, or combination of incorporated [towns and] cities, or subcontracting agency, as the case may be, from which [such] the director was appointed, appoint a successor to [such] the director to hold office for 4 years.
3. All vacancies in the office of director [shall] must be filled in the [same manner lastly hereinabove stated.] manner provided in subsection 2. Each director shall hold office during the term for which he is appointed and until his successor is appointed and has qualified.
4. An annual meeting of the board of directors [shall] must be held on a date to be fixed by the board and, in addition thereto, the board shall hold meetings at least quarterly on dates to be fixed in the bylaws of the district. A report of the business transacted during the preceding year by the district, including a financial report prepared by qualified public accountants, [shall] must be filed with the clerk of the district court on or before the date of the annual meeting.
Sec. 87. NRS 555.150 is hereby amended to read as follows:
555.150 Every railroad, canal, ditch or water company, and every person [, firm or corporation] owning, controlling or occupying lands in this state, and every county, incorporated [town,] city or district having the supervision and control over streets, alleys, lanes, rights of way, or other lands, shall cut, destroy or eradicate all weeds declared and designated as injurious and noxious as provided in NRS 555.130, before such weeds [shall] propagate and spread, and whenever required by the state quarantine officer.
Sec. 88. NRS 555.190 is hereby amended to read as follows:
555.190 Any expense incurred by any county in the cutting, destroying or eradicating of injurious or noxious weeds from any street, lane, alley or other property owned or controlled by an incorporated [town or] city in [such incorporated town or] that city, in accordance with the provisions of NRS 555.170, [shall] must be repaid to the county from the general fund of the incorporated [town or] city, upon presentation to the governing body of the incorporated [town or] city of an itemized statement of the expense so incurred.
Sec. 89. NRS 555.203 is hereby amended to read as follows:
555.203 1. The board of county commissioners of any county shall create one or more weed control districts in that portion of the county which lies outside any incorporated city [or incorporated town] if there is filed a petition which:
(a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by owners of land within the proposed weed control district who:
κ1987 Statutes of Nevada, Page 1729 (CHAPTER 712, AB 508)κ
(1) Are 60 percent or more of the total number of such owners; and
(2) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included.
2. If the land to be included in the weed control district is situated within two or more counties, the petition must designate the area of each of the counties to be included in the district and must be signed by owners of land within the proposed district who:
(a) Are 60 percent or more of the total number of such owners in each of the counties from which lands are to be included; and
(b) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included in each of the counties.
The petition must be filed with the board of county commissioners of the county in which is located the larger or largest proportion of the area, and that board of county commissioners has jurisdiction over the entire area for the purpose of creating the district and, except as otherwise provided in NRS 555.202 to 555.210, inclusive, for carrying out the duties of county commissioners with respect to the district.
3. Lands proposed for inclusion in a weed control district need not be contiguous.
4. Before creating a weed control district, the board of county commissioners shall hold at least one public hearing, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on [such] that land do not render substantially more difficult the control of weeds on other lands in the proposed district.
Sec. 90. NRS 555.510 is hereby amended to read as follows:
555.510 1. The board of county commissioners of any county shall create one or more rodent control districts in that portion of the county which lies outside any incorporated city [or incorporated town] if there is filed a petition which:
(a) Designates the area to be included in the rodent control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by the owners of more than 50 percent in assessed valuation, as shown by the current assessment roll of the county, of the lands to be included in the rodent control district.
2. Before creating a rodent control district, the board of county commissioners shall hold at least one public hearing, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made.
κ1987 Statutes of Nevada, Page 1730 (CHAPTER 712, AB 508)κ
entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any rodents which exist on [such] that land do not render substantially more difficult the control of rodents on other lands in the proposed district.
Sec. 91. NRS 624.330 is hereby amended to read as follows:
624.330 This chapter does not apply to:
1. Work done exclusively by an authorized representative of the United States Government, the State of Nevada, or any incorporated [town,] city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
2. Officers of a court when they are acting within the scope of their office.
3. Work done exclusively by public utilities operating under the regulations of the public service commission of Nevada on construction, maintenance and development work incidental to their own business.
4. Owners of property building or improving residential structures thereon for the occupancy of [such] the owner and not intended for sale.
5. The sale or installation of any finished products, materials or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure.
6. Any construction, alteration, improvement or repair of personal property.
7. Any construction, alteration, improvement or repair financed in whole or in part by the Federal Government and carried on within the limits and boundaries of any site or reservation, the title of which rests in the Federal Government.
8. Owners of property, the primary use of which is as an agricultural or farming enterprise, building or improving structures thereon for the use or occupancy of the owner and not intended for sale or lease.
9. An owner of property who builds or improves structures upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for [such] the building or improvement, if [such] the owner is and remains financially responsible for the building or improving of all buildings and structures built by [such] the owner upon his property pursuant to the exemption of this subsection.
Sec. 92. NRS 647.080 is hereby amended to read as follows:
647.080 NRS 647.010 to 647.095, inclusive, [shall not be construed as impairing] does not impair the power of cities [or incorporated towns] in this state to license, tax and regulate any person, firm or corporation now engaged in or hereafter engaged in the buying and selling of junk.
Sec. 93. NRS 708.050 is hereby amended to read as follows:
708.050 1. The right to lay, maintain and operate pipelines, together with telephone and telegraph lines incidental to and designated for use only in connection with the operations of [such] those pipelines, along, across or under any public stream or highway in this state, is hereby conferred upon all persons [, firms, partnerships, joint-stock associations, or other associations or corporations] coming within any of the definitions of common carrier pipelines contained in NRS 708.020, [which] who have obtained a certificate of public convenience and necessity as provided in NRS 708.025 and 708.035.
κ1987 Statutes of Nevada, Page 1731 (CHAPTER 712, AB 508)κ
under any public stream or highway in this state, is hereby conferred upon all persons [, firms, partnerships, joint-stock associations, or other associations or corporations] coming within any of the definitions of common carrier pipelines contained in NRS 708.020, [which] who have obtained a certificate of public convenience and necessity as provided in NRS 708.025 and 708.035.
2. In the exercise of the privileges herein conferred, such pipelines shall compensate the county or counties for any damage done to [such] the public road or highway in the laying of pipelines, telegraph or telephone lines, along or across the same.
3. [Nothing herein shall be construed:] This section does not:
(a) [To grant] Grant any pipeline company the right to use any public street or alley of any incorporated city [or town,] except by express permission from the city or governing authority thereof.
(b) [To permit] Allow any company to use any street or alley of an unincorporated town, except by express permission of the board of county commissioners of the county in which [such] the town is situated.
Sec. 94. NRS 710.570 is hereby amended to read as follows:
710.570 1. In all cases wherein such sewerage systems, light systems, water systems, water and light systems, or sewerage, light and water systems are constructed or acquired under the provisions of NRS 710.400 to 710.590, inclusive, in such unincorporated towns, and [such] those towns are afterward incorporated, the control and management of [such] those systems is vested in their municipal governments.
2. In case [such] the towns are incorporated while the work of construction is in progress, the work must nevertheless be carried on to completion by the board of county commissioners, and, when completed, [such] the system must be turned over to the city [or town] government as soon as it has been organized, and it has control and management thereof. The city [or town] government shall then provide for the payment of the principal and interest on the bonds, when the revenues from the service of [such] those systems are insufficient therefor, by the levy and collection of taxes as provided in NRS 710.400 to 710.590, inclusive.
3. The county treasurer has custody of the sewerage, light, water, light and water, or sewerage, light and water funds, and he shall turn [such] those funds over to the city treasurer immediately upon the qualification of the city treasurer. The bonds, principal and interest must then be paid by the city government in all respects as prescribed for their payment by the board of county commissioners acting in behalf of the city . [or town.] Whatever may be the designation of the board of control of [such] the incorporated city , [or town,] it succeeds to all the powers and privileges conferred on the board of county commissioners by the provisions of NRS 710.400 to 710.590, inclusive.
Sec. 95. Section 126 of chapter 152, Statutes of Nevada 1987, is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 1732 (CHAPTER 712, AB 508)κ
Sec. 126. NRS 267.110 is hereby amended to read as follows:
267.110 1. Any city having adopted a charter under the provisions of NRS 267.010 to 267.140, inclusive, has under the charter:
(a) All of the powers enumerated in the general laws of the state for the incorporation of cities.
(b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.
2. The charter, when submitted, must:
(a) Fix the number of commissioners, their terms of office [,] and their duties and compensation.
(b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, their duties and powers.
(c) Fix, in accordance with the provisions of [NRS 266.623 and 266.626] sections 3 and 4 of this act or with the provisions of [NRS 266.629,] section 5 of this act, the time for the first and subsequent elections for all elective officers, and, after the first election and the qualification of the officers thereat elected, the old officers [,] and all boards or offices must be abolished, together with the emoluments thereof, and cease to exist.
Sec. 96. Section 127 of chapter 152, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 127. NRS 268.010 is hereby amended to read as follows:
268.010 1. As used in this section, city means an incorporated city.
2. An amendment to the charter of a city may be:
(a) Made by the legislature.
(b) Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted by a petition signed by registered voters of the city equal [in number] to 15 percent or more of the voters who voted at the last preceding general [municipal] city election, setting forth the proposed amendments.
3. An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next general [municipal] city election or at a special election.
4. The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.
5. The petition must be filed with the city clerk. It must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions.
6. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative counsel.
κ1987 Statutes of Nevada, Page 1733 (CHAPTER 712, AB 508)κ
Sec. 97. NRS 266.020, 266.025, 266.030, 266.035, 266.040, 268.100 and 268.230 are hereby repealed.
Sec. 98. The amendatory provisions of this act do not affect the validity of the incorporation of any city which was incorporated before July 1, 1987, pursuant to chapter 266 of NRS, as those sections existed on the date of incorporation.
Sec. 99. In preparing the 1987 reprint of NRS, the legislative counsel shall appropriately correct any references to incorporated town in sections which are not amended by this act or are further amended by another act.
Sec. 100. This act becomes effective upon passage and approval.
________
Assembly Bill No. 832Committee on Government Affairs
CHAPTER 713
AN ACT relating to local governments; removing certain territory from the City of Mesa Vista; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature declares that:
1. The combined effect of the laws governing incorporation of municipalities and the laws restricting the revenue received by local governments appears to be to allow large portions of assessed valuation to be withdrawn permanently from a county without a commensurate reduction in the level of basic services provided by that county.
2. In counties with larger populations, such a reduction in revenue without a corresponding reduction in expenses would result in serious financial difficulties which were not anticipated by the legislature at the time these laws were enacted.
3. The legislature recognized this problem by establishing a moratorium for the incorporation of cities in larger counties, but the City of Mesa Vista was incorporated before the moratorium became effective.
4. Therefore, the exigencies of local municipal finance necessitate that a part of the incorporated area of Mesa Vista be detached from it and made a part of the unincorporated area to provide economic balance for the new city and the county.
Sec. 2. The following described territory shall not be included within the boundaries of the incorporated City of Mesa Vista and is hereby made a part of the unincorporated area of Clark County:
The northwest quarter and the west half of the northeast quarter and the southeast quarter of the northeast quarter of section 23, T. 21 S., R. 62 E., M.D.B. & M., and the south half of the southwest quarter of section 14, T. 21 S., R. 62 E., M.D.B. & M., and the north half of section 22, T. 21 S.,
κ1987 Statutes of Nevada, Page 1734 (CHAPTER 713, AB 832)κ
R. 62 E., M.D.B. & M., and the east 184 feet of the north half of section 21, T. 21 S., R. 62 E., M.D.B. & M.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 552Committee on Education
CHAPTER 714
AN ACT relating to education; requiring each county school district to establish a course of instruction for pupils in public schools concerning acquired immune deficiency syndrome and the human reproductive system; requiring a notice of the course to a parent or guardian and a form for consent to be included in the registration material for each pupil; requiring the state board of education to present certain information to the next session of the legislature; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.065 is hereby amended to read as follows:
389.065 1. The board of trustees of a school district [may] shall establish a course or unit of a course of [instruction] :
(a) Factual instruction concerning acquired immune deficiency syndrome; and
(b) Instruction on the human reproductive system, related communicable diseases and sexual responsibility.
2. [If a school board establishes such a course, it] Each board of trustees shall appoint an advisory committee consisting of:
(a) [Four] Five parents of children who attend schools in the district; and
(b) [Three] Four representatives, one from each of [three] four of the following professions or occupations:
(1) Medicine or nursing;
(2) Counseling;
(3) Religion; [or]
(4) Pupils who attend schools in the district [.] ; or
(5) Teaching.
This committee shall advise the district concerning the content of and materials to be used in [the] a course of instruction [,] established pursuant to this section, and the recommended ages of the pupils to whom the course is offered. The final decision on these matters must be that of the board of trustees.
3. The subjects of the [course] courses may be taught only by a teacher or school nurse whose qualifications have been previously approved by the board of trustees.
4. The parent or guardian of each pupil to whom [the] a course is offered must first be furnished written notice that the course will be offered.
κ1987 Statutes of Nevada, Page 1735 (CHAPTER 714, AB 552)κ
offered must first be furnished written notice that the course will be offered. The notice must be given in the usual manner used by the local district to transmit written material to parents, and must contain a form for the signature of the parent or guardian of the pupil consenting to his attendance. Upon receipt of the written consent of the parent or guardian, the pupil may attend the course . [; otherwise] If the written consent of the parent or guardian is not received, he must be excused from such attendance without any penalty as to credits or academic standing. Any course offered pursuant to this section is not a requirement for graduation.
5. All instructional materials to be used in [the] a course must be available for inspection by parents or guardians of pupils at reasonable times and locations [prior to the conduct of the course,] before the course is taught, and appropriate written notice of the availability of the material must be furnished to all parents and guardians.
Sec. 2. 1. The state board of education shall collect and compile the material and statistics developed by each school district for the instruction concerning acquired immune deficiency syndrome and shall report this information to the 65th session of the Nevada legislature.
2. Each school district shall begin offering the instruction required by this act on or before the first day of the 1987-1988 school year.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 328Senators Horn, Vergiels, Wagner, Coffin, Mello, Shaffer, Neal and Rawson
CHAPTER 715
AN ACT relating to labor; requiring employers to extend certain benefits to pregnant employees if those benefits are granted to other employees; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
If an employer grants leave with pay, leave without pay, or leave without loss of seniority to his employees for sickness or disability because of a medical condition, he shall extend the same benefits to any female employee who is pregnant. The female employee who is pregnant may use the leave before and after childbirth, miscarriage or other natural resolution of her pregnancy, if the leave is granted, accrued or allowed to accumulate as a part of her employment benefits.
Sec. 2. NRS 608.180 is hereby amended to read as follows:
608.180 The labor commissioner or his representative shall cause the provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act, to be enforced, and upon notice from him the district attorney of any county in which a violation of [such] those sections has occurred or the special counsel, as provided by NRS 607.065, shall prosecute the action for enforcement according to law.
κ1987 Statutes of Nevada, Page 1736 (CHAPTER 715, SB 328)κ
provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act, to be enforced, and upon notice from him the district attorney of any county in which a violation of [such] those sections has occurred or the special counsel, as provided by NRS 607.065, shall prosecute the action for enforcement according to law.
Sec. 3. NRS 608.195 is hereby amended to read as follows:
608.195 Every person violating any of the provisions of NRS 608.005 to 608.190, inclusive, and section 1 of this act, is guilty of a misdemeanor.
________
Senate Bill No. 120Committee on Finance
CHAPTER 716
AN ACT relating to the state personnel system; increasing the amount of compensation paid to state employees to encourage continuity of service; making an appropriation; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.177 is hereby amended to read as follows:
284.177 1. A plan to encourage continuity of service, administered by the department is hereby established for employees with 8 years or more of continuous state service. Employees rated standard or better with 8 years of continuous service are entitled to receive $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum of [20] 30 years of continuous state service.
2. An interruption in continuous state service terminates the employees eligibility for additional pay pursuant to subsection 1.
3. Except as provided in this subsection, no year served before the interruption may be counted in determining the employees subsequent eligibility. This provision does not apply to an employee who was employed before July 1, 1981, unless he leaves state service after that date.
4. As used in this section, continuous service means uninterrupted service as defined by the commission.
Sec. 2. 1. There is hereby appropriated from the state general fund to the state board of examiners for distribution to state agencies which apply for reimbursement of the additional costs caused by the amendatory provisions of this bill:
For the fiscal year 1987-88........................................................ $89,323
For the fiscal year 1988-89........................................................ 110,391
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.
κ1987 Statutes of Nevada, Page 1737 (CHAPTER 716, SB 120)κ
after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. The amendatory provisions of section 1 of this act apply only to calculations made for payments on or after July 1, 1987.
________
Senate Bill No. 144Senators Vergiels, Mello, Redelsperger, Joerg, Neal, Coffin, Townsend, Shaffer, Beyer, OConnell and ODonnell
CHAPTER 717
AN ACT relating to controlled substances; requiring illegal dealers in controlled substances to register with the department of taxation; imposing a tax on illegally sold controlled substances; providing for the confidentiality of certain information submitted by dealers; providing a penalty; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Controlled substance includes:
1. A drug, substance or immediate precursor listed in schedules I to V, inclusive, of the regulations adopted by the state board of pharmacy; and
2. A substance which:
(a) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and
(b) Is an imitation of or intended for use as a substitute for a substance described in subsection 1.
Sec. 4. Marihuana has the meaning ascribed to it in NRS 453.096.
Sec. 5. Sell includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale, possession or transportation in contravention of this chapter and any other transfer for any consideration or a promise, obtained directly or indirectly.
Sec. 6. The department shall adopt all necessary regulations to carry out the provisions of this chapter.
Sec. 7. 1. This chapter does not apply to any person who is registered or exempt from registration pursuant to NRS 453.226 or any other person who is lawfully in possession of a controlled substance.
2. Compliance with this chapter does not immunize a person from criminal prosecution for the violation of any other provision of law.
κ1987 Statutes of Nevada, Page 1738 (CHAPTER 717, SB 144)κ
Sec. 8. 1. A person shall not sell, offer to sell or possess with the intent to sell a controlled substance unless he first:
(a) Registers with the department as a dealer in controlled substances and pays an annual fee of $250; and
(b) Pays a tax on:
(1) Each gram of marihuana, or portion thereof, of $100;
(2) Each gram of any other controlled substance, or portion thereof, of $1,000; and
(3) Each 50 dosage units of a controlled substance that is not sold by weight, or portion thereof, of $2,000.
2. For the purpose of calculating the tax imposed by subparagraphs (1) and (2) of paragraph (b) of subsection 1, the controlled substance must be measured by the weight of the substance in the dealers possession, including the weight of any material, compound, mixture or preparation that is added to the controlled substance.
3. The department shall not require a registered dealer to give his name, address, social security number or other identifying information on any return submitted with the tax.
4. Any person who violates subsection 1 is subject to a civil penalty of 100 percent of the tax in addition to the tax imposed by subsection 1. Any civil penalty imposed pursuant to this subsection must be collected as part of the tax.
4. The district attorney of any county in which a dealer resides may institute and conduct the prosecution of any action for violation of subsection 1.
Sec. 9. 1. All information which is submitted to the department by or on behalf of a dealer in controlled substances pursuant to this chapter and all records of the department which contain the name, address or any other identifying information concerning a dealer are confidential.
2. No criminal prosecution may be initiated on the baisis of:
(a) Information which was submitted to the department; or
(b) Evidence derived from information submitted to the department, pursuant to this chapter or any regulation adopted pursuant thereto.
3. No information described in paragraph (a) or (b) of subsection 2 is admissible in a criminal prosecution, unless the prosecution shows that the information:
(a) Was independently discovered; or
(b) Inevitably would have been discovered based on independent information.
4. This section does not prohibit the department from publishing statistics that do not disclose the identity of a dealer or the contents of a particular return or report submitted to the department by a dealer.
5. Any person who releases or reveals confidential information in violation of this section is guilty of a gross misdemeanor.
Sec. 10. 1. The department shall:
(a) Design suitable stamps for the purpose of this chapter.
(b) Have as many stamps printed as may be required.
κ1987 Statutes of Nevada, Page 1739 (CHAPTER 717, SB 144)κ
(c) Sell the stamps to dealers in controlled substances who are registered.
2. The stamps must be serially numbered and the department shall maintain a record of the number of each stamp with the name of the dealer to whom it was sold.
Sec. 11. Upon the written authorization of the state board of examiners, any spoiled or unusable stamps in the possession of the department may be destroyed. The written authorization of the state board of examiners must set forth the number, denomination and face value of the stamps.
Sec. 12. 1. All taxes, fees and civil penalties collected by the department pursuant to this chapter, after deducting the actual cost of producing the stamps and administering this chapter, must be deposited with the state treasurer for credit to the state general fund.
2. One-half of the money deposited in the state general fund pursuant to subsection 1 must be accounted for separately and used only for the enforcement of chapter 453 of NRS.
3. One-half of any civil penalty collected by a district attorney pursuant to section 8 of this act must be deposited in the county treasury for the purposes of law enforcement and conducting criminal prosecutions. The remainder must be deposited with the state treasurer for credit to the state general fund.
4. One-half of the money deposited in the state general fund pursuant to subsection 3 must be accounted for separately and used only for the enforcement of chapter 453 of NRS.
Sec. 13. 1. The department shall immediately deliver any controlled substances which come into its possession in the course of administering this chapter, with a full accounting to the investigation division of the department of motor vehicles and public safety.
2. The investigation division of the department of motor vehicles and public safety and every other law enforcement agency shall notify the department of each person it discovers having possession of a controlled substance and the serial number of any stamps affixed.
Sec. 14. No person may bring suit to enjoin the assessment or collection of any taxes, interest or civil penalties imposed by this chapter.
Sec. 15. 1. The tax and civil penalties assessed by the department are presumed to be valid and correctly determined and assessed. The burden is on the taxpayer to show their incorrectness or invalidity.
2. Any certificate of delinquency or other statement of the amount of tax and penalties determined or assessed by the department is admissible in evidence and is prima facie evidence of the facts it contains.
Sec. 16. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1740κ
Senate Bill No. 474Committee on Finance
CHAPTER 718
AN ACT making an appropriation to Lincoln County from the reserve fund for the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved June 22, 1987]
whereas, Lincoln County is required to provide a jail and protection for its residents; and
whereas, Federal law requires the jail to be adequately staffed and maintained and Lincoln County cannot meet the federal requirements; and
whereas, The county needs to replace the sheriffs patrol vehicles to continue to meet the needs of the community; and
whereas, The county has to change its present system of radio communications because the civil defense/emergency management division will be taking control of the Lincoln County radio band which will result in considerable unanticipated costs to the county to change its existing system; and
whereas, The county road department needs to replace certain vehicles used in road maintenance; and
whereas, The county computer needs to be expanded to accommodate financial recordkeeping and property tax billing; and
whereas, The electrical system in the courthouse has been determined by OSHA not to meet the required standards; and
whereas, Certain roads to state parks need major repairs; and
whereas, The county is currently facing shortfalls in revenue which will result in its inability to finance expenditures as required for the public safety of its residents; and
whereas, Lincoln County is facing imminent and uncontrollable conditions which will substantially impair the financial capacity of the county commission to provide the basic services for which it was created and the county may have to close the jail, have no radio communications, inadequate police and road maintenance vehicles and an inadequate computer; and
whereas, The county commissioners of Lincoln County have experienced budget shortfalls and immediate needs for which the anticipated total cost is $200,000; and
whereas, A substantial cost is involved to staff the county jail in excess of the present level to be in compliance with federal guidelines; and
whereas, The justice courts are requiring additional funding because of jury trials in certain cases and other requirements for justice courts; and
whereas, Federal Revenue Sharing has been eliminated; and
whereas, There has been a decrease in the population and assessed value in the last 3 years; and
κ1987 Statutes of Nevada, Page 1741 (CHAPTER 718, SB 474)κ
whereas, A majority of the households in the county are at or below federal poverty level or are senior citizens; and
whereas, The Lincoln County Commission will be unable to meet the needs of the residents of Lincoln County because of budget shortfalls; and
whereas, Lincoln County, acting through its elected county commissioners, has attempted to solve the countys financial problems by:
1. Encouraging economic development in the county to provide employment and increase the economic base of the county;
2. Forming a task force of local residents on economic development;
3. No replacing capital equipment on a normal replacement schedule;
4. Not increasing the number of staff positions even though federal and state legislation has increased the responsibilities of the county;
5. Applying for and receiving three Community Development Block Grants for its infrastructure; and
6. Working with the Air Force in an effort to get the gates opened and the road oiled into the north end of the test site with the expectation that persons working at the test site would live in Lincoln County;
now, therefore
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Lincoln County:
For the fiscal year 1986-87........................................................................ $200,000
For the fiscal year 1987-88........................................................................ 220,000
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 582Committee on Finance
CHAPTER 719
AN ACT relating to the operation of vending stands by blind persons; excluding the buildings and property of the department of prisons from the requirement that a priority of right to operate vending stands be given to blind persons; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
κ1987 Statutes of Nevada, Page 1742 (CHAPTER 719, SB 582)κ
1. Operator means the individual blind person responsible for the day-to-day operation of the vending stand.
2. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the state or any of its political subdivisions except public elementary and secondary schools , [and] the University of Nevada System , [and] the Nevada state park system [.] and the department of prisons.
3. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles or the provision of such services as may be approved by the bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) A cafeteria or snack bar for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages or the provision of approved services.
________
Assembly Bill No. 565Assemblymen Sader, Dini, Bergevin, DuBois, Thomas, McGaughey, Thompson, Sedway, Jeffrey, May, Nevin, Adler, Kissam, Lambert, Craddock, Price, Fay, Schofield, Swain, Arberry, Evans, Spriggs, Garner, Humke, Triggs, Haller, Nicholas, Porter, Kerns, Wisdom, Spinello, Myrna Williams, Marvel, Callister, Tebbs, Getto, Carpenter, Brookman, Gaston and Freeman
CHAPTER 720
AN ACT relating to gaming; authorizing the Nevada gaming commission to adopt regulations requiring the approval of the commission for certain transactions affecting corporate gaming licensees or publicly traded corporations that are affiliated with such licensees; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The legislature hereby declares that:
1. Some corporate acquisitions opposed by management, repurchases of securities and corporate defense tactics affecting corporate gaming licensees and publicly traded corporations that are affiliated companies can constitute business practices which may be injurious to stable and productive corporate gaming.
κ1987 Statutes of Nevada, Page 1743 (CHAPTER 720, AB 565)κ
and publicly traded corporations that are affiliated companies can constitute business practices which may be injurious to stable and productive corporate gaming.
2. A regulatory scheme established to ameliorate the potential adverse effects of these business practices upon the gaming industry must be properly developed to balance the interests of Nevada gaming, interstate commerce and federal regulation of securities.
3. A regulatory scheme established to ameliorate the potential adverse effects of these business practices upon the gaming industry may best be accomplished by the adoption and enforcement of regulations by the Nevada gaming commission.
Sec. 3. The policy of the State of Nevada with respect to corporate acquisitions, repurchases of securities and corporate recapitalizations affecting corporate licensees and publicly traded corporations that are affiliated companies is to:
1. Assure the financial stability of corporate licensees and affiliated companies;
2. Preserve the beneficial aspects of conducting business in the corporate form; and
3. Promote a neutral environment for the orderly governance of corporate affairs that is consistent with the public policy of this state concerning gaming.
Sec. 4. The commission may adopt regulations providing for the review and approval of corporate acquisitions opposed by management, repurchases of securities and corporate defense tactics affecting corporate gaming licensees and publicly traded corporations that are affiliated companies. The regulations must be consistent with:
1. The policy of this state as expressed in this chapter;
2. The provisions of this chapter;
3. The requirements of the Constitution of the United States; and
4. Federal regulation of securities.
Sec. 5. NRS 463.482 is hereby amended to read as follows:
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.386 and 463.482 to 463.645, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1744κ
Senate Bill No. 251Senators Vergiels, Beyer, Coffin, Gibson, Hickey, Horn, Jacobsen, Joerg, Jones, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Redelsperger, Rhoads, Shaffer, Townsend and Wagner
CHAPTER 721
AN ACT making an appropriation for allocation to the Help Them Walk Again Foundation, Inc.; and providing other matters properly relating thereto.
[Approved June 22, 1987]
whereas, In the past, a person suffering a spinal cord injury was destined to live the rest of his or her life in a wheelchair; and
whereas, Today, however, because of the advancements in research with paraplegics, it is possible for some persons to walk again with the aid of electrical stimulation to the muscles of the body; and
whereas, This new breakthrough in science, supported by the Help Them Walk Again Foundation, Inc., has opened up the future for many persons who previously had no hope for ever walking again; now, therefore
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 Rehabilitation Division of the Department of Human Resources to be allocated to the Help Them Walk Again Foundation Inc., the sum of $200,000.
Sec. 2. The sum appropriated by section 1 of this act is contingent upon the Help Them Walk Again Foundation, Inc., receiving, from sources other than the State of Nevada, an equal amount of money from gifts, grants or any other source. The money must be distributed in allocations of no less than $10,000 upon submission by the foundation of proof to the Rehabilitation Division of the Department of Human Resources of the foundations receipt of an equal amount of money from the other sources.
Sec. 3. 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. 4. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1745κ
Senate Bill No. 560Committee on Finance
CHAPTER 722
AN ACT relating to transportation; establishing the committee for the development of the super speed train; prescribing its powers and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that:
1. The creation of a system of super speed ground transportation connecting southern California with southern Nevada would be an immense benefit to southern Nevada and to the people of the state in general;
2. Cooperation between the states of Nevada and California is an indispensable element in the creation of such a system, and the formation of a commission composed of representatives of California and Nevada to carry out the creation of such a system will foster that cooperation; and
3. The establishment and funding of the committee for the development of the super speed train will further the formation of the commission.
Sec. 2. As used in this act, unless the context otherwise requires:
1. Commission means an agency created by the state of Nevada and California to:
(a) Secure the rights of way necessary for the system;
(b) Conduct engineering and other studies necessary for the development of the system;
(c) Contract for the construction and operation of the system; and
(d) Perform such other functions as authorized by the agreement between the states of Nevada and California creating the commission.
2. Committee means the committee for the development of the super speed train.
3. System means the system of super speed ground transportation connecting southern California and southern Nevada.
Sec. 3. 1. The committee for the development of the super speed train is hereby created, consisting of five members. The mayor of the City of Las Vegas is ex officio a member of the committee. The remaining members must be appointed as follows:
(a) One by the city council of the City of Las Vegas from among its members.
(b) One by the board of county commissioners of Clark County from among its members.
(c) One by the Las Vegas Convention and Visitors Authority from among its members.
(d) One by the governor.
Each member of the committee has one vote.
κ1987 Statutes of Nevada, Page 1746 (CHAPTER 722, SB 560)κ
2. At its first meeting the committee shall elect one of its members as chairman of the committee, who holds his office until June 30, 1988. A new chairman must be elected for a term beginning July 1, 1988.
Sec. 4. The committee may:
1. Accept grants, loans, gifts or donations, or any combination thereof, from the state, any of its political subdivisions and any private source and may expend such money in accordance with the provisions of this act and the terms of the grant, loan, gift or donation.
2. Conduct such studies and research and undertake such legislative advocacy as it deems necessary and appropriate to provide for the formation of the commission.
3. Enter into agreements with the state or any of its political subdivisions, or any combination thereof, to provide the personnel for the operation of the committee, including personnel for the financial management and other management of the committee.
4. Establish appropriate policies and procedures for the operation of the committee.
Sec. 5. The city manager of the City of Las Vegas:
1. Is the nonvoting administrative officer of the committee.
2. Shall, subject to the terms and conditions of any agreement between the committee and the state or its political subdivisions, employ such clerical and other personnel as are necessary for the operation of the committee, including a consultant to conduct the operations of the committee and to recommend to the committee the guidelines and procedures for such operations.
Sec. 6. 1. There is hereby appropriated from the state general fund to the committee for the development of the super speed train the sum of $120,000 for the payment of the costs of the committee in the furtherance of its purposes as specified in this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1989, or after the approval by the states of Nevada and California of legislation creating the commission, and reverts to the state general fund as soon as all payments of money committed have been made.
3. Except as otherwise provided in subsection 2, upon the expiration of the provisions of this act as the result of:
(a) The creation of the commission, any money remaining in the accounts of the committee must be transferred to the commission.
(b) The failure of the states of Nevada and California to enact legislation creating the commission on or before June 30, 1989, any money remaining in the accounts of the committee must be refunded to the source of the money in the proportion that a particular source relates to the total of contributions from all sources.
Sec. 7. 1. This act becomes effective upon passage and approval.
2. This act expires by limitation on:
κ1987 Statutes of Nevada, Page 1747 (CHAPTER 722, SB 560)κ
(a) The date of passage and approval by the states of Nevada and California of legislation creating the interstate commission; or
(b) July 1, 1989,
whichever occurs first.
________
Senate Bill No. 29Committee on Human Resources and Facilities
CHAPTER 723
AN ACT making an appropriation to the University of Nevada for the construction, operation and furnishing of a building on certain land in Clark County, Nevada; and providing other matters properly relating thereto.
[Approved June 23, 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 University of Nevada System the sum of $1,200,000 to assist in the planning, construction, maintenance, operation and furnishing of a building to be used by the Clark County Community College:
1. As a center of health science;
2. As an area center for multidisciplinary professional and paraprofessional health education; and
3. For the University of Nevada Systems clinic to provide medical services for recipients of Medicaid,
on the following described land containing approximately 79.11 acres:
The western one-half of the northeastern one-quarter of Section 2, Township 21 South, Range 60 East, Mount Diablo Base and Meridian.
Sec. 2. The provisions of chapter 341 of NRS do not apply to the planning and construction of the building authorized by section 1 of this act.
Sec. 3. The University of Nevada System shall solicit and accept gifts and donations of any kind and grants of money for the purpose of planning, constructing, maintaining, operating and furnishing the building authorized by section 1 of this act. The University of Nevada System may use any gift, donation or grant in addition to the money appropriated by section 1 of this act.
________
κ1987 Statutes of Nevada, Page 1748κ
Assembly Bill No. 719Assemblymen Schofield and Dini
CHAPTER 724
AN ACT relating to hazardous materials; imposing a state surcharge for waste received at Nevadas regional facility in Beatty; making appropriations; and providing other matters properly relating thereto.
[Approved June 23, 1987]
whereas, There is a serious need to train properly persons who respond to emergencies, particularly in situations involving hazardous materials; and
whereas, A regional center exists in the eastern United States to provide that training, but no such facility exists in the West; and
whereas, The facilities of the former Indian school in Stewart, Nevada, are presently vacant and should be used to benefit the people of this state; and
whereas, The Rocky Mountain Low-level Radioactive Waste Compact, enacted into law in 1983 by the Nevada Legislature, authorizes the imposition of a state surcharge per unit of waste received at Nevadas regional facility in Beatty; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
There is hereby imposed a state surcharge of $2 per cubic foot of radioactive waste received at Nevadas regional facility in Beatty. This state surcharge must be collected at the same time and in the manner provided for the compact surcharge collected pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact. Any money collected pursuant to this section which is not otherwise distributed by specific legislative appropriation must be deposited with the state treasurer for credit to the trust fund for the care of sites for the disposal of radioactive waste created pursuant to NRS 459.231.
Sec. 2. 1. There is hereby appropriated to the state fire marshal from the surcharges authorized pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact the sum of $250,000 for the establishment of a training center for handling emergencies relating to hazardous materials at the state-owned portion of the facility at Stewart, Nevada.
2. The state fire marshal shall coordinate the training program with other agencies in the state which are responsible for responding to emergencies.
Sec. 3. 1. There is hereby appropriated from the surcharges authorized pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact to the state highway fund created pursuant to NRS 408.235 for the costs incurred by the Nevada highway patrol division of the department of motor vehicles and public safety the sum of $100,000 for costs related to the performance of its statutory duties concerning the transportation of hazardous materials.
κ1987 Statutes of Nevada, Page 1749 (CHAPTER 724, AB 719)κ
performance of its statutory duties concerning the transportation of hazardous materials.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1989, and reverts to the trust fund for the care of sites for the disposal of radioactive waste as soon as all payments of money committed have been made.
Sec. 4. 1. There is hereby appropriated to the commission established by the governor pursuant to Public Law 99-499 from the surcharges authorized pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact the sum of $200,000 for the study concerning the development of a statewide system of radio communications for use in emergencies related to the transportation of hazardous materials in this state.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1989, and reverts to the trust fund for the care of sites for the disposal of radioactive waste as soon as all payments of money committed have been made.
Sec. 5. The director of the department of human resources shall seek the approval of the Rocky Mountain low-level radioactive waste board for the state surcharge imposed pursuant to section 1 of this act.
Sec. 6. 1. This section and section 5 of this act become effective on July 1, 1987.
2. Sections 1 through 4, inclusive, of this act, become effective on the date the director of the department of human resources reports to the governor that the Rocky Mountain low-level radioactive waste board has approved the state surcharge fixed pursuant to section 1 of this act.
________
κ1987 Statutes of Nevada, Page 1750κ
Assembly Bill No. 352Assemblymen Schofield and Dini
CHAPTER 725
AN ACT relating to hazardous materials; authorizing the Nevada highway patrol to regulate vehicles transporting hazardous materials; establishing a repository for information concerning hazardous materials; requiring that certain notification be given before certain hazardous materials are transported in this state; creating a contingency fund for hazardous materials; authorizing a commission established by the governor under certain federal laws to use money in the contingency fund for hazardous materials for training and equipping state and local personnel to respond to accidents involving hazardous materials; requiring that commission to conduct a study for the development of a statewide system of radio communication for use in emergencies in this state; establishing liability for spills of or accidents involving hazardous materials; providing penalties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires:
1. Department means the department of motor vehicles and public safety.
2. Director means the director of the department of motor vehicles and public safety.
3. Division means the Nevada highway patrol division of the department of motor vehicles and public safety.
4. Hazardous material means any material or combination of materials, including solids, semisolids, liquids or contained gases, which:
(a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and
(b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,
including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
Sec. 3. 1. Every person who transports hazardous materials in a motor vehicle upon the highways of this state shall, pursuant to regulations of the department:
(a) Obtain from the division a permit for each motor vehicle used to transport the hazardous materials.
κ1987 Statutes of Nevada, Page 1751 (CHAPTER 725, AB 352)κ
(b) Submit each motor vehicle for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.
2. The permit or a legible copy of the permit must be carried in the drivers compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials. The permit must be presented upon demand to any peace officer or other person authorized to enforce the laws of this state.
Sec. 4. 1. The director shall adopt regulations providing for the:
(a) Granting, renewal, modification, suspension, revocation and denial of permits for motor vehicles which transport hazardous materials.
(b) Inspection of motor vehicles which transport hazardous materials on the highways of this state.
(c) Identification and listing of hazardous materials.
2. The regulations adopted pursuant to subsection 1 must include provisions for fees to pay the cost of inspection, issuing a permit and other regulation. All such fees adopted must be set to approximate the cost of providing the service for which the fee is charged. Except as otherwise provided in subsection 3, money received by the division from the fees must be deposited with the state treasurer for credit to the state highway fund. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Money in the account must only be used for carrying out the provisions of sections 2 to 8, inclusive, of this act.
3. The division shall deposit 20 percent of the money collected from fees imposed pursuant to this section with the state treasurer for credit to the contingency fund for hazardous materials.
4. The division shall issue an identifying device to each motor vehicle transporting hazardous materials upon receipt of the appropriate application and fee and the satisfactory completion of the inspection for safety.
Sec. 5. 1. The repository for information concerning hazardous materials in Nevada is hereby created within the division.
2. The commission established by the governor pursuant to Public Law 99-499 shall coordinate the collection of information for the repository and may adopt regulations for that purpose which are consistent with all applicable laws and with any regulations adopted by the director regarding the management and operation of the repository.
3. Every state and local governmental agency concerned with the generation, transportation, shipment, storage or disposal of hazardous materials shall submit to the division pursuant to the regulations of the department and the commission such information it collects regarding hazardous materials as required by the commission.
4. The division shall collect, maintain and arrange all information submitted to it concerning hazardous materials.
5. The division may, in a manner consistent with applicable laws and regulations:
κ1987 Statutes of Nevada, Page 1752 (CHAPTER 725, AB 352)κ
(a) Disseminate any information which is contained in the repository to any other governmental agency concerned with the storage, packaging, disposal or transportation of hazardous materials; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
Sec. 6. (Deleted by amendment.)
Sec. 7. 1. Every person who generates, packages, transports, ships, stores or disposes of, or has any responsibility for, any hazardous material in this state shall, pursuant to the regulations of the department, report to the division, within 10 days and on forms supplied by the division, designated accidents or incidents involving the hazardous material.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 8. 1. The director is responsible for administering the provisions of sections 2 to 8, inclusive, of this act, and may adopt regulations for that purpose.
2. The director shall adopt regulations:
(a) For the security of the repository for information concerning hazardous materials in Nevada so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which information concerning hazardous materials is submitted to the division by state and local governmental agencies.
Sec. 9. 1. Any person who transports controlled quantities of radioactive material shall notify the division not less than 4 hours nor more than 48 hours before he begins to transport that material in this state.
2. Any person who transports high-level radioactive waste shall notify the governor or his designee not less than 4 hours before he begins to transport that waste in this state.
3. Information submitted to the division and the governor or his designee pursuant to subsections 1 and 2, unless otherwise required to be kept confidential, must be made available to other state and local governmental agencies concerned with hazardous materials whose operations or responsibilities involve a need for that information.
4. As used in this section, unless the context otherwise requires:
(a) Controlled quantity has the meaning ascribed to highway route controlled quantity in 49 C.F.R. § 173.403(l);
(b) High-level radioactive waste has the meaning ascribed to that term in 10 C.F.R. § 60.2; and
(c) Radioactive material has the meaning ascribed to that term in 49 C.F.R. § 173.403(y),
as those sections existed on January 1, 1987.
Sec. 10. 1. The contingency fund for hazardous materials is hereby created as a trust fund.
κ1987 Statutes of Nevada, Page 1753 (CHAPTER 725, AB 352)κ
2. The commission established by the governor pursuant to Public Law 99-499 shall administer the contingency fund for hazardous materials, and the money in the fund may be expended only for:
(a) Carrying out the provisions of sections 10 to 17, inclusive, of this act.
(b) Carrying out the provisions of Public Law 99-499; and
(c) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials.
3. All money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency fund for hazardous materials. The interest and income earned on the money in the contingency fund, after deducting any applicable charges, must be credited to the account.
4. All claims against the contingency fund for hazardous materials must be paid as other claims against the state are paid.
Sec. 11. The commission established by the governor pursuant to Public Law 99-499 may:
1. Adopt regulations for the purpose of enforcing its responsibilities pursuant to Public Law 99-499.
2. Accept gifts and grants of money and other revenues for the purpose of enforcing its responsibilities pursuant to Public Law 99-499.
Sec. 12. 1. The commission established by the governor pursuant to Public Law 99-499 shall conduct a study for the development of a statewide system of radio communication for use by political subdivisions and state and local entities for emergency management in responding to an emergency.
2. The study must:
(a) Identify existing deficiencies in radio communications between political subdivisions and state and local entities for emergency management.
(b) Propose a system of radio communication that will satisfy the needs of those political subdivisions and entities for 10 years after the completion of the study.
(c) Meet the requirements established by the Federal Communications Commission pursuant to 47 U.S.C. §§ 154 to 332, inclusive, as those sections existed on January 1, 1987.
3. The commission shall consult with political subdivisions and state and local entities for emergency management during the study.
Sec. 13. Any person who possessed or had in his care any hazardous material involved in a spill or accident requiring the cleaning and decontamination of the affected area is responsible for that cleaning and decontamination.
Sec. 14. If the person responsible for hazardous material involved in a spill or accident does not act promptly and appropriately to clean and decontaminate the affected area, and if his inaction presents an imminent and substantial hazard to human health, public safety, any property or the environment, money from the contingency fund for hazardous materials may be expended to pay the costs of:
κ1987 Statutes of Nevada, Page 1754 (CHAPTER 725, AB 352)κ
1. Responding to a spill of or an accident involving hazardous material;
2. Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident involving hazardous material;
3. Managing the cleaning and decontamination of an area for the disposal of hazardous material or the site of a spill of or an accident involving hazardous material; or
4. Removing or contracting for the removal of hazardous material which presents an imminent danger to human health, public safety or the environment.
Sec. 15. 1. Any state agency accruing expenses for the cleaning and decontamination of the area affected by a spill of an accident involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material. Payment of the reimbursement must be made within 60 days after the person receives notice from the agency of the amount due. The agency shall impose an administrative penalty of 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
2. At the request of the state agency, and at any time after the payment for reimbursement is due, the attorney general shall initiate recovery by legal action of the amount of any unpaid reimbursement and penalty.
Sec. 16. Any reimbursement and penalty recovered by the attorney general from a person responsible for hazardous material involved in a spill or accident must be deposited with the state treasurer for credit to the contingency fund for hazardous materials.
Sec. 17. Any county or city in this state may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill or accident of the amount of any costs incurred by the county or city for the cleaning and decontamination of an area affected by the spill of or accident involving hazardous material.
Sec. 18. Any person who:
1. Transports a hazardous material in a motor vehicle without a valid permit;
2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to the regulations of the department;
3. Fails to carry the permit or a copy of the permit in the drivers compartment of the motor vehicle;
4. Transports a hazardous material in a motor vehicle under an expired permit; or
5. Violates any of the terms or conditions of a permit issued by the division,
is guilty of a misdemeanor.
Sec. 19. Any person who:
1. Allows the use of a permit or identifying device issued by the division by a person not entitled thereto;
κ1987 Statutes of Nevada, Page 1755 (CHAPTER 725, AB 352)κ
2. Uses a permit or identifying device to which he is not entitled;
3. Alters, forges or counterfeits a permit or identifying device issued by the division;
4. Uses a permit or identifying device which has been altered, forged or counterfeited;
5. Submits false information on an application or other form used to obtain a permit to transport hazardous materials in a motor vehicle;
6. Transports a hazardous material in a motor vehicle under a permit which has been suspended or revoked; or
7. Transports a hazardous material in a motor vehicle which failed to pass the required inspection for safety,
is guilty of a gross misdemeanor.
Sec. 20. NRS 459.490 is hereby amended to read as follows:
459.490 Regulations adopted by the commission pursuant to NRS 459.485 must be based upon studies, guidelines and regulations of the Federal Government and must:
1. Set out mechanisms for determining whether any waste is hazardous;
2. Govern combinations of wastes which are not compatible and may not be stored, treated or disposed of together;
3. Govern generation, storage, treatment and disposal of hazardous waste;
4. Govern operation and maintenance of facilities for the treatment, storage and disposal of hazardous waste, including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;
5. Provide standards for location, design and construction of facilities for treatment, storage and disposal of hazardous waste;
6. [Govern] Except as otherwise provided in sections 2 to 19, inclusive, of this act, govern the transportation, packing and labeling of hazardous waste in a manner consistent with regulations issued by the United States Department of Transportation relating to hazardous waste;
7. Provide procedures and requirements for the use of a manifest for each shipment of hazardous waste. The procedures and requirements must be applied equally to those persons who transport hazardous waste generated by others and those who transport hazardous waste which they have generated themselves; and
8. Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.
Sec. 21. NRS 459.500 is hereby amended to read as follows:
459.500 1. [Regulations] Except as otherwise provided in sections 2 to 19, inclusive, of this act, regulations of the commission must provide for safety in packaging, handling, [transport] transportation, and disposal of hazardous waste, including safety of vehicles and drivers, and may provide for the licensing and other necessary regulation of generators , [and transporters,] including shippers, brokers and carriers, both intrastate and interstate, who [transport that waste or cause it] cause that waste to be transported into or through Nevada or for disposal in Nevada.
κ1987 Statutes of Nevada, Page 1756 (CHAPTER 725, AB 352)κ
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection and other regulation; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.
3. Designated employees of the department, the public service commission of Nevada and the Nevada highway patrol shall enforce the regulations of the commission relating to the transport and handling of hazardous waste, as they affect the safety of drivers and vehicles and the leakage or spill of that waste from packages.
Sec. 22. NRS 481.023 is hereby amended to read as follows:
481.023 Except as otherwise provided therein, the department shall execute, administer and enforce, and perform the functions and duties provided in:
1. Title 43 of NRS relating to vehicles.
2. Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.
3. Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.
4. Chapter 233F of NRS relating to the state communications system.
5. Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs.
6. Chapter 459 of NRS relating to the transportation of hazardous materials.
Sec. 23. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol are:
1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada. They have the powers of peace officers:
(a) When enforcing traffic laws; and
(b) With respect to all other laws of this state when:
(1) In the apprehension or pursuit of an offender or suspected offender;
(2) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
(3) Making arrests pursuant to a warrant in the officers possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.
3. To enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 485, 486, 487 and 706 of NRS.
4. To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
5. To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment and their transportation of hazardous materials and other cargo.
κ1987 Statutes of Nevada, Page 1757 (CHAPTER 725, AB 352)κ
carriers, the safety of their vehicles and equipment and their transportation of hazardous materials and other cargo.
6. To maintain the repository for information concerning hazardous materials in Nevada and to carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.
7. To perform such other duties in connection with those specified in this section, as may be imposed by the director.
Sec. 24. NRS 484.779 is hereby amended to read as follows:
484.779 1. Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:
(a) Regulating or prohibiting processions or assemblages on the highways.
(b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.
(c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.
(d) Designating truck and bicycle routes.
(e) Adopting such other traffic regulations related to specific highways as are expressly authorized by this chapter.
2. An ordinance relating to traffic control enacted under this section is not effective until official traffic-control devices giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.
3. An ordinance enacted under this section is not effective with respect to:
(a) Highways constructed and maintained by the department of transportation under the authority granted by chapter 408 of NRS; or
(b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,
until the ordinance has been approved by the board of directors of the department of transportation.
4. As used in this section, hazardous material has the meaning ascribed to it in section 2 of this act.
Sec. 25. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
Hazardous material has the meaning ascribed to it in section 2 of this act.
Sec. 26. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.016 to 706.791, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.016 to 706.146, inclusive, and section 25 of this act, have the meanings ascribed to them in those sections . [, unless the context otherwise requires.]
κ1987 Statutes of Nevada, Page 1758 (CHAPTER 725, AB 352)κ
Sec. 27. NRS 706.173 is hereby amended to read as follows:
706.173 The commission [and] or the department may, by regulation applicable to all motor vehicles transporting hazardous materials and to common, contract and private motor carriers of passengers and property, adopt standards for:
1. Safety for drivers and vehicles; and
2. The transportation of hazardous materials [, including] and hazardous waste as defined in NRS 459.430.
Sec. 28. NRS 706.441 is hereby amended to read as follows:
706.441 1. No common, contract or private motor carrier of property may transport radioactive waste upon the highways of this state unless he obtains from the commission a permit specifically allowing him to transport radioactive waste. An interstate common or contract carrier must register with the commission the certificate issued to him by the Interstate Commerce Commission when he applies for such a permit.
2. The commission shall issue a permit to a carrier allowing him to transport radioactive waste if the carrier:
(a) Registers his certificate issued by the Interstate Commerce Commission and complies with the regulations of the commission respecting the registration of interstate carriers; or
(b) Demonstrates to the satisfaction of the commission that he complies and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transport of radioactive waste and the safety of drivers and vehicles.
3. A carrier of radioactive waste shall reject any package containing the waste which is tendered to him for transport in this state if the package is leaking or spilling its contents, or does not bear a shipping label or is not accompanied by a bill of lading or other shipping document in a form prescribed by the regulations of the state board of health. A carrier who accepts the waste for transport in this state is liable for any package in his custody which leaks or spills its contents, does not bear the required shipping label or is not accompanied by the required shipping documents, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.
4. [A carrier of radioactive waste must notify the commission not less than 4 nor more than 48 hours before he begins to transport the waste in this state.
5.] A carrier need not obtain the permit required by this section if he has been exempted from licensing by the health division of the department of human resources because he transports only radioactive waste the possession of which has been exempted from licensure pursuant to the regulations of the state board of health.
[6.] 5. The commission may revoke a certificate issued pursuant to this chapter, and shall revoke a permit to transport radioactive waste issued pursuant to this section, or in the case of a carrier whose certificate is issued by the Interstate Commerce Commission it may file a complaint with that commission, if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.
κ1987 Statutes of Nevada, Page 1759 (CHAPTER 725, AB 352)κ
commission, if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.
Sec. 29. 1. There is hereby appropriated from the state highway fund to the Nevada highway patrol division of the department of motor vehicles and public safety for costs related to the performance of its statutory duties relating to the transportation of hazardous materials:
For the fiscal year 1987-88.................................................... $219,939
For the fiscal year 1988-89.................................................... 607,244
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 highway fund as soon as all payments of money committed have been made.
Sec. 30. 1. This section and sections 1, 2, 4. 5, 8 to 17, inclusive, and 20, 21 and 22, 24 to 29, inclusive, of this act, become effective on July 1, 1987.
2. Section 23 of this act becomes effective at 12:01 a.m. on July 1, 1987.
3. Section 7 of this act becomes effective on July 1, 1988.
4. Sections 3, 18 and 19 become effective on January 1, 1989.
________
Senate Bill No. 479Committee on Judiciary
CHAPTER 726
AN ACT relating to records of criminal history; authorizing the release to employers of certain information regarding records of sexual offenses against children concerning employees or prospective employees; making an appropriation; providing a penalty; and providing other matters properly relating thereto.
[Approved June 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.301 is hereby amended to read as follows:
179.301 1. The state gaming control board and Nevada gaming commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturers, sellers or distributors license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
κ1987 Statutes of Nevada, Page 1760 (CHAPTER 726, SB 479)κ
2. The central repository and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with sections 8 to 13, inclusive, of this act.
Sec. 2. Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 13, inclusive, of this act.
Sec. 3. Child means a person under the age of 16 years.
Sec. 4. Department means the department of motor vehicles and public safety.
Sec. 5. Information relating to sexual offenses means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.
Sec. 6. 1. Sexual offense includes acts upon a child constituting:
(a) Sexual assault under NRS 200.366;
(b) Statutory sexual seduction under NRS 200.368;
(c) Use of a minor in producing pornography under NRS 200.710;
(d) Promotion of a sexual performance of a minor under NRS 200.720;
(e) Possession of a visual presentation depicting the sexual conduct of a child under NRS 200.730;
(f) Incest under NRS 201.180;
(g) Solicitation of a minor to engage in the infamous crime against nature under NRS 201.195;
(h) Lewdness with a child under NRS 201.230; or
(i) Annoyance or molestation of a minor under NRS 207.260.
2. Sexual offense also includes acts committed outside the state that would constitute any of the offenses in subsection 1 if committed in the state, and the aiding, abetting, attempting or conspiring to engage in any of the offenses in subsection 1.
Sec. 7. As used in sections 8 to 13, inclusive, of this act, unless the context otherwise requires:
1. Employee means a person who renders time and services to an employer, and whose regular course of duties places that person in a position to:
(a) Exercise supervisory or disciplinary control over children;
(b) Have direct access to or contact with children served by the employer; or
(c) Have access to information or records maintained by the employer relating to identifiable children served by the employer,
and includes a volunteer, prospective employee and prospective volunteer; and
2. Employer means a person, or a governmental agency or political subdivision of this state that is not an agency of criminal justice, whose employees regularly render services to children, including without limitation care, treatment, transportation, instruction, companionship, entertainment and custody.
κ1987 Statutes of Nevada, Page 1761 (CHAPTER 726, SB 479)κ
Sec. 8. 1. Notice of information relating to sexual offenses may be disseminated to employers pursuant to sections 8 to 13, inclusive, of this act.
2. An employer may consider such a notice of information concerning an employee when making a decision to hire, retain, suspend or discharge the employee, and is not liable in an action alleging discrimination based upon consideration of information obtained pursuant to sections 8 to 13, inclusive, of this act.
3. The provisions of sections 8 to 13, inclusive, of this act, do not limit or restrict any other statute specifically permitting the dissemination or release of information relating to sexual offenses.
Sec. 9. 1. An employer may request from the central repository notice of information relating to sexual offenses concerning an employee.
2. A request for notice of information relating to sexual offenses from an employer must conform to the requirements of the central repository. The request must include:
(a) The name and address of the employer, and the name and signature of the person requesting the notice on behalf of the employer;
(b) The name and address of the employers facility in which the employee is employed or seeking to become employed;
(c) The name, fingerprints and other identifying information of the employee;
(d) Signed consent by the employee to a search of information relating to sexual offenses concerning him, and for the release of a notice concerning that information;
(e) The mailing address of the employee or a signed waiver of the right of the employee to be sent a copy of the information disseminated to the employer as a result of the search of the records of criminal history; and
(f) The signature of the employee indicating that he has been notified of:
(1) The types of information for which notice is subject to dissemination pursuant to section 10 of this act, or a description of the information;
(2) The employers right to require a check of the records of criminal history as a condition of employment; and
(3) The employees right, pursuant to NRS 179A.150, to challenge the accuracy or sufficiency of any information disseminated to the employer.
Sec. 10. 1. Upon receipt of a request from an employer for notice of information relating to sexual offenses, the central repository shall undertake a search for the information, unless the request does not conform to the requirements of the repository. The search must be based on the employees fingerprints, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:
(a) Identifying any information relating to sexual offenses concerning the employee in the central repository;
(b) Requesting information relating to sexual offenses concerning the employee from federal repositories and repositories of other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;
κ1987 Statutes of Nevada, Page 1762 (CHAPTER 726, SB 479)κ
authorized by federal law or an agreement entered into pursuant to NRS 179A.075;
(c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and
(d) Determining whether the information relating to sexual offenses is the type of information for which notice is subject to dissemination pursuant to this section.
2. Notice of information relating to sexual offenses may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:
(a) A conviction for a sexual offense, or a conviction based on an arrest or on an initial charge for a sexual offense;
(b) An arrest or an initial charge for a sexual offense pending at the time of the request; or
(c) Two or more incidents resulting in arrest or initial charge for a sexual offense that have not resulted in a conviction.
3. Within 30 days after receipt of a request by an employer for notice of information relating to sexual offenses, the central repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived his right to receive the results of the search, the report must be sent only to the employer. If the search revealed:
(a) No information for which notice is subject to release, the report must include a statement to that effect; or
(b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.
4. Upon receipt of corrected information relating to sexual offenses for which notice was disseminated under this section, the central repository shall send written notice of the correction to:
(a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;
(b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who previously received the information.
5. Upon receipt of new information relating to sexual offenses concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the central repository shall send written notice of the information to:
(a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;
κ1987 Statutes of Nevada, Page 1763 (CHAPTER 726, SB 479)κ
(b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who previously received a report of the results of the search.
Sec. 11. All hearings arising under sections 8 to 13, inclusive, of this act, must be held as provided in NRS 233B.121 to 233B.150, inclusive.
Sec. 12. 1. A person who is the subject of a request for notice of information relating to sexual offenses pursuant to sections 8 to 13, inclusive, of this act, may recover his actual damages in a civil action against:
(a) The central repository for an intentional or grossly negligent:
(1) Dissemination of information relating to sexual offenses not authorized for dissemination; or
(2) Release of information relating to sexual offenses to a person not authorized to receive the information;
(b) The central repository for an intentional or grossly negligent failure to correct any notice of information relating to sexual offenses which was disseminated pursuant to sections 8 to 13, inclusive, of this act; or
(c) An employer, representative of an employer or employee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may be awarded against an employer, representative of an employer or employee whose violation of NRS 179A.110 is malicious.
2. An employer, except an employer who is a voluntary organization consisting primarily of persons who provide their services for no remuneration other than reimbursement for actual expenses incurred, is liable to a child served by the employer for damages suffered by the child as a result of a sexual offense committed against the child by an employee hired on or after January 1, 1988, if, at the time the employer hired the employee, the employee was the subject of information relating to sexual offenses for which notice was available for dissemination to the employer and the employer:
(a) Failed, without good cause, to request notice of the information pursuant to sections 8 to 13, inclusive, of this act; or
(b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal.
The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of the sexual offense.
3. An action pursuant to this section must be brought within 3 years after:
(a) The occurrence upon which the action is based; or
(b) The date upon which the party bringing the action became aware or reasonably should have become aware of the occurrence, whichever was earlier, if he was not aware of the occurrence at the time of the occurrence.
κ1987 Statutes of Nevada, Page 1764 (CHAPTER 726, SB 479)κ
4. This section does not limit or affect any other rights, claims or causes of action arising by statute or common law.
Sec. 13. A person who knowingly and willfully:
1. Uses sections 8 to 13, inclusive, of this act, to obtain or seek to obtain information relating to sexual offenses under false pretenses;
2. Disseminates or attempts to disseminate information relating to sexual offenses that he knows was not received in accordance with the provisions of this chapter; or
3. Disseminates or attempts to disseminate information relating to sexual offenses that he knows is false, inaccurate or incomplete,
is guilty of a misdemeanor.
Sec. 14. NRS 179A.010 is hereby amended to read as follows:
179A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.070, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 15. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. Record of criminal history means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of arrests, detention, indictments, informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision and release, occurring in Nevada. The term includes only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state. The term is intended to be equivalent to the phrase criminal history record information as used in federal regulations.
2 Record of criminal history does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws.
(b) Information concerning juveniles.
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension.
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed in any other way.
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including permits to work in the gaming industry.
(f) Court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings.
(g) Records of traffic violations constituting misdemeanors.
(h) Records of traffic offenses maintained by the department [of motor vehicles and public safety for the purpose of regulating] to regulate the issuance, suspension, revocation or renewal of drivers or other operators licenses.
κ1987 Statutes of Nevada, Page 1765 (CHAPTER 726, SB 479)κ
issuance, suspension, revocation or renewal of drivers or other operators licenses.
(i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners.
(j) Records which originated in an agency other than an agency of criminal justice in this state.
Sec. 16. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department . [of motor vehicles and public safety.]
2. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects to the division in the manner prescribed by the director of the department . [of motor vehicles and public safety.] A report of disposition must be submitted to the division through an electronic network or on a media of magnetic storage within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
3. The division shall:
(a) Collect, maintain and arrange all information relating to sexual offenses and other records of criminal history submitted to it; and
(b) Use a record of the subjects fingerprints as the basis for any records maintained regarding him.
4. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
Sec. 17. NRS 179A.080 is hereby amended to read as follows:
179A.080 The director of the department [of motor vehicles and public safety] is responsible for administering this chapter and may adopt regulations for that purpose. The director shall:
1. Adopt regulations for the security of the central repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
2. Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to sexual offenses and other records of criminal history.
3. Provide for audits of informational systems by qualified public or private agencies, organizations or persons.
Sec. 18. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
κ1987 Statutes of Nevada, Page 1766 (CHAPTER 726, SB 479)κ
disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee or prospective employee who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities for the following purposes:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(e) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(f) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(g) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
κ1987 Statutes of Nevada, Page 1767 (CHAPTER 726, SB 479)κ
purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(h) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(i) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains [the information.] it.
(j) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
[5.] 6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the laws of the state or other jurisdiction from which the information was received.
Sec. 19. NRS 179A.110 is hereby amended to read as follows:
179A.110 No person who receives information relating to sexual offenses or other records of criminal history pursuant to this chapter may disseminate it further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.
Sec. 20. NRS 179A.130 is hereby amended to read as follows:
179A.130 Each agency of criminal justice which maintains and disseminates information relating to sexual offenses or other records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person. The log must be maintained for a least 1 year after the information is disseminated, and must contain:
1. An entry showing to what agency or person the information relating to sexual offenses or other records of criminal history were provided;
2. The date on which the information was provided;
3. The person who is the subject of the information; and
4. A brief description of the information provided.
Sec. 21. NRS 179A.140 is hereby amended to read as follows:
179A.140 1. Agencies of criminal justice may charge a reasonable fee for any [Nevada] information relating to sexual offenses or other records of criminal history furnished to any person or governmental entity except another agency of criminal justice.
2. All money received or collected by the department [of motor vehicles and public safety] pursuant to this section must be used to defray the cost of operating the central repository.
Sec. 22. NRS 179A.150 is hereby amended to read as follows:
179A.150 1. The central repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of [a record] information relating to sexual offenses or other records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him.
κ1987 Statutes of Nevada, Page 1768 (CHAPTER 726, SB 479)κ
person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than that defined as information relating to sexual offenses or a record of criminal history.
2. Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of [Nevada] information relating to sexual offenses or other records of criminal history by those persons who are the subjects thereof. The regulations must specify:
(a) The reasonable periods during which the records are available for inspection;
(b) The requirements for proper identification of the persons seeking access to the records; and
(c) The reasonable charges or fees, if any, for inspecting records.
3. Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the central repository which pertains to the person making the request.
4. The director of the department [of motor vehicles and public safety] shall adopt regulations governing:
(a) All challenges to the accuracy or sufficiency of information relating to sexual offenses or other records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;
(b) The correction of any information relating to sexual offenses or other record of criminal history found by the director to be inaccurate, insufficient or incomplete in any material respect;
(c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and
(d) A time limit of not more than 90 days within which [an] inaccurate or insufficient [record] information relating to sexual offenses or other records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to section 10 of this act, to the address given by each person who requested the information when the request was made.
Sec. 23. NRS 41.100 is hereby amended to read as follows:
41.100 1. Except as otherwise provided in this section [,] and section 12 of this act, no cause of action is lost by reason of the death of any person, but may be maintained by or against his executor or administrator.
2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if he had lived, except damages awardable under NRS 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.
κ1987 Statutes of Nevada, Page 1769 (CHAPTER 726, SB 479)κ
3. Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by his executor or administrator include all losses or damages which the decedent incurred or sustained before his death, including any penalties or punitive and exemplary damages which the decedent would have recovered if he had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by his personal representatives for his wrongful death.
4. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists provision of an insurance policy.
Sec. 24. 1. There is hereby appropriated from the state general fund to the Nevada highway patrol division of the department of motor vehicles and public safety for use by the central repository for Nevada records of criminal history the sum of $53,453 for the costs of establishing a program to carry out the provisions of this act.
2. Notwithstanding the provisions of NRS 179A.140, the department shall pay to the state by June 30, 1989, a sum equal to the amount of revenue received pursuant to NRS 179A.140 which exceeds the amount required to carry out the provisions of this act, but in no case more than $53,453. Any money paid to the state pursuant to this subsection must be deposited in the state general fund.
Sec. 25. 1. This section and section 24 of this act become effective on July 1, 1987.
2. Sections 1 to 23, inclusive, of this act, become effective on January 1, 1988.
________
Assembly Bill No. 548Assemblymen Callister, Schofield, Tebbs, Marvel, Brookman, Spinello, Myrna Williams, Fay, Sedway, Adler, Kissam, Triggs, Freeman, Gaston, Carpenter and Bergevin
CHAPTER 727
AN ACT relating to water; providing procedures and requirements to establish and operate a project to recharge ground water; providing procedures and requirements to establish and operate a project for the recharge, underground storage and recovery of water; allowing ground water to be pumped to prevent damage caused by levels of ground water which have risen as a result of recharged water; and providing other matters properly relating thereto.
[Approved June 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 534 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.
κ1987 Statutes of Nevada, Page 1770 (CHAPTER 727, AB 548)κ
Sec. 2. Aquifer means a geological formation or structure that stores or transmits water, or both.
Sec. 3. Area of active management means an area:
1. In which the state engineer is conducting particularly close monitoring and regulation of the water supply because of heavy use of that supply; and
2. Which has received that designation by the state engineer or pursuant to NRS 534.030.
Sec. 4. Area of hydrologic effect means the surface area of land covering the extent of hydrologic response of water recharged pursuant to a project to recharge.
Sec. 5. Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
Sec. 6. Augmentation means to increase the volume of stored water in a system of aquifers by artificially introducing water into that system.
Sec. 7. Domestic use extends to culinary and household purposes, in a single-family dwelling, the watering of a family garden, lawn and the watering of domestic animals.
Sec. 8. Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
Sec. 9. Person includes any municipal corporation, power district, political subdivision of this or any state, or an agency of the United States Government.
Sec. 10. Project means a facility designed and constructed to add water to a system of aquifers, store water underground and recover that water pursuant to a permit issued pursuant to section 17 of this act.
Sec. 11. Recharged water means water that reaches or percolates into an aquifer or system of aquifers:
1. Through natural processes;
2. By secondary recharge as a result of beneficial uses; or
3. Artificially through facilities specifically constructed for that purpose.
Sec. 12. Storage account means an account established pursuant to section 22 of this act for a project for underground storage and recovery.
Sec. 13. Stored water means water which has been stored underground for the purpose of recovery pursuant to a permit issued pursuant to section 17 of this act.
Sec. 14. Waste means causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
Sec. 15. Well driller means any person who drills a well or wells, for compensation or otherwise.
Sec. 16. Well drilling or drilling a well are synonymous, and mean drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.
κ1987 Statutes of Nevada, Page 1771 (CHAPTER 727, AB 548)κ
Sec. 17. 1. Any person desiring to operate a project must first make an application to, and obtain from, the state engineer a permit to operate such a project.
2. The state engineer shall, upon application, issue a permit to operate a project if he determines that:
(a) The applicant has the technical and financial capability to construct and operate a project.
(b) The applicant has a right to use the proposed source of water for recharge pursuant to an approved appropriation consistent with chapters 533 and 534 of NRS. Any determination made by the state engineer for purposes of this paragraph is not binding in any other proceeding.
(c) The project is hydrologically feasible.
(d) If the project is in an area of active management, the project is consistent with the program of augmentation for that area.
(e) The project will not cause harm to users of land or other water within the area of hydrologic effect of the project.
3. The holder of a permit may apply to the state engineer for approval to assign the permit to another person. The state engineer must approve the assignment if the person to whom the permit is to be assigned will meet the requirements of paragraphs (a) and (b) of subsection 2 when the assignment is completed.
4. A permit for a project must include:
(a) The name and mailing address of the person to whom the permit is issued.
(b) The name of the area of active management, ground water basin or ground water sub-basin, as applicable, in which the project will be located.
(c) The capacity and plan of operation of the project.
(d) Any monitoring program required pursuant to subsection 5.
(e) Any conditions which are imposed pursuant to this chapter or any regulation adopted pursuant thereto.
(f) Any other information which the state engineer deems necessary to include.
5. The state engineer shall require the holder of a permit to monitor the operation of the project and the effect of the project on users of land and other water within the area of hydrologic effect of the project. In determining any monitoring requirements, the state engineer shall cooperate with all government entities which regulate or monitor, or both, the quality of water.
6. The state engineer, on his initiative or at the request of the holder of the permit, may modify the conditions of the permit if monitoring demonstrates that modifications are necessary. In determining whether modifications are necessary, the state engineer shall consider uses of land or water which were not in existence when the permit was issued.
Sec. 18. The state engineer shall prescribe and furnish guidelines for an application for a permit for a project. The application must include:
1. A fee for application of $2,500;
2. The name and mailing address of the applicant;
κ1987 Statutes of Nevada, Page 1772 (CHAPTER 727, AB 548)κ
3. The name of the area of active management, ground water basin or ground water sub-basin, as applicable, in which the applicant proposes to operate the project;
4. The name and mailing address of the owner of the land on which the applicant proposes to operate the project;
5. The legal description of the location of the proposed project;
6. Such evidence of financial and technical capability as the state engineer requires;
7. The source, quality and annual quantity of water proposed to be recharged, and the quality of the receiving water;
8. The legal basis for acquiring and using the water proposed to be recharged;
9. A description of the proposed project including its capacity and plan of operation;
10. A copy of a study that demonstrates:
(a) The area of hydrologic effect of the project;
(b) That the project is hydrologically feasible;
(c) That the project will not cause harm to users of land and water within the area of hydrologic effect; and
(d) The percentage of recoverable water;
11. The proposed duration of the permit; and
12. Any other information which the state engineer requires.
Sec. 19. 1. Upon receipt of an application for a permit to operate a project, the state engineer shall endorse on the application the date it was received and keep a record of the application. He shall conduct an initial review of the application within 45 days after receipt of the application. If the state engineer determines in the initial review that the application is incomplete, he shall notify the applicant. The application is incomplete until the applicant files all the information requested in the application. The state engineer shall determine whether the application is correct within 180 days after receipt of a complete application. The state engineer may request additional information from the applicant. The state engineer may conduct such independent investigations as are necessary to determine whether the application should be approved or rejected.
2. If the application is determined to be complete and correct, the state engineer, within 30 days after such a determination or a longer period if requested by the applicant, shall cause notice of the application to be given once each week for 2 consecutive weeks in a newspaper of general circulation in the county or counties in which persons reside who could reasonably be expected to be affected by the project. The notice must state:
(a) The legal description of the location of the proposed project;
(b) A brief description of the proposed project including its capacity;
(c) That any person who may be adversely affected by the project may file a written protest with the state engineer within 30 days after the last publication of the notice;
(d) The date of the last publication;
κ1987 Statutes of Nevada, Page 1773 (CHAPTER 727, AB 548)κ
(e) That the grounds for protesting the project are limited to whether the project would be in compliance with subsection 2 of section 17 of this act;
(f) The name of the applicant; and
(g) That a protest must:
(1) State the name and mailing address of the protester;
(2) Clearly set forth the reason why the permit should not be issued; and
(3) Be signed by the protester or the protesters agent or attorney.
3. A protest to a proposed project:
(a) May be made by any person who may be adversely affected by the project;
(b) Must be in writing;
(c) Must be filed with the state engineer within 30 days after the last publication of the notice;
(d) Must be upon a ground listed in subsection 2 of section 17 of this act;
(e) Must state the name and mailing address of the protester;
(f) Must clearly set forth the reason why the permit should not be issued; and
(g) Must be signed by the protester or the protesters agent or attorney.
4. Upon receipt of a protest, the state engineer shall advise the applicant by certified mail that a protest has been filed.
5. Upon receipt of a protest, or upon his own motion, the state engineer may hold a hearing. Not less than 30 days before the hearing, the state engineer shall send by certified mail notice of the hearing to the applicant and any person who filed a protest.
6. The state engineer shall either approve or deny each application within 1 year after the final date for filing a protest, unless he has received a written request from the applicant to postpone his decision or, in the case of a protested application, from both the protester and the applicant. The state engineer may delay action on the application pursuant to paragraph (b) of subsection 2 of NRS 533.370.
7. Any person aggrieved by any decision of the state engineer made pursuant to subsection 6, may appeal that decision to the district court pursuant to NRS 533.450.
Sec. 20. 1. Any person who holds a permit for a project must compile and file with the state engineer annual reports which define the operation of the project and provide such information as the state engineer requires.
2. Each report must contain either a sworn statement or a certification, under penalty of perjury, that the information contained in the report is true and correct according to the best belief and knowledge of the person filing the report.
3. The annual report must be maintained on a calendar-year basis for the preceding calendar year. If a person who is required to file an annual report under this section fails to file a report when due, the state engineer may assess and collect a penalty of $500 for each month or portion of a month that the annual report is delinquent. The total penalty assessed under this subsection must not exceed $5,000.
κ1987 Statutes of Nevada, Page 1774 (CHAPTER 727, AB 548)κ
4. The records and reports required to be kept and filed pursuant to this section must be in such form as the state engineer prescribes.
Sec. 21. 1. A permit for a recovery well must comply with the requirements of chapters 533 and 534 of NRS.
2. The holder of a permit for a project may recover water stored pursuant to the permit only from wells designated by the holder and approved by the state engineer, located within the area of hydrologic effect of the project as determined by the state engineer.
3. The person entitled to recover the water must be designated by the holder of the permit and approved by the state engineer.
4. The holder of a permit for a project and a permit for a recovery well may use or exchange water recovered pursuant to those permits only in the manner in which it was permissible for him to use that water before it was stored.
Sec. 22. 1. The state engineer shall establish a storage account for each project for which he has issued a permit. If the project stores water from more than one source, he shall establish subaccounts for each source of water.
2. The holder of a permit for a project may recover only the recoverable amount of water that is stored by the project.
3. For the purposes of this section, recoverable amount means the amount of water, as determined by the state engineer, that has reached the aquifer and remains within the area of active management.
Sec. 23. 1. The state engineer shall levy and collect an annual fee from each person who holds a permit for a project. The state engineer shall establish the amount of the fee for the following year not later than October 1 of each year.
2. Within 30 days after the state engineer sets the fee, he shall mail written notice of the fee to all holders of permits.
3. The fee must be paid to the state engineer at the time the person holding a permit files an annual report. If a person who is required to pay a fee fails to pay the fee when due, the state engineer may assess and collect a penalty of 10 percent of the unpaid fee, without compounding, for each month or portion of a month that the fee is delinquent. The total penalty assessed must not exceed 60 percent of the unpaid fee.
4. Money received by the state engineer pursuant to this section must be deposited with the state treasurer for credit to the account for projects for recharge, underground storage and recovery of water in the state general fund. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Money in the account must only be used for the administration of this chapter.
5. The state engineer may employ special consultants to assist him in fulfilling his responsibilities pursuant to this chapter.
Sec. 24. 1. The state engineer may periodically review a project to determine if the holder of the permit is complying with the terms and conditions of the permit and the public interest is properly guarded. The state engineer may permanently revoke or temporarily suspend the permit for good cause after an investigation and a hearing.
κ1987 Statutes of Nevada, Page 1775 (CHAPTER 727, AB 548)κ
state engineer may permanently revoke or temporarily suspend the permit for good cause after an investigation and a hearing. Notice must be sent to the holder of the permit at least 15 days before the hearing, by registered or certified mail, that the holder has failed to comply with this chapter. In determining whether to revoke or suspend a permit, the state engineer shall consider uses of land and water which were not in existence when the permit was issued.
2. Except as otherwise provided in subsection 3, if the state engineer has reason to believe that a person is violating or has violated a provision of this chapter or a permit issued or regulation adopted pursuant to this chapter, the state engineer may issue a written notice that the person must appear and show cause, at a hearing before the state engineer not less than 15 days after the receipt of the notice, why the person should not be ordered to cease and desist from the violation. The notice must inform the person of the date, time and place of the hearing and the consequences of failure to appear.
3. If the state engineer finds that a person is constructing or operating a project in violation of this chapter, the state engineer may issue a temporary order for the person to cease and desist the construction pending final action by the state engineer pursuant to subsection 4. The order must include written notice to the person of the date, time and place where the person must appear at a hearing before the state engineer to show cause why the temporary order should be vacated. The hearing must be held not less than 15 days after the date of the order.
4. After a hearing pursuant to subsection 2 or 3, or after the expiration of the time to appear, the state engineer shall issue a decision and order. The decision and order may take such form as the state engineer determines to be reasonable and appropriate and may include a determination of violation, an order to cease and desist, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may appeal the decision to the district court pursuant to NRS 533.450.
5. If the person continues the violation after the state engineer has issued a final decision and order pursuant to subsection 4 or a temporary order pursuant to subsection 3, the state engineer may apply for a temporary restraining order or a preliminary or permanent injunction from the district court. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
Sec. 25. 1. A person who is determined pursuant to section 24 of this act to be in violation of this chapter or a permit issued or regulation adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:
(a) One hundred dollars per day of violation not directly related to illegal recovery or use of stored water; or
(b) Ten thousand dollars per day of violation directly related to illegal recovery or use of stored water.
κ1987 Statutes of Nevada, Page 1776 (CHAPTER 727, AB 548)κ
2. An action to recover penalties pursuant to this section must be brought by the state engineer in the district court in the county in which the violation occurred.
Sec. 26. The state engineer shall designate areas of active management pursuant to NRS 534.030.
Sec. 27. The removal of ground water from any basin in Nevada, to alleviate potential hazards to persons and property resulting from the rise of ground water caused by secondary recharge, is hereby declared to be a beneficial use if it is accomplished pursuant to the terms and conditions of a waiver issued pursuant to paragraph (c) of subsection 2 of NRS 534.050 or subsection 2 of NRS 534.070.
Sec. 28. NRS 534.010 is hereby amended to read as follows:
534.010 1. As used in this chapter [:
(a) Aquifer means a geological formation or structure that transmits water.
(b) Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
(c) Domestic use extends to culinary and household purposes, in a single-family dwelling, the watering of a family garden, lawn, and the watering of domestic animals.
(d) Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
(e) Person includes any municipal corporation, power district, political subdivision of this or any state, or an agency of the United States Government.
(f) Waste means causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
(g) Well driller means any person who drills a well or wells, for compensation or otherwise.
(h) Well drilling or drilling a well are synonymous, and mean drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.] , unless the context otherwise requires, the words and terms defined in sections 2 to 16, inclusive, of this act, have the meanings ascribed to them in those sections.
2. As used in this chapter, the terms underground water and ground water are synonymous.
Sec. 29. NRS 534.050 is hereby amended to read as follows:
534.050 1. Except as otherwise provided in subsection 2, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter shall first make application to and obtain from the state engineer a permit to appropriate the water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.
κ1987 Statutes of Nevada, Page 1777 (CHAPTER 727, AB 548)κ
NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.
2. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1 [for] :
(a) For exploratory wells to be drilled to determine the availability of water or the quality of available water [, and may] ;
(b) To allow temporary use of the water in constructing a highway or exploring for oil, gas, minerals or geothermal resources [.] ; or
(c) For wells to be drilled in shallow ground water systems and pumped to alleviate potential hazards to persons and property resulting from the rise of ground water caused by secondary recharge. If practical, approved by the state engineer and consistent with chapters 533 and 534 of NRS, the withdrawn water must be used for some other beneficial use.
3. In other basins or portions of basins which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the state engineer, in accordance with the provisions of chapter 533 of NRS, a permit to appropriate the water.
4. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow temporary use of water in constructing a highway or exploring for oil, gas, minerals or geothermal resources.
5. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.
Sec. 30. NRS 534.060 is hereby amended to read as follows:
534.060 1. During the sinking or boring of a well the permittee shall cause to be placed in the well a proper and sufficient casing approved by the state engineer, so arranged as to prevent the caving in of the well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.
2. The number, size, type and distribution of perforations is optional with the permittee, except that no perforations may be made in a pipe tapping confined (artesian) water above the confining impervious materials.
3. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from the well and prevent the loss of underground water above or below the ground surface.
4. If in the judgment of the state engineer a well is in any manner defective he may order the owner to repair the well or, in his discretion, may cause the well to be repaired or sealed. If the state engineer elects to repair or seal the well, the cost of repairing or sealing the well must be paid from the water distribution account and must not be charged to the owner of the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.
κ1987 Statutes of Nevada, Page 1778 (CHAPTER 727, AB 548)κ
the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.
5. If the state engineer orders the owner to repair the well and if upon 15 days written notice by registered or certified mail, return receipt requested, the owner fails to repair [such] the well, the state engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the state engineer from the water distribution revolving account , [;] but any such cost in any event is a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.
6. The state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when the work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein the charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if that person neglects for 30 days thereafter to pay it, the bill and costs become a lien upon the lands and property of the person so liable for the payment of the bill, and must be collected as delinquent taxes against the lands and property are collected.
7. When a well is abandoned or about to be abandoned, the owner, in lieu of plugging the well, may advise the state engineer and other interested hydrologic entities that the well is available to monitor the ground water. If, in the opinion of the state engineer, the well would be useful as a site for monitoring, the state engineer may grant the owner a waiver of the requirement that the well be plugged.
________
Assembly Bill No. 394Committee on Judiciary
CHAPTER 728
AN ACT relating to gaming; requiring the state gaming control board to appoint hearing panels to conduct hearings governing the right to disseminate certain live broadcasts in this state; authorizing the state gaming control board to award the exclusive right to disseminate certain live broadcasts in this state; making an appropriation; and providing other matters properly relating thereto.
[Approved June 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
κ1987 Statutes of Nevada, Page 1779 (CHAPTER 728, AB 394)κ
Sec. 2. Disseminator means any person who furnishes an operator of a race book, sports pool or gambling game who is licensed in this state with information relating to horse racing or other racing which is used to determine winners of or payoffs on wagers accepted by the operator. The term does not include a person who provides a televised broadcast without charge to any person who receives the broadcast.
Sec. 3. As used in sections 3 to 13, inclusive, of the act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 4. Live broadcast means an audio and video transmission of a race, or series of races, as it occurs at a track and which is furnished by a disseminator to a user for a fee.
Sec. 5. Racing meet means a series of scheduled races held at a track for a specified period.
Sec. 6. Track means a facility licensed to operate horse or other racing where pari-mutuel wagering on races is conducted.
Sec. 7. User means an operator of a race book, sports pool or gambling game who is licensed in this state and receives and displays a live broadcast within this state and uses information contained in the broadcast to determine winners of or payoffs on wagers he accepts.
Sec. 8. 1. A disseminator who wishes to submit a proposal for the exclusive right to disseminate a live broadcast for a racing meet to users shall give written notice to the board not earlier than 180 days nor later than 100 days before the racing meet begins. The board may provide for a shorter period of notice.
2. Within 10 days after it receives such a notice, the board shall give written notice to each disseminator and user of its intention to conduct a hearing to determine which disseminator will receive the exclusive right to disseminate a live broadcast for a racing meet to users.
3. The notice given by the board must contain the date, time and place of the hearing and any other information the commission, with the advice and assistance of the board, may prescribe by regulation.
Sec. 9. 1. The board shall appoint a hearing panel, consisting of three members, to conduct the hearing. The commission, with the advice and assistance of the board, shall prescribe by regulation the qualifications of those members.
2. The members of the panel are entitled to receive the necessary expenses incurred in carrying out their duties as prescribed by the board. The expenses must be paid from the account for the operation of hearing panels.
3. The board may enter into agreements necessary to provide for the services of the members of the hearing panels appointed pursuant to this section.
4. The board shall provide from its staff such additional personnel as it deems necessary to carry out the provisions of this section.
Sec. 10. 1. The hearing panel shall keep a record of the hearing and allow any disseminator or user to present oral or written testimony at the hearing.
κ1987 Statutes of Nevada, Page 1780 (CHAPTER 728, AB 394)κ
allow any disseminator or user to present oral or written testimony at the hearing.
2. At the hearing each interested disseminator shall present a proposal for the exclusive right to disseminate a live broadcast to users.
3. A user may present evidence in support of or in opposition to any proposal presented by a disseminator, except that a user may not offer an opinion as to which disseminator the panel should recommend to the board.
4. Within 10 days after the hearing is completed, the hearing panel shall select the proposal of one disseminator from the proposals presented at the hearing and submit to the board the name of that disseminator as its recommendation.
5. The board may accept or reject the recommendation of the hearing panel. If the board rejects the recommendation, it may select any other disseminator who presented a proposal at the hearing, or may reject all proposals presented at the hearing.
6. The commission, with the advice and assistance of the board, shall adopt regulations prescribing the information and documentation each disseminator must include in his proposal.
Sec. 11. 1. Any disseminator who presents a proposal or user who presents evidence at the hearing conducted pursuant to section 10 of this act, may appeal the decision of the board. The aggrieved party must file a petition with the commission within 10 days after the board issues its decision.
2. The party seeking the review bears the burden of proof. The commissions review must be confined to the record and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion by the board in its decision.
3. The decision of the commission is final and is not subject to judicial review.
Sec. 12. The board may:
1. Authorize a disseminator to enter into an agreement with a track to disseminate to users a live broadcast which is received from the track.
2. Establish fees to be paid by a user of a live broadcast in an amount which is equal to the cost of carrying out the provisions of sections 3 to 13, inclusive, of this act.
3. The board shall deposit the fees with the state treasurer for credit to the account for the operation of hearing panels. Any interest earned on money in the account must be credited to that account.
Sec. 13. No live broadcast may be used or disseminated unless the rights for that broadcast have been secured by a disseminator authorized by the board pursuant to section 10 of this act.
Sec. 14. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, and section 2 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
κ1987 Statutes of Nevada, Page 1781 (CHAPTER 728, AB 394)κ
Sec. 15. NRS 463.445 is hereby amended to read as follows:
463.445 1. [The] Except as otherwise provided in subsection 3, the commission shall fix, regulate and control the rates to be charged by any disseminator of information concerning racing held at a track which uses the pari-mutuel system of wagering, but the rates must be just and reasonable.
2. The commission may require any licensee who subscribes to a disseminators service to report financial information relating to wagering and amounts won on each track or event, and may publish this information to ensure that the rates are just and reasonable.
3. The provisions of subsection 1 do not apply to the rates to be charged for the dissemination of live broadcasts.
Sec. 16. 1. There is hereby appropriated from the state general fund to the state gaming control board the sum of $10,000 for conducting hearings pursuant to section 10 of this act.
2. The board shall repay the amount so appropriated to the state treasurer for deposit in the state general fund within 1 year after the board receives the appropriation.
Sec. 17. 1. Section 13 of this act becomes effective on November 1, 1987.
2. This section and all remaining sections of this act become effective upon passage and approval.
________
Assembly Bill No. 278Committee on Commerce
CHAPTER 729
AN ACT relating to insurance; placing limitations on deductibles and copayments charged under certain policies of group health insurance; providing for review of deductibles and copayments charged by organizations for dental care; and providing other matters properly relating thereto.
[Approved June 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
A policy of group health insurance which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:
1. May not require a deductible of more than $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.
2. May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.
κ1987 Statutes of Nevada, Page 1782 (CHAPTER 729, AB 278)κ
3. May not provide for more than a 30 percent difference between the payment for coinsurance required to be paid by the insured to a preferred provider of health care and the payment for coinsurance required to be paid by the insured to a provider of health care who is not preferred.
4. Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.
5. Must use for both the preferred providers of health care and the providers of health care who are not preferred, a common dollar amount to determine the point at which an insureds payment for coinsurance is no longer required to be paid, based on a calendar year.
6. Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured requests the service and the insurer determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.
7. Must require the insurer to pay a claim to a provider of health care who is not preferred not later than 30 days after the date on which proof of the claim is received.
Sec. 2. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
A group contract for hospital, medical or dental services which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:
1. May not require a deductible of more than $500 per admission to a facility for inpatient treatment which is not a preferred provider of health care.
2. May not provide for more than a 20 percent difference between the copayment required to be paid by the insured to a preferred provider of health care and the copayment required to be paid by the insured to a provider of health care who is not preferred.
3. Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.
4. Must use for both the preferred providers of health care and the providers of health care who are not preferred, a common dollar amount to determine the point at which an insureds payment for coinsurance is no longer required to be paid, based on a calendar year.
5. Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.
6. Must require the corporation to pay a claim to a provider of health care who is not preferred not later than 30 days after the date on which proof of the claim is received.
κ1987 Statutes of Nevada, Page 1783 (CHAPTER 729, AB 278)κ
Sec. 3. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each copayment and deductible required to be paid by a member must be reasonable and reasonably related to the cost of the particular service.
2. Every organization for dental care shall submit to the commissioner for his approval any proposal for copayment or deductible before it is imposed on the members. The commissioner shall approve or disapprove the proposal within 30 days after it is submitted to him. If the commissioner disapproves a copayment or deductible, he shall notify the organization of the reasons for his disapproval. The commissioner shall grant a hearing on any such disapproval within 15 days after the organization requests, in writing, a hearing on the matter.
3. The commissioner may adopt regulations to define:
(a) Reasonable as it relates to copayments and deductibles; and
(b) A reasonable relationship between the cost of particular services and the amount of related copayments and deductibles.
Sec. 4. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
A hospital shall not waive a deductible or copayment if:
1. The hospital is not a preferred provider of health care; and
2. The waiver would reduce the financial effect of a preferred providers incentive or disincentive to its insureds.
Sec. 5. NRS 449.160 is hereby amended to read as follows:
449.160 The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 4 of this act, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of NRS 449.001 to 449.245, inclusive, or of any other law of this state or of the standards, rules and regulations [promulgated] adopted thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
5. Failure of the applicant to obtain written approval from the director of the department of human resources as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter.
Sec. 6. The provisions of sections 1 and 2 of this act apply to all policies or coverages issued or renewed on or after January 1, 1988.
________
κ1987 Statutes of Nevada, Page 1784κ
Assembly Bill No. 704Assemblymen Wendell Williams, Arberry, Swain, Garner, Spinello, Jeffrey, Porter, Nevin, Sedway, Triggs, Craddock, Haller, Schofield, Banner, Wisdom, Humke and Nicholas
CHAPTER 730
AN ACT making an appropriation to the City of Las Vegas for the operation and establishment of certain programs; and providing other matters properly relating thereto.
[Approved June 23, 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 City of Las Vegas the sum of $80,000 for distribution to the Doolittle Community Center for the operation of a tutorial program for disadvantaged youths and the establishment of a Big Brother/Big Sister program.
2. The City of Las Vegas shall account for the sum appropriated by subsection 1 separately from its other money and use the sum only for the purposes set forth in subsection 1.
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.
________
Senate Bill No. 468Senators Redelsperger, Coffin, Jones, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads and Townsend
CHAPTER 731
AN ACT relating to public assistance; creating a presumption of the transfer of assets under certain circumstances for determining the eligibility of certain persons for assistance under the state plan for the medically indigent; and providing other matters properly relating thereto.
[Approved June 24, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In determining the eligibility of a married person for assistance under the state plan for assistance to the medically indigent, the assets of that person shall be deemed to have been transferred for full and adequate consideration if that person is considered to be living separately from his spouse pursuant to Title XIX of the Social Security Act and the regulations adopted pursuant to it, and he has entered into a written agreement with his spouse dividing their assets into equal shares of separate assets.
κ1987 Statutes of Nevada, Page 1785 (CHAPTER 731, SB 468)κ
adopted pursuant to it, and he has entered into a written agreement with his spouse dividing their assets into equal shares of separate assets.
2. The assets designated in an agreement as separate assets must be considered the separate assets of the spouse who is designated in the agreement as the owner of the assets. If the assets are made available to the spouse who is not the owner of the assets, the welfare division may include those assets in determining the eligibility of the spouse who is not the owner.
3. The welfare division shall:
(a) Adopt regulations necessary to carry out the provisions of this section; and
(b) Provide information to each applicant for assistance concerning his rights pursuant to this section and the regulations adopted pursuant to paragraph (a).
________
Assembly Bill No. 64Assemblymen Nicholas, Nevin, Thomas, Freeman, Haller, Kerns, Evans, Marvel and Humke
CHAPTER 732
AN ACT making an appropriation to the University of Nevada, Reno, for design and planning of a new engineering and laboratory center; and providing other matters properly relating thereto.
[Approved June 25, 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 University of Nevada, Reno, the sum of $425,000 for the design and planning of a new engineering and laboratory center.
Sec. 2. The state controller shall not distribute the money appropriated by section 1 of this act until he receives a declaration from the governor stating that the University of Nevada, Reno, has submitted sufficient evidence to the governor that it has received contributions or pledges of money from sources other than the State of Nevada or the Federal Government in the amount of $1,000,000. The contributions and pledges must be reserved by the University of Nevada, Reno, for the augmentation and enhancement of the engineering and laboratory center through the purchase of equipment and other needed items.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed and reverts to the state general fund as soon as all payments of money committed have been made.
κ1987 Statutes of Nevada, Page 1786 (CHAPTER 732, AB 64)κ
Sec. 4. 1. This section and section 2 of this act become effective on July 1, 1987.
2. Sections 1 and 3 of this act become effective on August 1, 1988.
________
Senate Bill No. 193Committee on Judiciary
CHAPTER 733
AN ACT relating to courts of record; designating municipal courts as courts of record in cases in which a jury trial is required; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.020 is hereby amended to read as follows:
1.020 The following courts are court of record:
1. The supreme court [, the] ;
2. The district courts [, and the] ;
3. The justices courts [are courts of record.] ; and
4. In any case in which a jury trial is required, the municipal courts.
________
Senate Bill No. 594Committee on Finance
CHAPTER 734
AN ACT relating to the legislature; deleting the provisions establishing the per diem salaries for certain employees of the senate and the assembly; raising the compensation for officers and employees; repealing the provision authorizing travel and subsistence allowances for those persons; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. There must be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
κ1987 Statutes of Nevada, Page 1787 (CHAPTER 734, SB 594)κ
Senate
Assistant director of bill services................................................................. [$53] $55
Assistant secretary........................................................................................... [80] 83
Assistant sergeant-at-arms.............................................................................. [60] 62
Bill clerks............................................................................................................. [45] 47
Committee secretary.......................................................................................... [65] 67
Director of bill services..................................................................................... [58] 60
Director of clerical services.............................................................................. [73] 76
History clerk....................................................................................................... [73] 76
Journal clerk........................................................................................................ [73] 76
Minute clerk........................................................................................................ [73] 76
Page....................................................................................................................... [45
Secretary............................................................................................................... 95] 47
Senior committee secretary.............................................................................. [70] 73
Sergeant-at-arms................................................................................................ [75] 78
Stenographers.................................................................................................... [58] 60
Typist.................................................................................................................. [50] 52
Assembly
Assistant chief clerk........................................................................................ [$80] $83
Assistant sergeant-at-arms.............................................................................. [60] 62
Assistant supervisor of bill clerks.................................................................. [53] 55
Bill clerk................................................................................................................ [45
Bill distribution clerk............................................................................................ 45
Chief clerk............................................................................................................. 95] 47
Committee secretary.......................................................................................... [65] 67
History clerk....................................................................................................... [73] 76
Journal clerk........................................................................................................ [73] 76
Minute clerk........................................................................................................ [73] 76
Pages................................................................................................................... [45] 47
Secretary............................................................................................................. [58] 60
Senior committee secretary.............................................................................. [70] 73
Sergeant-at-arms................................................................................................ [75] 78
Supervisor of bill clerks...................................................................................... [58
Supervisor of bill distribution center............................................................... 50] 60
Supervisor of secretarial staff.......................................................................... [73] 76
Typists................................................................................................................ [50] 52
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.
κ1987 Statutes of Nevada, Page 1788 (CHAPTER 734, SB 594)κ
Sec. 2. NRS 218.235 is hereby repealed.
________
Assembly Bill No. 136Assemblymen Thomas, Myrna Williams, Spinello, Callister, Brookman, Wisdom, Banner, Porter, Jeffrey, Nevin, Sedway, Thompson, DuBois, Tebbs, Arberry, Wendell Williams, Nicholas, Garner, Kerns, Fay, Kissam, Adler, Haller, Triggs, Price, McGaughey, Evans, Dini, Freeman, Gaston and Carpenter
CHAPTER 735
AN ACT relating to cultural activities; creating a fund for local cultural activities; making an appropriation; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 233C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The fund for local cultural activities is hereby created as a special revenue fund. The fund must be administered by the trustee of the Music Performance Trust Funds, 1501 Broadway, New York City, New York.
2. If the trustee signifies his acceptance in writing to the secretary of state and furnishes a copy of his acceptance to the state controller, money from the fund must be paid out on claims by the trustee as other claims against the state are paid.
Sec. 3. 1. The trustee may use money from the fund for local cultural activities to support concerts, operas, ballets and public dances:
(a) Which are presented in this state in public parks, public facilities, universities, colleges, schools, hospitals and other institutions; and
(b) For which no fee is charged to the public, students, patients or other persons for attendance.
2. The costs for which the trustee may expend money from the fund include the compensation of musicians, singers, other performing artists and necessary technicians, and the cost of their transportation to and from performances.
3. The trustee may use no more than 10 percent of the total money expended for the payment of industrial insurance, unemployment compensation, federal taxes on employment and similar charges. In addition, he may expend money from the fund to pay his actual expenses of travel in administering the fund.
4. Employment of any performer or technician must comply with NRS 613.230 to 613.430, inclusive, and no reference to arrangement through a labor organization may be made with respect to any performance funded in whole or in part from the fund.
κ1987 Statutes of Nevada, Page 1789 (CHAPTER 735, AB 136)κ
Sec. 4. 1. There is hereby appropriated from the state general fund to the fund for local cultural activities created pursuant to section 2 of this act the sum of $100,000.
2. 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. 5. 1. This act becomes effective upon passage and approval.
2. This act expires by limitation and any money deposited in the fund for local cultural activities reverts immediately to the state general fund if:
(a) The trustee of the Music Performance Trust Funds fails to signify his acceptance of the administration of the fund before August 1, 1987; or
(b) After signifying his acceptance, the trustee fails to administer the fund.
________
Assembly Bill No. 76Committee on Taxation
CHAPTER 736
AN ACT relating to tobacco; temporarily increasing the rate of the cigarette tax; limiting the extension of credit for the purchase of cigarettes and other tobacco products by retail dealers; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto a new section to read as follows:
A retail dealer shall pay the wholesale dealer for all cigarettes and other tobacco products purchased from that wholesale dealer:
1. If the cigarettes or other tobacco products were delivered to the retail dealer on or after the 1st day of the month but before the 16th day of the month, on or before the 29th day of the same month; and
2. If the cigarettes or other tobacco products were delivered to the retail dealer on or after the 16th day of the month but before the 1st day of the next month, on or before the 14th day of the next month.
Sec. 2. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [7.5] 10 mills per cigarette, but not less than [15] 20 cents for each package. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price.
κ1987 Statutes of Nevada, Page 1790 (CHAPTER 736, AB 76)κ
the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 3. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [2.5] 5 mills per cigarette, but not less than [5] 10 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental trust fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In [counties having a population of] a county whose population is 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In [counties having a population of] a county whose population is less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
κ1987 Statutes of Nevada, Page 1791 (CHAPTER 736, AB 76)κ
county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 4. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as otherwise provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of the use tax is [7.5] 10 mills per cigarette, but not less than [15] 20 cents for each package.
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 5. Sections 2, 3 and 4 of this act expire by limitation on July 1, 1989.
________
Senate Bill No. 584Committee on Natural Resources
CHAPTER 737
AN ACT relating to wildfires; requiring the Nevada Association of Counties to conduct a study of the prevention and suppression of wildfires and restoration of burned areas; making an appropriation; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Nevada Association of Counties shall conduct a comprehensive study of programs concerning the prevention and suppression of wildfires and the restoration of burned areas.
Sec. 2. The study shall include, but not be limited to:
1. The identification, review and evaluation of the effectiveness of former federal, state and local legislation enacted to address the programs concerning the prevention and suppression of wildfires and the restoration of burned areas;
2. The identification, review and evaluation of existing federal, state and local programs for the prevention and suppression of wildfires and the restoration of burned areas coupled with sources of funding for these programs;
κ1987 Statutes of Nevada, Page 1792 (CHAPTER 737, SB 584)κ
restoration of burned areas coupled with sources of funding for these programs;
3. The identification and review of future sources of funding for programs within the state for the prevention and suppression of wildfires and the restoration of burned areas;
4. The identification, review and evaluation of effective programs within the state or in other states concerning such subjects as a seed bank, a seed drill, green stripping and low-interest loans, which could be expanded or established for programs for the prevention and suppression of wildfires and the restoration of burned areas;
5. The evaluation of the feasibility of establishing comprehensive plans for present and future programs for the prevention and suppression of wildfires and the restoration of burned areas;
6. The review, evaluation and recommendations concerning research and technology related to programs for the prevention and suppression of wildfires and the restoration of burned areas; and
7. The formation of recommendations to the Federal Government regarding the allocation of adequate money for programs concerning the prevention and suppression of wildfires and the restoration of burned areas.
Sec. 3. The Nevada Association of Counties shall report the results of its study to the 65th session of the legislature.
Sec. 4. 1. There is hereby appropriated from the state general fund to the Nevada Association of Counties the sum of $40,000 for the study of wildfires.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after January 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 890Committee on Ways and Means
CHAPTER 738
AN ACT making an appropriation to the legislative fund for the support of the interim studies; and providing other matters properly relating thereto.
[Approved June 25, 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 legislative fund the sum of $85,000 for the support of the interim studies approved by the 64th Session of the Legislature.
κ1987 Statutes of Nevada, Page 1793 (CHAPTER 738, AB 890)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 632Assemblyman DuBois (by request)
CHAPTER 739
AN ACT relating to autopsies; requiring the person ordering an autopsy on a minor to notify the parents or guardian of the minor; requiring that the internal organs be kept with the body after such an autopsy; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When an autopsy is performed upon the body of a minor, the person who orders the autopsy shall make a diligent effort to give the parents or guardian of the minor notice of the autopsy in person, by telephone or by mail.
2. The internal organs must, if feasible, be kept with the body after such an autopsy is completed.
________
Senate Bill No. 73Committee on Transportation
CHAPTER 740
AN ACT relating to transportation; making various changes regarding the department of transportation; revising the requirements concerning bonds of contractors for the construction of certain highways; increasing the fees for registration of motor vehicles; increasing the motor vehicle fuel tax and special fuel tax; limiting the use of revenue from the increased fees and taxes; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a [registration fee of $15.] fee for registration of $17.
κ1987 Statutes of Nevada, Page 1794 (CHAPTER 740, SB 73)κ
2. For every motorcycle, a [registration fee of $15.] fee for registration of $17.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. For every motor vehicle there is an additional fee of $5 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
5. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 the fee is $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
6. For every travel trailer, a [registration fee of $15.] fee for registration of $17.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 482.482 is hereby amended to read as follows:
482.482 1. In addition to any other applicable fee listed in NRS 482.480:
(a) There must be paid to the department a fee of [$15] $17 for the registration of every motortruck, truck tractor or bus which has a declared gross weight of less than 6,000 pounds.
(b) There must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of 6,000 pounds or more, fees according to the following schedule:
6,000 to and including 8,499..................................................................... [$20] $22
8,500 to and including 10,000..................................................................... [30] 32
If the declared gross weight is 10,001 pounds or more, the fee is [$4] $6 for each 1,000 pounds or fraction thereof. The maximum fee is [$320.] $480.
2. A vehicle which is registered without proration under this section is exempt from the provisions of NRS 706.516 and 706.521.
Sec. 3.5. NRS 484.743 is hereby amended to read as follows:
484.743 1. The [board of directors] director of the department of transportation my [by resolution] authorize the movement of vehicles upon the public highways, including without limitation motor vehicles, tractors, trailers, semitrailers and combinations thereof, of a size and weight in excess of the limits prescribed by this chapter, to such extent as may be authorized by any legislation enacted by the Congress of the United States permitting such increases without forfeiture of this states eligibility for federal aid in highway construction and maintenance.
2. The [board of directors] director of the department of transportation may by [resolution] regulation establish a reasonable fee or fees to be charged by the department for the issuance of permits authorizing the operation of oversize or overweight vehicles as provided in this chapter. The fee or fees so established must be in an amount set so that the aggregate amounts received from the fee or fees do not exceed the estimated costs of administering the permit system.
κ1987 Statutes of Nevada, Page 1795 (CHAPTER 740, SB 73)κ
amounts received from the fee or fees do not exceed the estimated costs of administering the permit system.
Sec. 4. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax [of:
(1) One cent per gallon on all] on:
(1) All fuel for jet or turbine-powered aircraft [;
(2) Nine cents per gallon on petroleum-ethanol mixture; and
(3) Ten cents per gallon on all] in the amount of 1 cent per gallon; and
(2) All other motor vehicle fuel [,] in the amount of 11.72 cents per gallon,
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 5. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax on:
(1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon; and
(2) All other motor vehicle fuel in the amount of [11.72]12.65 cents per gallon, so sold, distributed or used, in the manner and within the time prescribed in this chapter.
κ1987 Statutes of Nevada, Page 1796 (CHAPTER 740, SB 73)κ
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department of the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 6. NRS 365.180 is hereby amended to read as follows:
365.180 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of [1.25] 2.53 cents per gallon on all motor vehicle fuel.
2. This tax must be accounted for by each dealer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
Sec. 7. NRS 365.180 is hereby amended to read as follows:
365.180 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of [2.53] 3.6 cents per gallon on all motor vehicle fuel.
2. This tax must be accounted for by each dealer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
Sec. 7.5. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax as levied in NRS 365.180 must be allocated monthly by the department to the counties upon the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population.
(c) One-fourth in proportion to road mileage and street mileage (nonfederal aid primary roads).
(d) One-fourth in proportion to vehicle miles of travel on roads (nonfederal aid primary roads).
2. The amount due to the counties under the formula must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the warrants out of the proceeds of the tax levied in NRS 365.180.
3. [Money] Of the money received by the counties by reason of the provisions of this section :
κ1987 Statutes of Nevada, Page 1797 (CHAPTER 740, SB 73)κ
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that work, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration [.] ; and
(b) An amount equal to that part of the allocation which represents 1.28 cents of the tax per gallon must be allocated pursuant to the following formula:
(1) If there are no incorporated cities in the county, to the county; and
(2) If there is one or more incorporated cities in the county, to the county and any incorporated cities in the county pursuant to the formula set out for counties in subsection 1. For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation. The determination so made by the department is conclusive.
Sec. 7.7. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax as levied in NRS 365.180 must be allocated monthly by the department to the counties upon the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population.
(c) One-fourth in proportion to road mileage and street mileage (nonfederal aid primary roads).
(d) One-fourth in proportion to vehicle miles of travel on roads (nonfederal aid primary roads).
2. The amount due to the counties under the formula must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the warrants out of the proceeds of the tax levied in NRS 365.180.
3. Of the money received by the counties by reason of the provisions of this section:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that work, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents [1.28] 2.35 cents of the tax per gallon must be allocated pursuant to the following formula:
(1) If there are no incorporated cities in the county, to the county; and
κ1987 Statutes of Nevada, Page 1798 (CHAPTER 740, SB 73)κ
(2) If there is one or more incorporated cities in the county, to the county and any incorporated cities in the county pursuant to the formula set out for counties in subsection 1. For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation. The determination so made by the department is conclusive.
Sec. 8. NRS 366.190 is hereby amended to read as follows:
366.190 1. Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of [13] 17 cents per gallon on the sale or use of special fuels.
2. The rate of tax on compressed natural gas or liquefied petroleum gas as a special fuel is the same rate provided in subparagraph (3) of paragraph (b) of subsection 1 of NRS 365.170 per gallon of all other motor vehicle fuel.
Sec. 9. NRS 366.190 is hereby amended to read as follows:
366.190 1. Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of [17] 20 cents per gallon on the sale or use of special fuels.
2. The rate of tax on compressed natural gas or liquefied petroleum gas as a special fuel is the same rate provided in subparagraph (3) of paragraph (b) of subsection 1 of NRS 365.170 per gallon of all other motor vehicle fuel.
Sec. 9.5. NRS 408.020 is hereby amended to read as follows:
408.020 As used in this chapter the words and terms defined in NRS [408.035] 408.037 to 408.095, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 9.7. NRS 408.100 is hereby amended to read as follows:
408.100 Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:
1. An integrated system of state highways and roads is essential to the general welfare of the state.
2. Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.
3. Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.
4. In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads facilities of this state, for present as well as for future use.
κ1987 Statutes of Nevada, Page 1799 (CHAPTER 740, SB 73)κ
5. To this end, it is the express intent of the legislature to make the [board of directors] director of the department of transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the [board] director to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.
6. The legislature intends:
(a) To declare, in general terms, the powers and duties of the [board of directors,] director, leaving specific details to be determined by reasonable regulations and declarations of policy which the [board] director may promulgate.
(b) By general grant of authority to the [board of directors,] director to delegate sufficient power and authority to enable [the board] him to carry out the broad objectives contained in this chapter.
7. The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to insure safe and convenient transportation on these public ways is no less urgent.
8. The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of transportation facilities in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
9. The words construction, maintenance and administration used in section 5 of Article 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.
Sec. 10. NRS 408.116 is hereby amended to read as follows:
408.116 1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the department is named as a party defendant must be personally served upon the director [and also personally served upon the chairman of the board;] or, in the absence of the director , [and the chairman of the board,] the process must be served personally upon the secretary of state and also upon the deputy director.
2. All legal actions brought and defended by the department must be in the name of the State of Nevada on relation of its department.
3. This section is not a consent on the part of the department to be sued.
Sec. 11. NRS 408.117 is hereby amended to read as follows:
408.117 [The governor shall be the] The board may elect any of its members to serve as chairman of the board. [In his absence or inability to act, any director may act as chairman.]
Sec. 11.2. NRS 408.125 is hereby amended to read as follows:
408.125 The [board] director may:
1. Adopt such rules, bylaws, motions and resolutions, not inconsistent with this chapter, as may be necessary to govern the administration, activities and proceedings of the department.
κ1987 Statutes of Nevada, Page 1800 (CHAPTER 740, SB 73)κ
with this chapter, as may be necessary to govern the administration, activities and proceedings of the department.
2. On behalf of the State of Nevada, enter into agreements with any adjoining state, or any proper agency of such state, for the construction, reconstruction, improvement, operation and maintenance by any party to such agreement, in such manner and by such means as may be provided in the agreement, of bridges over interstate waters, and may enter into like agreements with respect to construction, reconstruction, improvement, operation and maintenance of highways within the State of Nevada or such adjoining state, when such highways are at or near the common boundary of the states.
3. Authorize the department to join associations of highway officials of other states and other organizations which have been heretofore or may hereafter be established, having as their purpose the interchange of information, establishment of standards and policies relating to highway construction, reconstruction, improvement, maintenance and administration.
4. Designate by regulation alternative routes for the transport of radioactive, chemical or other hazardous materials over the highways or county roads of this state, in lieu of the preferred highways for such transport designated by the United States Department of Transportation, or approve alternative routes set forth in a proposed county or city ordinance if the regulation or ordinance does not conflict with the standards for alternative routes established by the United States Department of Transportation.
Sec. 11.4. NRS 408.136 is hereby amended to read as follows:
408.136 1. The [board] director may sell or lease any of the states water rights which are appurtenant to real property acquired pursuant to this chapter to a public utility engaged in the business of furnishing water for municipal, industrial and domestic purposes without first offering those water rights to the public.
2. If a public utility wishes to dispose of any water right acquired pursuant to subsection 1, it must be reconveyed to the state.
Sec. 11.6. NRS 408.137 is hereby amended to read as follows:
408.137 1. Whenever the legislature is not in session, the [board] director may borrow, with the approval of the state board of examiners, money from financial institutions for short periods to carry out the responsibilities of the department.
2. To secure short-term financing, the [board] director may pledge only revenue which [it] he anticipates the department will receive.
3. The lending institution has no claim against the state, and may recover from the board under the loan agreement only to the extent that the revenues pledged as security for the loan become available.
Sec. 11.8. NRS 408.140 is hereby amended to read as follows:
408.140 1. Subject to the approval of the [board,] director, the attorney general shall, immediately upon request by the [board,] director, appoint an attorney at law as the chief counsel of the department, and such assistant attorneys as are necessary.
κ1987 Statutes of Nevada, Page 1801 (CHAPTER 740, SB 73)κ
attorney at law as the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed are deputy attorneys general.
2. The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the chief counsel, the assistant attorneys may perform any duty required or permitted by law to be performed by the chief counsel.
4. The chief counsel and assistant attorneys are in the unclassified service of the state.
5. All contracts, instruments and documents executed by the department must be first approved and endorsed as to legality and form by the chief counsel.
Sec. 12. NRS 408.160 is hereby amended to read as follows:
408.160 The [board] governor shall select a person to be the director [to be head] of the department [.] who:
1. Is responsible to the governor; and
2. Serves at the pleasure of the governor.
Sec. 13. NRS 408.163 is hereby amended to read as follows:
408.163 The director:
1. Is in the unclassified service of the state.
2. Must [hold a masters degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or] be a registered professional engineer [.] in the state.
3. Must have had at least 5 years of responsible administrative experience in public or business administration.
4. Must possess broad skills as a manager in areas related to the functions of the department.
Sec. 13.5. NRS 408.170 is hereby amended to read as follows:
408.170 The director shall devote his whole time to the duties of his office, and may be removed by the [board] governor at any time.
Sec. 14. NRS 408.203 is hereby amended to read as follows:
408.203 The director shall [report] :
1. Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the department, and submit it to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.
2. Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 3 years, including anticipated revenues and expenditures of the department, no later than October 1 of each even-numbered year, and submit it to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.
κ1987 Statutes of Nevada, Page 1802 (CHAPTER 740, SB 73)κ
3. Report to the legislature by February 1 of odd-numbered years the progress being made in the departments 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 calendar years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.
Sec. 14.5. NRS 408.205 is hereby amended to read as follows:
408.205 1. [With the approval of the board, the] The director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter, except those construction contracts as provided in NRS 408.327 and 408.347.
2. The director has such other power and authority as may be necessary and proper under the provisions of this chapter . [or as may be delegated to him by the board.]
3. The director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the department who make written requests for such deductions and purchases. For the purpose of allowing all department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the director shall provide forms authorizing the deductions and purchases and shall make them readily available to all department officers and employees.
Sec. 14.7. NRS 408.220 is hereby amended to read as follows:
408.220 Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, and at such other times as the [board may designate,] governor designates, the director shall report all the proceedings of the department to the [board.] governor.
Sec. 15. NRS 408.225 is hereby amended to read as follows:
408.225 [The director, with the approval of the board,] Except as otherwise provided in NRS 408.323, the director may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services that may be required for the purpose of this chapter. Such equipment, supplies and services must be managed and used under the control of the director.
Sec. 16. NRS 408.240 is hereby amended to read as follows:
408.240 1. Upon the written request of the [board,] director, the state controller shall draw his warrant in favor of the director in the sum of $250,000, and in such additional sums not exceeding a total of $250,000 as the [board] director may from time to time request, and upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.
2. Such a sum of not more than $500,000 is designated as the state highway revolving account, and may be used by the department for the purpose of paying the current payrolls of the department and other charges and obligations requiring prompt payment, and for no other purposes.
3. All money paid by the department from the state highway revolving account must, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state.
κ1987 Statutes of Nevada, Page 1803 (CHAPTER 740, SB 73)κ
examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such money paid in favor of the state highway revolving account to be paid to the order of the director, and the state treasurer shall pay the warrant.
4. The director shall deposit the state highway revolving account in one or more banks of reputable standing and secure the deposit by a depositary bond satisfactory to the state board of examiners.
Sec. 17. NRS 408.273 is hereby amended to read as follows:
408.273 The state board of examiners shall, when so requested by the [board of directors of the department of transportation,] director, issue special obligation bonds of the State of Nevada to provide money to enable the department of transportation to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by a pledge of the appropriate federal highway grants payable to the state and by taxes which are credited to the state highway fund and must mature within not more than 5 years from their date.
Sec. 18. NRS 408.275 is hereby amended to read as follows:
408.275 1. The department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the state.
2. The department may construct and maintain roadside parks for the convenience of the traveling public and the roadside parks may be constructed at such locations as may be selected by the director.
3. In order to provide information for the traveling public, the director may maintain maps, informational directories and advertising pamphlets at safety rest areas. The director may [, with the concurrence of the board,] contract with persons experienced in financing and operating [information] centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to those persons available land at safety rest areas for such periods of time and for such considerations as are determined by the director to be in the best interests of the State of Nevada.
4. The department may receive any federal [funds] money available for the purposes of this section under the federal acts described in NRS 408.245.
5. The department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the state.
Sec. 19. NRS 408.280 is hereby amended to read as follows:
408.280 1. On or before July 15 of each year the [board] director shall have prepared and presented to the governor a detailed proposed work program, the form and content to be determined by the [board,] director, for the fiscal year ending the following June 30, stating therein the amount, character, and nature of the construction, reconstruction and improvements to be initiated on the highways within the respective counties of the state during the ensuing fiscal year, together with an estimate of the cost to complete such work.
κ1987 Statutes of Nevada, Page 1804 (CHAPTER 740, SB 73)κ
character, and nature of the construction, reconstruction and improvements to be initiated on the highways within the respective counties of the state during the ensuing fiscal year, together with an estimate of the cost to complete such work.
2. The [board] director shall cause a copy of the proposed work program to be printed and a copy mailed to the chairman of the board of county commissioners of the several counties of the state, and a copy [shall] must be furnished to all news media in the state.
Sec. 20. NRS 408.283 is hereby amended to read as follows:
408.283 1. The department may enter into cooperative agreements with any board of county commissioners in the state for the improvement of any road.
2. Roads improved pursuant to this section [shall] must belong to the county and [shall] must be maintained at the expense of the county.
3. Each agreement entered into pursuant to this section is effective upon the approval of the [board,] director, and no [funds shall] money may be expended pursuant to an agreement except upon authorization by the [board.] director.
Sec. 21. NRS 408.2832 is hereby amended to read as follows:
408.2832 1. The [board] director shall determine the priority of improvement of any road proposed pursuant to NRS 408.283.
2. The [board] director shall not authorize the expenditure of [funds] money for any agreement entered into pursuant to NRS 408.283 until [it] he first determines that the county is able to perform its pro rata share of the improvement and that it will maintain the project as required by the agreement.
Sec. 22. NRS 408.285 is hereby amended to read as follows:
408.285 1. Except as provided in subsection 2, only those highways which are owned and maintained by the department in accordance with the provisions of this chapter are state highways, and the department is responsible for their construction, reconstruction, improvement and maintenance. Money available to the state through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor. When federal money is made available under federal acts authorizing the use of federal [funds] money to build roads in the national forests, the [board] director may set aside for that purpose and expend highway money on state highways built by the Federal Government.
2. Unless it has been expressly designated as a state highway, every other highway, road, street, land, sidewalk, alley, pathway, waterway or any other way for the passage of a person, animal or vehicle is not a state highway, and the department is not liable for any damage arising from the use of that highway or for any hazard or deficiency in that highway. Designation of any such way as a state highway may be accomplished only by a written agreement properly executed by the director and recorded in the county in which the highway is located.
3. Other highways may be designated by the director as state routes if:
(a) They connect or extend existing state highways; or
κ1987 Statutes of Nevada, Page 1805 (CHAPTER 740, SB 73)κ
(b) Their construction, reconstruction, improvement and maintenance by the department is anticipated within a reasonable period.
4. For administrative purposes all state highways and routes may be selected, designated and assigned route numbers by the director. Numbers selected may conform so far as possible to applicable federal designations of routes.
5. All roads connecting state parks with state or county highways or city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state. The department may construct and maintain roads within state parks subject to approval of locations and design by the division of state parks of the state department of conservation and natural resources.
Sec. 23. NRS 408.323 is hereby amended to read as follows:
408.323 1. Whenever it [appears to] can be justified by the director that [any] limited work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.327, the director may [, with the approval of the board,] execute such work or improvements with department facilities and employees.
2. In the event of disaster or great emergency the director may [, with the approval of the board,] hire, employ or contract for such labor, materials and equipment as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster and the provisions of NRS 408.327 and 408.367 do not apply.
Sec. 24. NRS 408.333 is hereby amended to read as follows:
408.333 1. Before furnishing any person proposing to bid on any [duly] advertised work with the plans and specifications for such work, the director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of a persons financial ability and experience in performing public work of a similar nature.
2. Such statements must be filed with the director in ample time to permit the department to verify the information contained therein in advance of furnishing proposal forms, plans and specification to any person proposing to bid on the advertised public work, in accordance with the regulations of the department.
3. Whenever the director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, he may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who may be disqualified by the director, in accordance with the provisions of this section, may request, in writing, a hearing before the director and present against his check, cash or undertaking and such further evidence with respect to his financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his opinion, issuance to him of the plans and specifications for the work.
κ1987 Statutes of Nevada, Page 1806 (CHAPTER 740, SB 73)κ
further evidence with respect to his financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his opinion, issuance to him of the plans and specifications for the work.
[5. Any such person has the further right of appeal from the decision of the director to the board, but the appeal must be made not later than 5 days before the opening of the bids on the project. If such an appeal is sustained by the board, the person must be admitted to the rights and privileges of all other bidders.]
Sec. 25. NRS 408.347 is hereby amended to read as follows:
408.347 1. All construction contracts authorized by NRS 408.327 must be executed in the name of the State of Nevada and must be signed by the [chairman of the board, attested by the] director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.
2. When the contract is fully executed, a copy of the same, including plans and specifications, must be filed in the office of the department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.
Sec. 26. NRS 408.353 is hereby amended to read as follows:
408.353 1. Except as otherwise provided in subsection 2, all [members of the board,] directors and other officers or employees of the department are prohibited from having any interest, directly or indirectly, in any contract entered into by the department.
2. If the director of the department deems it necessary to enter into a contract with one of the persons described in subsection 1, he shall submit the proposed contract to the state board of examiners for approval. Upon its approval, the director may enter into the contract.
3. Any contract made in violation of this section may be declared void at the instance of the state or any person interested in the contract except a person prohibited from being interested in it.
4. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, forfeits his office and is forever disqualified from holding any public office in this state.
Sec. 26.5. NRS 408.357 is hereby amended to read as follows:
408.357 1. Every contract [shall] must provide for the filing and furnishing of [a bond or] one or more bonds by the successful bidder, with corporate sureties approved by the department and authorized to do business in the state, in a sum [or sums] equal to the full or total amount of the contract awarded. [Such] The bond or bonds [shall] must be performance bonds or labor and material bonds , or both.
2. [Such] The performance bonds [shall guarantee] must:
κ1987 Statutes of Nevada, Page 1807 (CHAPTER 740, SB 73)κ
(a) Guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.
(b) Be maintained for 1 year after the date of completion of the contract.
3. [Such] The labor and material bonds [shall:] must:
(a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and
(b) Provide that if the contractor or his [or its subcontractor or subcontractors, assign] subcontractors, or assigns, fail [duly] to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, [such] the contractor or his [or its] subcontractors, the surety shall [pay the same] make the required payment in an amount not exceeding the total sum specified in the bond together with interest at a rate of 8 percent per annum.
All such bonds [shall] must be otherwise conditioned as required by law or the department.
4. No person bidding for work or submitting proposals under the provisions of this chapter [shall] may be accepted as surety on any bond.
5. Whenever the department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as are necessary, considering the extent of the work remaining to be done. Thereafter no payment [shall] may be made upon [such] the contract to the contractor or any assignee of the contractor until [such] the further bonds or additional sureties have been furnished.
6. The department in every contract may require the furnishing of proof by the successful bidder of public liability and [property damage] insurance coverage [.] for damage to property.
Sec. 27. NRS 408.367 is hereby amended to read as follows:
408.367 1. [With the approval of the board, the] The director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $50,000.
2. Such informal bids must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.
3. The department shall:
(a) Mail a copy of the bid invitation by certified mail to all qualified bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of $50,000.
(b) Maintain a record of such certified mailings.
4. Contracts awarded under the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and [shall] must be signed by the director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.
κ1987 Statutes of Nevada, Page 1808 (CHAPTER 740, SB 73)κ
Sec. 27.5. NRS 408.393 is hereby amended to read as follows:
408.393 1. The department shall:
(a) Cooperate with the labor commissioner in the enforcement of the state labor laws insofar as [such] the labor laws relate to labor performed in construction, maintenance and repair of highways under the jurisdiction of the department.
(b) Require that any work done, either by contract or days pay, [shall] must be paid for at the legal wage as fixed by law.
2. [No] A contractor shall [be allowed to] not charge persons seeking employment for transportation or fares in case of their being refused employment or in case of being discharged from employment, such transportation or fares applying to their return to the nearest city or town.
3. [No contractor or contractors] A contractor for any [highway improvement] improvements on highways furnishing board for his [or their employees shall be allowed to] employees shall not charge more than $3.50 per day for three substantial means.
4. [Where] If any contractor [shall have violated the law in the particulars set forth in] violates any of the provisions of this section three times in any 1 year, the department shall refuse [such] the contractor the right to bid on any contract for [a period of] 1 year, or [to allow such contractor to] participate in any contract as subcontractor or in any manner whatever during [such] the period.
5. The department and the labor commissioner shall enforce the provisions of this section.
6. This section [shall] does not apply to work done directly by any public utility [company] pursuant to an order of the department or other public authority, whether or not done under public supervision or direction, or paid for wholly or in part out of public [funds.] money.
Sec. 28. NRS 408.397 is hereby amended to read as follows:
408.397 Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing location by reason of grades, dangerous turns or other local conditions, or that the expense in the constructing, building, rebuilding, maintaining or repairing of the highway would be unreasonably great and could be materially reduced or lessened by change of route, the director may divert or change the route, but [:
1. The] the highway must not be changed or diverted to exclude any city or town unless the consent of the governing body of that city or town has been obtained .[; and
2. The director shall first submit a plan of the proposed change to the board, and the plan must be approved by the board before action is taken to effect the change.]
Sec. 29. NRS 408.403 is hereby amended to read as follows:
408.403 1. [After and upon a resolution of the board, the] The department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county commissioners of the county in which such freeways may be proposed and with the approval of the city council of any incorporated city directly affected thereby.
κ1987 Statutes of Nevada, Page 1809 (CHAPTER 740, SB 73)κ
vacate or abandon freeways, with the approval of the board of county commissioners of the county in which such freeways may be proposed and with the approval of the city council of any incorporated city directly affected thereby.
2. The department [shall have] has all such additional and necessary authority relative to such freeways as it possesses relative to other highways, including the authority to acquire by gift, purchase, condemnation or otherwise such real property or interests therein, including abutters rights or access rights required for such freeways.
3. Where an existing highway, in whole or in part, has been designated as, or included within, a freeway, existing abutters rights of light, view and air, and easements of access to and from abutting land may be extinguished by gift, purchase, condemnation or otherwise.
4. As a necessary adjunct of any freeway, the department may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, vacate or abandon frontage roads to provide service and access from areas adjacent to such freeway.
Sec. 30. NRS 408.457 is hereby amended to read as follows:
408.457 In addition to amounts otherwise authorized by NRS 408.447 and 408.453, the department shall reimburse the owner of real property acquired for a federal-aid highway project for reasonable and necessary expenses incurred as the result of:
1. Recording fees, title examination charges, escrow fees and similar expenses incidental to conveying such property;
2. Penalty costs for prepayment of any mortgage or deed of trust encumbrancing such real property if such mortgage or deed of trust was entered into in good faith and is on record or has been filed for record in accordance with chapter 247 of NRS on the date when the [board] director gives final approval of the location of such highway project.
3. Any increased interest costs which such displaced person is required to pay for financing the acquisition of a comparable replacement dwelling. Such amount [shall] must be paid only if the dwelling acquired by the department was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located.
4. Reasonable expenses incurred by such displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. Such payment shall be made only to a displaced owner who purchases and occupies such a comparable dwelling within 1 year from the date on which he is required to move from the dwelling acquired for the project.
κ1987 Statutes of Nevada, Page 1810 (CHAPTER 740, SB 73)κ
Sec. 31. NRS 408.497 is hereby amended to read as follows:
408.497 1. Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the department as defined in NRS 408.387, file such claim with the department, verified under oath and containing all particulars regarding such claim. Such claim must be promptly investigated by the director, [who shall recommend its disposition to the board,] and if such claim or any portion thereof is approved by the [board] director it must be paid upon obtaining a written release of the entire claim, out of the state highway fund. The claimant must be given written notice by registered mail of the [boards] directors decision.
2. Any claimant aggrieved by the [boards] directors decision on such claim may commence, in the district court for the county in which the land is situated, within 6 months after receipt of notice of the [boards] decision on such claim, a proceeding in inverse condemnation against the department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such proceeding is not so commenced within such time it is forever barred.
Sec. 32. NRS 408.503 is hereby amended to read as follows:
408.503 1. The department shall not commence any legal action in eminent domain until the [board first adopts a resolution declaring that] the director determines that the public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the state, acting through the department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.
2. The [resolution of the board shall be] determination of the director is conclusive evidence:
(a) Of the public necessity of such proposed public improvement.
(b) That such real property, interests therein or improvements thereon are necessary therefor.
(c) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.
3. All legal actions in all courts brought under the provisions of this chapter to enforce the right of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.
Sec. 33. NRS 408.507 is hereby amended to read as follows:
408.507 1. Real property held in fee or improvements on the property acquired by the department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the payment of excessive damages, or held by the department pending a determination in the future on its use or disposal may be leased or rented by the department for fair market value in such manner and for such periods as are determined by the director to be in the best interests of the state.
κ1987 Statutes of Nevada, Page 1811 (CHAPTER 740, SB 73)κ
of excessive damages, or held by the department pending a determination in the future on its use or disposal may be leased or rented by the department for fair market value in such manner and for such periods as are determined by the director to be in the best interests of the state.
2. The director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner and for such periods as he determines are in the best interest of the state, if:
(a) The full use and safety of the highway will not be impaired;
(b) Vehicular or pedestrian access to that space will not be required or permitted from the established grade line; and
(c) The free flow of traffic on the highway is not interfered with in any way.
3. All leases of an interest in real property entered into by the department before April 1, 1985, are hereby ratified. All other leases entered into pursuant to subsection 2 must be approved by the [board] director subject to the provisions of subsection 4.
4. If the department receives a proposal to negotiate a lease pursuant to subsection 2, it shall publish a notice in a newspaper of general circulation at least once a week for 2 weeks, stating that it has received the proposal and that it will receive other proposals for use of the space for 60 days after the completion of the publication. A copy of the notice must be mailed to each local governmental unit in the affected area. If the property is leased, it must be to the highest bidder for the space. The requirements for publication and notice do not apply if the proposal was received from an owner who controls the property on both sides of the highway.
5. All money received for leases and rentals must be deposited with the state treasurer to be credited to the state highway fund.
Sec. 34. NRS 408.523 is hereby amended to read as follows:
408.523 1. The [board] director may retain or may summarily vacate and abandon any portion of a state highway if that portion has been superseded by relocation or has been determined to be in excess of the needs of the department.
2. The [board] director shall act to abandon any easement, or to vacate any highway, by [resolution.] written notice. A certified copy of the [resolution] notice may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee may be charged for such recordation. Upon recordation, the abandonment or vacation is complete.
3. When a highway for which the state holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto is free from the public easement for highway purposes. Where the state owns in fee the property on which the vacated highway was located, the department shall dispose of that property as provided in NRS 408.533.
κ1987 Statutes of Nevada, Page 1812 (CHAPTER 740, SB 73)κ
4. In any proceeding for the abandonment or vacation of any state highway or part thereof, the [board] director may reserve and except therefrom any easements, rights or interests in the highway deemed desirable and in the best interests of the state.
Sec. 35. 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] department 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.
2. [By resolution of the board, the] 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.] written notice. A certified copy of the [resolution] notice must be filed with the legislative body of the county or city concerned. The [resolution] notice 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, city or division, as the case may be.
4. Nothing in NRS 408.523 limits the power of the [board] department 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.
5. The vesting of all right, title and interest of the department in and to portions of any state highways relinquished previously by the department in the city, county or state agency to which it was relinquished is hereby confirmed.
Sec. 36. NRS 408.533 is hereby amended to read as follows:
408.533 1. All real property, interests therein or improvements thereon and personal property acquired before or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, [after approval by the board, and] if no longer needed for highway purposes, be disposed of by the director in accordance with the provisions of this section, except that:
(a) When the property was originally donated to the state, then no charge may be made if it is returned to the original owner or to the holder of the reversionary right.
(b) When the property has been wholly or partially paid for by towns, cities or counties, then disposal of the property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the department.
κ1987 Statutes of Nevada, Page 1813 (CHAPTER 740, SB 73)κ
(c) When the title to the real property has been acquired in fee under NRS 408.487 and 408.489 and, in the opinion of the [board,] director, a sale by means of public auction or sealed bids is uneconomical or impractical because:
(1) There is no access to the property;
(2) The property has value or an increased value only to a single adjoining property owner; or
(3) Such sale would work an undue hardship upon a property owner either as a result of a severance of the property of that owner or a denial of access to a public highway,
the [board] department may enter into a direct sale of the property with such an owner or someone else for its fair market value.
(d) When the property has been acquired and the proposed purpose for which it was acquired is later abandoned by the department, the department shall give notice of its intention to dispose of the property by publication in a newspaper of general circulation in the county where the property is situated. The notice must include the departments appraisal of the fair market value of the property. Any person from whom the property was purchased may purchase the property from the department within 60 days after the date of the notice at its fair market value.
(e) When the property is sought by another public agency for a reasonable public use, the department may first offer the property to the public agency at its fair market value.
2. All property, interests or improvements not falling within the provisions of subsection 1 must be sold by the department singly or in combination, to the highest bidder bidding for it either at public auction or by sealed bids, the notice of which and terms of which must be published in a newspaper of general circulation in the county where the property is situated. Those auctions and opening of bids must be conducted by the department.
3. It is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of the property, and that the director acted within his lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and the department shall not warrant title, furnish title insurance or pay the tax on transfer of real property.
4. All sums of money received by the department for the sale of real and personal property must be deposited with the state treasurer to be credited to the state highway fund, unless the Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the money obtained by disposal of the property must be paid to the Federal Highway Administration.
5. The department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 5 of NRS 408.489.
κ1987 Statutes of Nevada, Page 1814 (CHAPTER 740, SB 73)κ
this section or exchanged pursuant to subsection 5 of NRS 408.489. Those easements, rights or interests include, but are not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
Sec. 37. NRS 408.537 is hereby amended to read as follows:
408.537 1. Upon receipt of an application for consent to close a public road on public land, the department shall give written notice of the application to the planning agencies of the local governments, within 1 week after its receipt of the application.
2. Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the road is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.
3. Each planning agency shall notify the public and every person known to have a vested private right of way over the road for the purpose of grazing, mining or any other purpose for which such a private right vests, by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located and by mailing to the last known address of each private user of the road. The notice must be published at least 20 days before the date set for the hearing and set forth the location of the road and the purpose for closing it as stated in the application. The cost of publishing the notice must be borne by the United States or by someone in its behalf.
4. The planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the department within 15 days after the conclusion of its hearing on the application.
5. The application must contain such information and supporting documents as are prescribed in regulations adopted by the department . [with the approval of the board.]
Sec. 38. NRS 408.543 is hereby amended to read as follows:
408.543 [1.] The department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency. The department shall give notice of its hearing as required by law. At its hearing the department shall receive any testimony pertaining to any use of the road which is not repetitive and shall consider the written recommendation of the planning agency.
[2. The department shall deliver its written recommendation on the application, including the reasons for its recommendation, to the board within 15 days after the conclusion of its hearing on the application.]
Sec. 39. NRS 408.547 is hereby amended to read as follows:
408.547 1. The [board] director in deciding whether to grant or deny the consent of the state to close a public road on public land shall:
(a) Balance the interests of the Federal Government and the state; and
κ1987 Statutes of Nevada, Page 1815 (CHAPTER 740, SB 73)κ
(b) Not apply standards or impose conditions respecting the closure of a public road which are more restrictive than those generally applicable to other persons or governmental agencies in this state.
2. In granting the consent of the state the [board] director shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in NRS 328.085, except subsection 3 of that section.
3. Consent to such a closure or the extinguishing of a public use does not constitute consent to extinguish a private use, and the states consent is contingent on compensation by the Federal Government for the loss of a vested private right of way.
4. [Any recommendation of the department which is not acted on by the board within 30 days after it receives the application and which is not in conflict with the requirements of this section is automatically approved unless the board in a writing which is attached to the application and recommendations defers the decision for a good cause.
5.] The consent of the [board] director to close a public road on public land must be evidenced by a certificate signed by the [chairman of the board and attested to by its secretary,] director, and delivered to the United States.
Sec. 40. NRS 706.516 is hereby amended to read as follows:
706.516 1. A common, contract or private carrier who operates vehicles in this state shall pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at a rate of [3.25] 4.25 cents per mile traveled in that period.
2. In addition to the fee per mile set forth in subsection 1, each applicant must pay to the department an administrative fee of $8 for each motor vehicle qualified to operate in Nevada under this section. The fee is nonrefundable. The department shall issue an identifying device for each such vehicle.
Sec. 41. NRS 706.856 is hereby amended to read as follows:
706.856 1. The owner or operator of a motor vehicle coming within the provisions of NRS 706.801 to 706.861, inclusive, may, in lieu of registering it pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a temporary registration upon payment of a fee of [$12,] $20, which is in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive,
2. Except as otherwise provided in subsection 6, a temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person exercising this option shall purchase the license at the first available vendor in the State of Nevada. The operator of a motor vehicle obtaining a temporary registration from a vendor elects this option by virtue of the purchase. Any 48-hour period for which a temporary registration was not purchased must be billed for 48-hour temporary registration on an audit until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.
4. Every person electing to pay fees on such a temporary basis shall keep a written record of every trip made into or through this state and each temporary registration so purchased.
κ1987 Statutes of Nevada, Page 1816 (CHAPTER 740, SB 73)κ
temporary registration so purchased. The record must be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department may allow credit for the period for which temporary registrations were purchased if the applicant applies and prorates his vehicle registration.
6. The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.
7. As a condition for exercising the privilege of reciprocity under the provisions of NRS 482.390, the department may:
(a) Require the operator of motor vehicles eligible for reciprocity to file annually an application listing the motor vehicles to be operated in this state;
(b) Issue identifying devices for motor vehicles so listed;
(c) Collect an administrative fee of $4 per motor vehicle identified; and
(d) Collect the fee for temporary registration from the owner or operator of motor vehicles not so identified.
Sec. 42. 1. All additional revenue resulting from the increases in fees and taxes provided in sections 1 to 41, inclusive, of this act, must be used for the actual construction and maintenance of highways, roads and streets in this state, exclusive of administrative expenses, salaries for employees and purchases of new facilities and equipment.
2. A county is not eligible for any additional revenue resulting from the increases in fees and taxes provided in sections 1 to 41, inclusive, of this act, until that county has levied an additional tax on motor vehicle fuel pursuant to NRS 373.030. If the county has levied a tax of at least 1 cent per gallon, it is eligible for 25 percent of the additional revenue. If the county has levied a tax of at least 2 cents per gallon, it is eligible for 50 percent of the additional revenue. If the county has levied a tax of at least 3 cents per gallon, it is eligible for 75 percent of the additional revenue. If the county has levied a tax of 4 cents per gallon, it is eligible for 100 percent of the additional revenue.
Sec. 43. Section 3 of Senate Bill No. 72 of this session is hereby amended to read as follows:
Sec. 3. 1. The members of the committee shall meet at the call of the chairman or a majority of the committee.
2. The committee shall:
(a) Review and evaluate the need and sources of revenue for the construction and maintenance of highways in Nevada;
(b) Review and evaluate the operations and activities of the department of transportation relating to the construction and maintenance of highways; and
[(b)] (c) Submit a report of its findings and any recommended legislation to the legislature at the beginning of each regular session.
κ1987 Statutes of Nevada, Page 1817 (CHAPTER 740, SB 73)κ
Sec. 44. The department of transportation shall contract with consulting firms, the Federal Highway Administration, the Asphalt Institute or other appropriate institutions for a comprehensive review of its:
1. Practices for managing construction;
2. Procedures for testing and inspection;
3. Plans and specifications; and
4. Use of the latest technology, such as computer-aided design and engineering work stations.
The department shall submit a report of the comprehensive review to the director of the legislative counsel bureau on or before January 30, 1989. The director shall submit the report to the 65th session of the legislature. The advisory committee on highways shall monitor and assist in the review and evaluate the results of the study and the operation of the department.
Sec. 45. NRS 408.035, 408.105, 408.117, 408.120, 408.130 and 408.135 are hereby repealed.
Sec. 46. The legislative counsel shall, in preparing the supplement to the 1987 statutes, correct all reference to the board of directors of the department of transportation which were not amended by this act or were further amended by another act.
Sec. 47. 1. This section and sections 3.5, 4, 6, 7.5, 9.5, 9.7, 10 to 34, inclusive, 36 to 40, inclusive, 42, 44, 45 and 46 of this act become effective on July 1, 1987.
2. Sections 8, 35 and 43 of this act become effective at 12:01 a.m. on July 1, 1987.
3. Sections 1, 3, 5, 7, 7.7, 9 and 41 of this act become effective on July 1, 1988.
________
Senate Bill No. 298Committee on Human Resources and Facilities
CHAPTER 741
AN ACT relating to pharmacy; making various changes relating to the members of the state board of pharmacy; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.030 is hereby amended to read as follows:
639.030 1. The governor shall appoint:
(a) Five members who are registered pharmacists in the State of Nevada, are actively engaged in the practice of pharmacy in the State of Nevada and have had at least 5 years experience as registered pharmacists preceding [such] the appointment.
(b) One member who is a representative of the general public.
κ1987 Statutes of Nevada, Page 1818 (CHAPTER 741, SB 298)κ
2. Not more than two members who are registered pharmacists may be appointed from any one county.
3. Appointments of registered pharmacists [shall] must be representative of community practice and hospital practice of pharmacy.
4. Within 30 days after his appointment, each member of the board shall take and subscribe an oath to discharge faithfully and impartially the duties prescribed by this chapter.
[5. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.]
Sec. 2. NRS 639.040 is hereby amended to read as follows:
639.040 1. The board shall elect a president, a secretary [,] and a treasurer.
2. The secretary [may or] may not be a member of the board . [, as the board in its sound discretion determines.] The secretary shall keep a complete record of all proceedings of the board and of all certificates issued, and shall perform such other duties as the board may from time to time require, for which services he [shall] is entitled to receive a salary to be determined by the board. The secretary [shall] is entitled to receive his necessary expenses [in attending formal meetings] while engaged in the business of the board, [the same] to be paid from [the funds of] money received by the board.
3. The secretary and the treasurer shall each give a satisfactory bond running to the board in the sum of not less than $2,000, and such a greater sum as the board may from time to time require, for the faithful discharge of their respective duties. The premium or costs of such bonds [shall] must be paid out of [the funds of] money received by the board.
________
Assembly Bill No. 736Assemblymen Jeffrey, Sedway, May, Price, Fay, Myrna Williams, Spinello, Wisdom, Porter, Nevin, Sader, Thompson, Adler, Kissam, Lambert, Craddock and Haller
CHAPTER 742
AN ACT relating to community antenna television systems; prohibiting a landlord from denying a tenant access to this service; prohibiting a landlord from charging for this access except under certain circumstances; prohibiting the offering of certain incentives; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A landlord shall not:
κ1987 Statutes of Nevada, Page 1819 (CHAPTER 742, AB 736)κ
(a) Interfere with the receipt of service by a tenant from a community antenna television company or discriminate against a tenant for receiving such a companys service.
(b) Except as otherwise provided in subsection 3, demand or accept payment of any fee, charge or valuable consideration from a community antenna television company or a tenant in exchange for granting access to the community antenna television company to provide its services to the tenant.
2. A community antenna television company which desires to provide such services to a tenant shall give 30 days written notice of that desire to the landlord before the company takes any action to provide that service. Before authorizing the receipt of such service a landlord may:
(a) Take such reasonable steps as are necessary to ensure that the safety, function and appearance of the premises and the convenience and safety of persons on the property are not adversely affected by the installation, construction, operation or maintenance of the facilities necessary to provide the service, and is entitled to be reimbursed by the community antenna television company for the reasonable expenses incurred;
(b) Require that the cost of the installation, construction, operation, maintenance or removal of the necessary facilities be borne by the community antenna television company; and
(c) Require the community antenna television company to provide evidence that the company will indemnify the landlord for any damage caused by the installation, construction, operation, maintenance or removal of the facilities.
3. A landlord is entitled to receive reasonable compensation for any direct adverse economic effect resulting from granting access to a community antenna television company. There is a rebuttable presumption that the direct adverse economic effect resulting from granting access to the real property of the landlord is $1,000 or $1 for each dwelling unit thereon, whichever sum is greater. If a landlord intends to require the payment of such compensation in an amount exceeding that sum, the landlord shall notify the community antenna television company in writing of that intention. If the company does not receive such a notice within 20 days after the landlord is notified by the company that a tenant has requested the company to provide its services to the tenant on the landlords premises, the landlord may not require compensation for access to that tenants dwelling unit in an amount exceeding $1,000. If within 30 days after receiving a landlords request for compensation in an amount exceeding $1,000, the company has not agreed to pay the requested amount or an amount mutually acceptable to the company and the landlord, the landlord may petition a court of competent jurisdiction to set a reasonable amount of compensation for the damage of or taking of his real property. Such an action must be filed within 6 months after the date the company completes construction.
4. In establishing the amount which will constitute reasonable compensation for any damage or taking by a landlord in excess of the sum established by rebuttable presumption pursuant to subsection 3, the court shall consider:
κ1987 Statutes of Nevada, Page 1820 (CHAPTER 742, AB 736)κ
established by rebuttable presumption pursuant to subsection 3, the court shall consider:
(a) The extent to which the community antenna television companys facilities physically occupy the premises;
(b) The actual long-term damage which the companys facilities may cause to the premises;
(c) The extent to which the companys facilities would interfere with the normal use and enjoyment of the premises; and
(d) The diminution or enhancement in value of the premises resulting from the availability of the service.
The court may also award to the prevailing party reasonable attorneys fees.
5. The companys right to construct, install or repair its facilities and maintain its services within and upon the landlords premises is not affected or impaired because the landlord requests compensation in an amount exceeding the sum established by rebuttable presumption pursuant to subsection 3, or files an action to assert a specific claim against the company.
6. A community antenna television company shall not offer a special discount or other benefit to a particular group of tenants as an incentive to request the companys services, unless the same discount or benefit is offered generally in the county.
7. The community antenna television company and the landlord shall negotiate in good faith for the purchase of the landlords existing cable facilities rather than for the construction of new facilities on the premises.
8. As used in this section, landlord means an owner of real property, or his authorized representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration. The term includes, without limitation, the lessor of a mobile home lot and the lessor or operator of a mobile home park.
Sec. 2. This act expires by limitation on July 1, 1989.
________
Senate Bill No. 165Committee on Finance
CHAPTER 743
AN ACT relating to occupational education; requiring the Interim Finance Committee to conduct an interim study to determine appropriate methods of funding occupational education in Nevada; making an appropriation; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Interim Finance Committee shall conduct an interim study to determine appropriate methods of funding occupational education in Nevada.
κ1987 Statutes of Nevada, Page 1821 (CHAPTER 743, SB 165)κ
2. The Interim Finance Committee shall appoint a study subcommittee consisting of nine members to include:
(a) Three members of the Interim Finance Committee who were members of the Assembly of the 64th Session;
(b) Three members of the Interim Finance Committee who were members of the Senate of the 64th Session; and
(c) Three persons who are experts in occupational education or possess knowledge of the system of public instruction in Nevada, and who were not members of the Assembly or Senate of the 64th Session.
3. The chairman of the Interim Finance Committee shall designate one of the members as chairman of the subcommittee.
4. The Director of the Legislative Counsel Bureau shall provide the necessary professional staff and a secretary for the subcommittee.
5. The members of the subcommittee who are members of the Interim Finance Committee are entitled to receive a salary for each day or portion of a day of attendance at a meeting of the subcommittee in an amount equal to the salary established for the members of the Legislative Commission and the travel expenses and per diem allowance provided by law for members of the standing committees of the Legislature. The members of the subcommittee who are not members of the Interim Finance Committee are entitled to receive the travel expenses and per diem allowance provided by law for state officers and employees generally.
6. The subcommittee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in occupational education an opportunity to present relevant information and recommendations.
7. The subcommittee may accept and use any gifts and grants which it receives to further its work.
8. The subcommittee shall submit to the Interim Finance Committee a report of its findings and recommendations for legislation before the commencement of the 65th Session of the Legislature.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Interim Finance Committee the sum of $16,000 for the payment of the salaries and travel and per diem expenses of the subcommittee pursuant to this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 1988, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act expires by limitation on January 1, 1989.
________
κ1987 Statutes of Nevada, Page 1822κ
Senate Bill No. 533Committee on Finance
CHAPTER 744
AN ACT making an appropriation to White Pine County from the reserve fund for supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved June 25, 1987]
whereas, White Pine County has suffered a substantial decline in employment opportunities and a decrease in population in recent years; and
whereas, The county has experienced unforeseen and uncontrollable increases in expenses related to liability insurance, medical care of indigent persons, judicial proceedings and removal of asbestos from county buildings; and
whereas, The county has taken all available steps in recent years to increase revenue and better manage its financial affairs including:
1. Utilizing short-term financing for purchases of public safety capital equipment and general government capital equipment;
2. Creation of a hospital district and the levying of a tax for its support;
3. Levying the local fuel tax to its maximum permitted level; and
4. Levying an additional 1/4 cents local sales tax; and
whereas, The county has taken all possible steps to control and reduce expenses including:
1. Reducing the overall employment level of the county government;
2. Not granting a general employee salary increase for 5 years;
3. Holding the level of increase for supplies and services to a minimum; and
4. Eliminating all but essential capital expenditures; and
whereas, In spite of all of the actions taken by the county to increase revenues, better manage its financial affairs and reduce expenses, the county faces an anticipated revenue shortfall of $210,000; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to White Pine County the sum of $100,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 1823κ
Assembly Bill No. 596Committee on Government Affairs
CHAPTER 745
AN ACT relating to programs for public employees; extending the authority of the committee established to administer the public employees deferred compensation program; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.270 is hereby amended to read as follows:
287.270 Deferred compensation means income which a state employee or employee of the University of Nevada System may legally set aside under 26 U.S.C. § 401(k) , 403(b) or 457 and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 2. NRS 287.320 is hereby amended to read as follows:
287.320 1. The state may agree with any of its employees, and the board of regents of the University of Nevada System may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the committee and as authorized by 26 U.S.C. § 401(k) , 403(b) or 457. The board of regents may agree with any of its employees to defer the compensation due to them as authorized by 26 U.S.C. § 403(b), without submitting the program to the committee for its approval.
2. The employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the employer to defer.
3. The employer may invest the withheld money in any investment approved by the committee [.] or, in the case of deferred compensation under 26 U.S.C. § 403(b) for employees of the University of Nevada System, by the board of regents.
4. The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
5. All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights remain solely the property and rights of the state or the University of Nevada System, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries. This subsection does not apply to any part of the program for which the property and rights may be, according to federal law, vested with the employee without loss of the tax benefit of the deferral.
Sec. 3. NRS 287.340 is hereby amended to read as follows:
287.340 1. Deferrals of compensation may be withheld as deductions from the payroll in accordance with the agreement between the employer and a participating employee.
κ1987 Statutes of Nevada, Page 1824 (CHAPTER 745, AB 596)κ
2. The amount of deferred compensation set aside by the employer under the program during any calendar year may not exceed the amount authorized by 26 U.S.C. § 401(k) , 403(b) or 457.
Sec. 4. NRS 287.350 is hereby amended to read as follows:
287.350 1. No program becomes effective and no deferral may be made until the program meets the requirements of 26 U.S.C. § 401(k), 403(b) or 457 for eligibility.
2. Income deferred during a period in which no income tax is imposed by the state or a political subdivision may not be taxed when paid to the employee.
________
Senate Bill No. 596Committee on Finance
CHAPTER 746
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1987, and ending June 30, 1988, and beginning July 1, 1988, and ending June 30, 1989; authorizing the assessment of certain boards for certain costs of the budget division of the department of administration; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1987, and ending June 30, 1988, and beginning July 1, 1988, and ending June 30, 1989, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
1987-88 1988-89
Office of the governor
State Jobs Training and Partnership Act office ................................ $10,152,327........ $10,152,327
Washington office......................................................... 185,000....................................... 185,000
Office of community services................................................ 476,929................................................. 485,749
Community development........................................... 1,506,206.................................... 1,506,583
Community affairs....................................................... 1,228,140.................................... 1,167,404
Weatherization............................................................ 1,394,603.................................... 1,425,743
Energy conservation.................................................. 1,159,906.................................... 1,128,531
Energy assistance....................................................... 4,459,594.................................... 4,604,308
Petroleum rebate account........................................ 16,675,228.................................... 9,858,175
State planning..................................................................... 5,000........................................... 5,000
κ1987 Statutes of Nevada, Page 1825 (CHAPTER 746, SB 596)κ
1987-88 1988-89
State occupational information and coordinating committee ............................................................ 173,340 122,875
High level nuclear waste office............................ 8,257,775......................................................... 8,770,173
Attorney general
Administration........................................................ 2,954,020......................................................... 2,967,312
Special fund............................................................ 175,000............................................................ 175,000
Office of extradition coordinator.......................... 21,000.............................................................. 21,000
Private detectives licensing................................ 121,657............................................................ 117,008
Crime prevention.................................................... 37,314.............................................................. 36,872
Consumers advocate............................................ 686,136............................................................ 686,403
Treasurer.............................................................................. 149,173 155,928
Municipal bond bank revenue............................. 20,258,964....................................................... 21,334,483
Municipal bond bank debt service...................... 20,191,330....................................................... 21,264,845
Silicosis and disabled pension fund................... 5,975,000......................................................... 6,025,000
Department of administration
Budget division...................................................... 57,797.............................................................. 56,273
Hearings division................................................... 910,669............................................................ 927,259
Workmens compensation hearing reserve....... 155,000............................................................ 150,000
Risk management division.................................... 3,254,479......................................................... 3,069,557
Self insurance trust fund....................................... 37,347,787....................................................... 38,429,846
Clerk Creek youth center....................................... 102,200............................................................ 106,900
State employees workers compensation............ 3,526,508......................................................... 4,226,029
Indigent accident account.................................... 1,537,858......................................................... 1,628,805
Supplemental fundindigents.............................. 461,143............................................................ 497,522
Department of personnel................................................... 2,871,493......................................................... 2,911,394
State unemployment compensation.................... 421,591............................................................ 426,078
Cooperative personnel services.......................... 17,128.............................................................. 17,988
Retired employees group insurance.................... 1,203,387......................................................... 1,250,640
Department of general services
Directors office...................................................... 98,569.............................................................. 98,959
State printing office............................................... 2,526,007......................................................... 2,665,811
Records managementmicrographics.......... 197,602............................................................ 189,192
Printing office equipment............................... 132,312............................................................ 213,812
Buildings and grounds division.......................... 4,250,572......................................................... 4,257,678
Telephone......................................................... 1,482,167......................................................... 1,311,746
Mail.................................................................... 1,713,355......................................................... 1,645,179
Motor vehicle operations division............................ 1,355,994......................................................... 1,401,732
Motor vehicle purchase........................................ 416,574............................................................ 356,288
Purchasing division............................................... 1,703,797......................................................... 1,473,645
Food distribution program............................. 909,546............................................................ 836,908
Surplus property administration................... 162,729............................................................ 163,553
κ1987 Statutes of Nevada, Page 1826 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Marlette Lake.......................................................... 119,199................................................ 131,539
Water treatment plant............................................ 191,708................................................ 179,520
Accounting division.............................................. 117,166................................................ 120,171
Stewart facility........................................................ 318,231................................................ 321,154
Deferred compensation committee................................... 3,000.................................................... 3,000
Department of tourism and economic development
Tourism division.................................................... 3,937,263............................................. 3,977,218
Nevada magazine............................................. 1,466,482............................................. 1,557,066
Film division..................................................... 246,886................................................ 242,689
Department of taxation....................................................... 524,986................................................ 538,808
Public work-inspection...................................................... 592,470................................................ 604,517
Department of data processing
Division of systems and programming............... 3,657,803............................................. 3,644,282
Division of facilities management................. 3,411,004............................................. 3,387,164
Facilities purchasing....................................... 243,111................................................ 373,424
Equal employment opportunity commission.................. 366,032................................................ 368,583
Employees management relations board ........................ 1,500.................................................... 1,500
Commissioner for veterens affairs.................................. -0-.................................................. 22,500
Legislative fund
Legal division......................................................... 593,275................................................ 154,225
Committee on high level radioactive waste........ 115,000................................................ 115,000
Court administrator............................................................. 372,217................................................ 377,492
Supreme court..................................................................... 949,110 982,350
Uniform system of judicial records.................................. 382,902................................................ 408,039
Law library........................................................................... 7,500 7,500
Judicial education............................................................... 336,370 381,118
District judges travel......................................................... 20,000.................................................. 20,000
Public defender................................................................... 578,030 575,765
Department of education
Education: State programs.................................... 81,500.................................................. 81,500
School improvements............................................ 2,434,120............................................. 2,369,320
Educational Consolidation and Improvement Act, Chapter IIState programs.................................. 446,940................................................ 443,054
Proficiency testing................................................. 141,793................................................ 130,207
Job Training and Partnership Act....................... 612,268................................................ 586,074
Education for the Handicapped ActTitle VI.... 4,868,068............................................. 4,590,735
κ1987 Statutes of Nevada, Page 1827 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Education Consolidation and Improvement ActChapter I ............................................. 6,632,018 6,631,445
Education Consolidation and Improvement ActChapter IIBlock grants....................................... 2,017,656............................................. 2,019,314
Support services.................................................... 556,951 578,484
Occupational education........................................ 3,957,166............................................. 3,630,721
Child nutrition program......................................... 8,074,181............................................. 8,885,265
Adult basic education........................................... 508,248................................................ 486,997
Drug abuse education........................................... 1,288,350............................................. 1,002,876
Higher education student loan............................ 10,132,105........................................... 12,082,787
Discretionary grants program.............................. 214,509................................................ 218,443
Teacher training for handicapped children........ 115,294................................................ 123,383
EESA-TITLE II........................................................ 272,084 262,112
Commission on postsecondary authorization................ 66,706.................................................. 66,706
University of Nevada System
University enhancements..................................... 2,850,000............................................. 2,850,000
System administration........................................... 69,429.................................................. 69,429
Agriculture experiment station............................. 1,027,532............................................. 1,027,532
Cooperative extension service............................. 1,006,822............................................. 1,006,822
University of Nevada, Reno................................. 7,878,220............................................. 7,955,796
School of medical sciences................................... 1,350,044............................................. 1,437,014
University of Nevada, Las Vegas........................ 8,287,003............................................. 8,550,426
Clark County community college......................... 2,004,850............................................. 2,021,500
Western Nevada community college.................. 549,494................................................ 576,442
Truckee Meadows community college............... 1,464,709............................................. 1,509,659
Northern Nevada community college................. 226,777................................................ 233,544
Radiological/Toxicological safety board............ 179,005................................................ 176,679
W.I.C.H.E. loan fund.......................................................... 521,858................................................ 404,417
Department of museums and history............................... 10,000 -0-
Nevada railroad museum....................................... 180,000................................................ 182,000
Lost City museum.................................................. 48,000 49,500
State museum Las Vegas...................................... 34,000.................................................. 34,000
Nevada state museum........................................... 160,000................................................ 160,000
Nevada council on the arts............................................... 428,377................................................ 428,522
State library.......................................................................... 801,500 881,500
Division of archives and records......................... 31,839.................................................... 7,138
κ1987 Statutes of Nevada, Page 1828 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Department of human resources
Directors office...................................................... 245,675................................................ 245,675
Health resources and cost review....................... 558,889................................................ 579,175
Aging services....................................................... 4,377,227............................................. 4,378,212
Senior services program........................................ 364,338............................................. 1,151,003
Radioactive material disposal............................... 2,513,356............................................. 2,729,286
Northern Nevada childrens home...................... 32,045.................................................. 32,526
Southern Nevada childrens home...................... 31,608.................................................. 32,082
Youth services........................................................ 225,000................................................ 225,000
Child care services bureau.................................... 5,160.................................................... 5,360
Youth alternative placements............................... 166,320................................................ 169,200
Nevada youth training center.............................. 129,976................................................ 130,476
Youth parole........................................................... 15,968.................................................. 16,606
Youth training centerECIAChapters 1 and 2 ................................................ 138,405 140,657
Youth training center farm............................. 8,000.................................................... 8,000
Girls training center................................................ 48,655.................................................. 49,385
Health division
Office of the state health officer.................... 188,443................................................ 165,192
Silicosis program............................................. 23,905.................................................... 5,087
Vital statistics................................................... 93,614................................................ 102,225
Bureau of health facilities............................... 574,752................................................ 566,209
Family planning............................................... 226,564................................................ 233,710
Bureau of laboratory and research............... 417,869................................................ 440,412
Womens, infants and childrens food supplement program ............................................. 6,138,073 6,418,168
Bureau of childrens health services............ 1,449,970............................................. 1,067,215
Special childrens clinic.................................. 212,348................................................ 215,629
Bureau of community health services.......... 532,896................................................ 535,111
Emergency medical services.......................... 77,925.................................................. 78,025
Health aid to counties..................................... 127,300................................................ 128,462
Sexually transmitted disease control............ 368,424................................................ 368,424
Immunization program.................................... 175,000................................................ 175,000
Consumer protection...................................... 739,777................................................ 728,300
T.B. control....................................................... 35,000.................................................. 35,000
Cancer control registry................................... 58,777.................................................. 63,797
κ1987 Statutes of Nevada, Page 1829 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Mental hygiene and mental retardation
Division of mental hygiene and mental retardation ................................................ 185,665 106,297
Nevada mental health institute...................... 2,344,163............................................. 2,033,681
Facility for the mental offender..................... 17,730.................................................. 17,730
Rural clinics...................................................... 1,434,175............................................. 1,464,175
Southern Nevada adult mental health services ............................................. 1,403,491 1,533,078
Southern Nevada child and adolescent services ............................................. 1,000,550 1,695,220
Southern MH/MR food service.................... 516,028................................................ 561,042
Northern Nevada child and adolescent services ................................................ 954,115 1,072,707
Chapter 1Special education project............ 388,336................................................ 426,604
Southern mental retardation services........... 4,963,971............................................. 5,014,536
Northern mental retardation services........... 4,306,033............................................. 4,368,385
Community training centers........................... 531,021................................................ 970,862
Older Americans program.............................. 285,994................................................ 288,180
Resident placement......................................... 2,421,535............................................. 2,645,573
Victims of domestic violence......................... 600,000................................................ 625,000
Welfare division
Administration................................................. 9,644,280............................................. 9,236,020
Child welfare..................................................... 2,234,340............................................. 2,339,285
Food stamp program....................................... 2,313,866............................................. 2,376,876
Aid to dependent children............................. 10,064,391........................................... 11,072,880
State aid to the medically indigent................ 60,027,733........................................... 58,672,624
Homemaking services..................................... 901,338................................................ 986,826
Special welfare grants..................................... 92,823.................................................. 97,011
Child support enforcement............................ 6,088,172............................................. 6,376,119
Public assistance trust.................................... 20,500.................................................. 20,500
Purchase of social services............................ 10,744,039........................................... 10,903,921
Child welfare trust........................................... 619,000................................................ 683,200
Childrens trust account................................. 307,611................................................ 324,198
Refugee program............................................. 709,941................................................ 712,266
Employment and training............................... 507,571................................................ 513,288
κ1987 Statutes of Nevada, Page 1830 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Rehabilitation division
Administration................................................. 833,877................................................ 835,015
Vocational rehabilitation................................ 4,400,521............................................. 4,862,653
Hearing device program................................. 167,665................................................ 147,665
Services to the blind....................................... 1,026,255............................................. 1,132,233
Business enterprise contingency fund........ 850,542................................................ 916,379
Rehabilitation facilities................................... 421,367................................................ 400,656
Alcoholism and drug rehabilitation.............. 2,987,556............................................. 2,837,001
Alcohol tax program........................................ 630,023................................................ 645,749
Bureau of disability adjudication.................. 3,222,081............................................. 3,295,396
Disability hearings unit.................................. 131,854................................................ 134,498
Developmental disabilities............................. 300,000................................................ 300,000
Department of the military
Departmental........................................................... 1,108,545............................................. 1,039,819
Adjutant generals construction fund................ 262,434................................................ 258,000
Division of emergency management................... 166,068................................................ 170,482
Emergency management federal grants....... 402,809................................................ 418,823
Emergency management assistance program ................................................ 432,000 438,343
Nevada state prison
Office of the director.............................................. 226,250................................................ 141,250
Medical care............................................................ 15,000.................................................. 20,000
Prison industries.................................................... 1,364,049............................................. 1,594,794
Prison warehouse account................................... 2,500,000............................................. 2,500,000
Nevada state prison............................................... 365,824................................................ 367,578
Northern Nevada correctional center.................. 303,751................................................ 312,610
Southern Nevada correctional center................. 55,149.................................................. 55,210
Reno correctional facility...................................... 12,354.................................................. 15,510
Southern desert correctional center.................... 57,236.................................................. 57,085
Nevada womens correctional center.................. 38,439.................................................. 37,909
Offenders store fund............................................ 2,367,556............................................. 2,609,994
Northern conservation camp................................ 15,156.................................................. 15,914
Pioche conservation camp.................................... 120....................................................... 126
Southern desert conservation camp................... 495....................................................... 495
Wells conservation camp..................................... 210....................................................... 221
κ1987 Statutes of Nevada, Page 1831 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Humboldt conservation camp.............................. 200....................................................... 210
Ely conservation camp.......................................... 210....................................................... 227
Southern conservation camp............................... 153....................................................... 210
Western conservation camp................................ -0-....................................................... 200
Ruby conservation camp...................................... 67....................................................... 200
Northern restitution center................................... 213....................................................... 274
Southern restitution center................................... 213....................................................... 274
Prison dairy............................................................. 590,000................................................ 548,682
Parole and probation.......................................................... 708,287................................................ 857,094
Department of commerce
Directors office...................................................... 37,000.................................................. 37,000
Manufactured housing division.......................... 375,686................................................ 380,584
Mobile home parks................................................ 90,873.................................................. 84,635
Manufactured housing education and recovery ................................................ 148,966 30,000
Division of financial institutions......................... 52,550.................................................. 53,050
Financial institutions investigations............ 75,000.................................................. 75,000
Mortgage company license fee..................... 100,000................................................ 100,000
Insurance division................................................. 329,500................................................ 349,500
Insurance fraud section.................................. 278,884................................................ 280,446
Medical screening panel................................ 77,697.................................................. 80,880
National association of insurance commissioners .................................................. 21,000 22,000
Prepaid funeral and cemetery fund............... 2,541.................................................... 2,541
Self-insuranceworkers compensation........ 101,480................................................ 103,471
Insurance examiners........................................ 1,749,493............................................. 1,840,892
Insurance recovery fund................................ 40,000.................................................. 40,000
Insolvency fund.............................................. 122,500................................................ 142,500
Insurance education and research................ 159,759................................................ 177,891
Consumer affairs.................................................... 13,439.................................................. 13,439
Consumer affairs restitution.......................... 29,000.................................................. 29,000
Disability and advocacy program........................ 171,809................................................ 174,132
Mentally ill individuals program.......................... 125,000................................................ 125,000
Fire marshal............................................................. 166,100................................................ 196,000
Fire service training............................................... 90,000.................................................. 90,000
Real estate division................................................ 268,500................................................ 268,500
Real estate education and research.............. 214,370................................................ 212,775
Real estate recovery........................................ 251,048................................................ 200,000
κ1987 Statutes of Nevada, Page 1832 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Real estate investigative fund....................... 20,000.................................................. 20,000
Unclaimed property section................................. 173,727................................................ 120,483
Housing division.................................................... 2,558,563............................................. 2,408,731
Gaming control board......................................................... 1,846,347............................................. 1,846,347
Gaming control board investigative fund....................... 3,232,000............................................. 3,232,000
Racing commission............................................................. 12,438.................................................. 12,595
Dairy commission............................................................... 667,590 639,672
Public service commission................................................ 5,073,439............................................. 4,880,821
Department of industrial relations.................................... 1,261,250............................................. 1,246,108
Division of occupational safety and health....... 2,114,346............................................. 2,179,711
Division of mine inspection.................................. 355,825................................................ 360,577
Mine inspection federal grant.............................. 50,000.................................................. 45,000
Taxicab authority................................................................ 1,494,578 1,649,403
Colorado River commission.............................................. 748,949................................................ 725,981
Power and water fund............................................ 156,732.................................................. 57,232
Water treatment facility......................................... 19,069,300........................................... 20,166,230
Federal pumping and transmission facility........ 29,201,500........................................... 30,251,500
Research and development.................................. 90,958.................................................. 57,983
Fort Mohave development fund.......................... 6,134,450............................................. 5,703,626
Power marketing fund............................................ 30,065,000........................................... 30,130,000
Department of conservation and natural resources
Environmental protection..................................... 1,591,683............................................. 1,620,165
Environmental commission................................... 4,500.................................................... 4,500
Division of state lands.......................................... 5,000.................................................... 5,000
Commission on Tahoe land acquisition............. -0-................................................ 661,225
Division of water resources.................................. 5,000.................................................... 5,000
Division of historic preservation and archeology ................................................ 273,781 274,490
Division of state parks.......................................... 1,512,500............................................. 1,517,500
State park planning and development.......... 391,639................................................ 381,573
Division of forestry................................................ 547,996................................................ 556,046
Forestry intergovernmental agreement........ 1,211,834............................................. 1,242,312
Rural fire departments..................................... 10,000.................................................. 10,000
Forestry honor camp....................................... 282,986................................................ 313,366
Forestry nurseries........................................... 210,475................................................ 210,294
Forest fire suppression................................... 400,000................................................ 400,000
Heil wild horse bequest......................................... 1,180,000............................................. 1,105,556
Carey Act trust fund.............................................. 25,765.................................................. 32,665
κ1987 Statutes of Nevada, Page 1833 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Conservation districts........................................... 250....................................................... 250
Nevada Tahoe regional planning........................ 18,800.................................................. 25,800
Department of minerals...................................................... 581,140................................................ 496,035
Department of wildlife........................................................ 10,856,519........................................... 11,266,316
Boat program.......................................................... 1,067,078................................................ 951,215
Department of agriculture
Plant industry fund................................................ 132,295................................................ 132,262
Apiary inspection fund......................................... 27,711.................................................. 28,054
Agriculture registration and enforcement fund. 501,287................................................ 513,024
Livestock inspection fund.................................... 1,000,168................................................ 872,689
Grading and certification of agriculture products ................................................ 106,760 102,571
Insect abatement.................................................... 91,025.................................................. 97,028
Alfalfa seed research............................................. 40,599.................................................. 47,049
Veterinary medical services.................................. 49,950.................................................. 37,450
Rural rehabilitation trust....................................... 81,015.................................................. 89,970
Nevada beef council........................................................... 448,030................................................ 454,880
Predatory animal and rodent control............................... 30,000.................................................. 30,000
Sheep commission.............................................................. 39,938 39,938
Woolgrowers predatory animal control.......................... 78,636.................................................. 58,713
Grazing boards.................................................................... 54,728 54,728
Department of transportation........................................... 240,430,440......................................... 234,774,804
Department of motor vehicles
Directors office...................................................... 58,000.................................................. 58,000
Record search program......................................... 1,947,500............................................. 2,090,800
Drivers license....................................................... 343,000................................................ 354,500
Automation division.............................................. 133,685................................................ 134,948
Investigation division........................................... 749,891................................................ 839,303
Highway patrol....................................................... 326,470................................................ 316,968
Highway patrol special fund................................ 6,492,584............................................. 6,468,555
Highway patrol communication section............. 813,189................................................ 783,795
Motor vehicle pollution control........................... 2,632,646............................................. 2,867,457
Criminal history repository................................... 557,084................................................ 556,132
Peace officers standards and training............... 227,970................................................ 228,567
Traffic safety........................................................... 350,279................................................ 352,631
Registration division............................................. 220,000................................................ 228,000
Traffic safetyfederal grants................................ 951,000................................................ 950,750
Justice assistance act............................................ 1,956,500............................................. 1,956,500
Verification of insurance....................................... 207,000................................................ 205,259
Public employees retirement fund................................... 1,920,426............................................. 1,966,914
State industrial insurance system.................................... 25,383,645........................................... 27,801,447
Rehabilitation center.............................................. 5,446,007............................................. 5,622,302
Industrial attorney.............................................................. 534,885 536,147
κ1987 Statutes of Nevada, Page 1834 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Employment security department..................................... 20,058,232........................................... 20,341,655
Employment security fund.................................... 500,000................................................ 550,000
Old-age survivors insurance administration...... 15,000.................................................. 17,500
Victims of crime................................................................... 1,171,240 1,202,886
Consolidated bond interest and redemption.................. 10,367,177........................................... 10,343,040
Rural housing...................................................................... 295,440 301,148
Mining cooperative fund................................................... 25,000.................................................. 25,000
Professional and vocational boards
Board of accountancy........................................... 279,950................................................ 295,550
Board of architecture............................................. 154,500................................................ 154,500
Board of landscape architects.............................. 18,700.................................................. 18,700
Barbers health and sanitation board.................. 19,000.................................................. 19,000
Board of chiropractic examiners........................... 54,450.................................................. 55,950
Contractors board................................................. 1,278,500............................................. 1,278,500
Board of cosmetology........................................... 221,000................................................ 221,000
Board of dental examiners..................................... 199,678................................................ 209,663
Board of registered professional engineers....... 213,760................................................ 223,100
Board of funeral directors and embalmers.......... 6,700.................................................... 6,700
Board of hearing aid specialists........................... 1,700.................................................... 1,700
Board of nursing home administrators............... 2,500.................................................... 2,500
Liquefied petroleum gas board............................ 43,380.................................................. 43,380
Board of audiologists and speach pathologists........................... .................................................... 5,500 6,000
Board of medical examiners.................................. 465,958................................................ 510,553
Board of marriage and family counselors........... 65,000.................................................. 65,000
Board of nursing.................................................... 314,500................................................ 325,350
Board of dispensing opticians............................. 9,500.................................................... 9,500
Board of homeopathic medical examiners.......... 5,000.................................................... 5,000
Board of optometry................................................ 27,000.................................................. 27,000
Board of osteopathic medicine............................ 24,000.................................................. 24,000
Board of naturopathic healing............................. 5,000.................................................... 5,000
Board of pharmacy................................................. 353,439................................................ 367,839
Board of physical therapy examiners.................. 9,350.................................................... 9,350
Board of certified shorthand reporters............... 10,000.................................................. 10,000
Board of Oriental medicine................................... 11,212.................................................. 11,212
κ1987 Statutes of Nevada, Page 1835 (CHAPTER 746, SB 596)κ
1987-88 1988-89
Board of podiatry................................................... 6,235.................................................... 6,235
Board of psychological examiners....................... 10,000.................................................. 10,000
Board of examiners in veterinary medicine......... 51,800.................................................. 51,800
Sec. 2. 1. Expenditure of $13,598,476 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1987, and ending June 30, 1988.
2. Expenditure of $13,773,041 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1988, and ending June 30, 1989.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act (except the legislative fund and judicial agencies) must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as provided in subsection 2 and limited by section 5, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization wherever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
κ1987 Statutes of Nevada, Page 1836 (CHAPTER 746, SB 596)κ
decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University of Nevada System may expend any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
1987-88 1988-89
University of Nevada, Reno................................. 6,590,220............................................. 6,632,996
University of Nevada, Las Vegas........................ 7,561,003............................................. 7,824,426
Clark County community college......................... 1,759,850............................................. 1,776,500
Western Nevada community college.................. 541,762................................................ 568,710
Truckee Meadows community college............... 1,403,273............................................. 1,448,223
Northern Nevada community college................. 214,004................................................ 220,771
School of medical sciences................................... 980,684............................................. 1,067,654
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the chief of the budget division of the department of administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. 1. Notwithstanding the provisions of Senate Bill No. 23 of this session, the sums authorized for expenditure in section 1 for school improvements by the department of education must be transferred from the estate tax account in the state general fund before any money is transferred to the trust fund for the education of pupils.
2. The sums authorized for school improvements must be apportioned by the department of education on a per pupil basis in the same manner as money in the state distributive school account is apportioned.
3. A school district shall not use any money allocated to it from the money apportioned for school improvements by section 1 of this act to increase the schedule of salaries or benefits of its employees and none of the money so allocated may be considered in any determination of financial ability to grant monetary benefits made pursuant to chapter 288 of NRS.
Sec. 9. The sums authorized for expenditures in section 1 for University enhancements are authorized to be expended from the University of Nevada System Endowment Fund.
Sec. 10. 1. The chief of the budget division of the department of administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the budget division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program, and budget provisions of NRS 353.150 to 353.245, inclusive, Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the legislature.
κ1987 Statutes of Nevada, Page 1837 (CHAPTER 746, SB 596)κ
monitoring compliance by such boards with the allotment, transfer, work program, and budget provisions of NRS 353.150 to 353.245, inclusive, Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the legislature.
2. The assessments must be paid by September 1 of each year.
________
Assembly Bill No. 893Committee on Ways and Means
CHAPTER 747
AN ACT making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1987, and ending June 30, 1988, and beginning July 1, 1988, and ending June 30, 1989; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 49, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1987, and ending June 30, 1988, and beginning July 1, 1988, and ending June 30, 1989.
1987-88 1988-89
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor............ 877,696...................................................... 875,176
For the support of the governors mansion............... 133,721...................................................... 146,817
For the support of the office of the extradition coordinator ...................................................... 379,869 386,262
For the support of general fund agencies out-of-state travel ........................................................ 47,500 47,500
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor 115,288...................................................... 129,258
Sec. 4. The Office of Attorney General
κ1987 Statutes of Nevada, Page 1838 (CHAPTER 747, AB 893)κ
1987-88 1988-89
For the support of the office of attorney general...... 1,875,886................................................... 1,845,356
For the special litigation account of the attorney general ........................................................ 75,000 75,000
For the support of the crime prevention program..... 17,495........................................................ 17,310
Sec. 5. The Office of Secretary of State.
For the support of the office of secretary of state.... 1,002,179................................................... 1,078,064
For the support of the securities division.................. 659,134...................................................... 646,068
Sec. 6. The Office of State Treasurer.
For the support of the office of state treasurer......... 447,787...................................................... 446,655
Sec. 7. The Office of State Controller.
For the support of the office of the state controller. 1,572,188................................................... 1,555,212
Sec. 8. Department of Administration.
For the support of:
Budget division................................................. 704,538...................................................... 808,640
Merit award board............................................. 3,500.......................................................... 3,500
Clear Creek youth center.................................. 112,706...................................................... 105,315
Sec. 9. Department of General Services.
For the support of:
Buildings and grounds division..................... 20,000........................................................ 20,000
Buildings and grounds: Roof repair............... 126,388...................................................... 151,758
Sec. 10. Office of Community Services.
For the support of:
Community development................................. 29,700........................................................ 29,700
Community affairs............................................. 101,412...................................................... 101,852
State planning.................................................... 107,758...................................................... 119,311
Sec. 11. State Public Works Board.
For the support of the state public works board....... 984,685...................................................... 947,936
Sec. 12. Department of Taxation.
For the support of:
Department of taxation..................................... 4,940,218................................................... 5,001,942
Senior Citizens Property Tax Assistance..... 1,333,907................................................... 1,391,705
κ1987 Statutes of Nevada, Page 1839 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Sec. 13. Nevada Commissioner for Veterans Affairs.
For the support of the Nevada commissioner for veterans affairs ...................................................... 234,046 382,886
Sec. 14. Nevada Equal Rights Commission.
For the support of the Nevada equal rights commission ...................................................... 378,038 381,266
Sec. 15. Indian Affairs Commission.
For the support of the Indian affairs commission..... 105,090...................................................... 105,039
Sec. 16. Employment-Management Relations Board.
For the support of the employee-management relations board ........................................................ 85,974 86,067
Sec. 17. Legislative Fund.
For the support of the legislative commission.......... 245,837...................................................... 190,085
For the support of the audit division of the legislative counsel bureau....................................................... 1,203,549................................................... 1,242,399
For the support of the administrative division of the legislative counsel bureau........................................ 1,695,951................................................... 1,655,854
For the support of the legal division of the legislative counsel bureau....................................................... 1,280,307................................................... 1,475,257
For the support of the research division of the legislative counsel bureau....................................................... 660,150...................................................... 643,125
For the support of the fiscal analysis division of the legislative counsel bureau........................................ 514,373...................................................... 516,501
For the support of interim legislative operations...... 130,924........................................................ 71,832
Sec. 18. Supreme Court of Nevada.
For the support of the supreme court of Nevada...... 1,239,242................................................... 1,246,280
For the support of the state board of pardons commissioners ........................................................ 37,149 31,009
κ1987 Statutes of Nevada, Page 1840 (CHAPTER 747, AB 893)κ
1987-88 1988-89
For the support of the law library................................ 371,790...................................................... 375,038
For the support of the commission on judicial selection .......................................................... 5,500 5,500
For the support of the retired justices duty fund.... 30,000........................................................ 30,000
Sec. 19. Commission on Judicial Discipline.
For the support of the commission on judicial discipline ........................................................ 28,420 28,869
Sec. 20. District Judges Travel.
For the support of district judges travel................... 22,000........................................................ 22,000
Sec. 21. District Judges Salaries and Judicial Pensions.
For the support of district judges salaries, board of law library trustees, and pensions of justices, judges and widows ................................................... 2,963,227 2,994,011
Sec. 22. Public Defender.
For the support of the office of public defender....... 341,588...................................................... 343,551
Sec. 23. Commission on Economic Development.
Industrial division.......................................................... 1,930,566................................................... 1,933,028
Film division......................................................... 82,295 80,896
Sec. 24. State Department of Education.
For the support of:
Education, state programs............................... 1,102,909................................................... 1,094,876
Occupational education................................... 421,550...................................................... 424,564
Professional standards commission............... 14,305........................................................ 14,400
Child nutrition.................................................... 324,000...................................................... 324,000
Adult basic education...................................... 5,506.......................................................... 5,506
Care of handicapped children......................... 344,875...................................................... 345,173
Proficiency testing............................................ 4,500.......................................................... 4,500
Discretionary grants......................................... 12,000........................................................ 12,000
Sec. 25. Commission on Postsecondary Institutional Authorization.
For the support of the commission on postsecondary education ........................................................ 83,177 82,550
κ1987 Statutes of Nevada, Page 1841 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Sec. 26. University of Nevada System.
For the support of:
System administration...................................... 1,228,444................................................... 1,262,333
University press................................................ 244,313...................................................... 250,103
Statewide programsUNR............................... 2,790,041................................................... 2,836,989
Intercollegiate athleticsUNR......................... 868,616...................................................... 884,349
Statewide programsUNLV............................. 372,253...................................................... 376,728
Intercollegiate athleticsUNLV....................... 867,124...................................................... 882,218
Agricultural experiment station....................... 3,083,170................................................... 3,146,641
Cooperative extension services...................... 2,648,369................................................... 2,682,446
System computing center................................ 4,521,282................................................... 4,608,907
Desert research institute.................................. 1,240,199................................................... 1,265,231
National direct student loan............................ 30,000........................................................ 30,000
University of Nevada, Reno............................ 31,416,854................................................. 32,094,412
School of medical sciences, UNR................... 6,711,038................................................... 7,037,502
University of Nevada, Las Vegas................... 29,707,770................................................. 31,283,413
Clark County community college.................... 8,951,843................................................... 9,268,152
Western Nevada community college............. 3,319,384................................................... 3,505,983
Truckee Meadows community college.......... 6,319,770................................................... 6,676,114
Northern Nevada community college............ 1,926,665................................................... 2,009,570
Business center, north..................................... 865,433...................................................... 888,976
Business center, south..................................... 737,224...................................................... 755,288
University enhancements................................ 1,777,323................................................... 3,328,501
Sec. 27. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the western interstate commission for higher education ...................................................... 145,371 151,360
For the support of the western interstate commission for higher education loan fund............................... 756,444...................................................... 741,454
κ1987 Statutes of Nevada, Page 1842 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Sec. 28. Department of Museums and History.
For the support of the office of the director.............. 91,301........................................................ 85,295
For the support of the Nevada historical society..... 354,787...................................................... 347,933
For the support of the Nevada state museum, Carson City ...................................................... 578,247 587,300
For the support of the Nevada museum, Las Vegas. 405,306...................................................... 417,846
For the support of the Lost City museum.................. 118,444...................................................... 125,092
For the support of the Nevada railroad museum....... 210,401...................................................... 198,368
Sec. 29. Nevada Council on the Arts.
For the support of the Nevada council on the arts... 216,165...................................................... 218,817
Sec. 30. State Library and Archives.
For the support of the state library and archives...... 1,231,319................................................... 1,286,281
For the support of the division of archives and records ...................................................... 224,740 228,668
Sec. 31. Department of Human Resources.
For the support of:
Office of the director of human resources..... 431,412...................................................... 455,924
Health care evaluation...................................... 191,990...................................................... 194,694
Aging services division................................... 626,569...................................................... 624,937
Senior services program........................ 230,650 494,975
Youth services division................................... 108,676 108,154
Child care services bureau.................. 154,047.......................................... 155,519
Northern Nevada childrens home..... 889,701.......................................... 916,674
Southern Nevada childrens home.... 887,908.......................................... 916,169
Nevada youth training center............. 3,453,165....................................... 3,518,552
Probation subsidies............................. 870,581.......................................... 883,639
κ1987 Statutes of Nevada, Page 1843 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Nevada girls training center................ 1,782,775....................................... 1,828,387
Youth parole.......................................... 691,493.......................................... 717,580
Youth services division alternative placements ....................................... 1,075,904 1,105,336
Health division
Office of state health officer............... 183,467.......................................... 182,133
Vital statistics........................................ 360,748.......................................... 342,351
Bureau of health facilities.................... 243,248.......................................... 263,631
Bureau of laboratory and research.... 776,325.......................................... 750,356
Crippled childrens services............... 2,748,906....................................... 3,207,072
Special childrens clinic....................... 1,316,312....................................... 1,345,341
Bureau of community health services .......................................... 366,915 378,380
Health aid to counties.......................... 904,838.......................................... 936,277
Emergency medical services............... 380,557.......................................... 372,000
Consumer protection........................... 572,317.......................................... 587,709
Tuberculosis control............................ 260,793.......................................... 267,039
Venereal disease control..................... 70,241............................................ 73,213
Cancer control registry........................ 78,499............................................ 78,686
Immunization control........................... 34,596............................................ 42,115
Mental hygiene and mental retardation division
Division administration....................... 694,823.......................................... 684,919
Nevada mental health institute........... 7,156,340....................................... 7,819,771
Facility for the mental offender.......... 1,764,057....................................... 1,779,458
Rural clinics........................................... 2,047,047....................................... 2,027,628
κ1987 Statutes of Nevada, Page 1844 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Southern Nevada adult mental health services ....................................... 8,488,748 9,200,779
Southern Nevada child and adolescent services ....................................... 3,314,552 2,705,958
Northern Nevada child and adolescent services ....................................... 1,596,790 1,509,008
Southern Nevada mental retardation services .......................................... 553,431 557,633
Northern Nevada mental retardation services .......................................... 415,312 421,459
Community training center.................. 1,799,213....................................... 1,521,917
MHMR: Older American programs.... 101,399.......................................... 101,498
Resident placement.............................. 416,595.......................................... 510,332
MHMR: Regional training................... 22,762............................................ 23,103
Chapter 1 - Special education............. -0-.......................................... 104,561
MHMR: Home care.............................. 157,214.......................................... 159,572
Welfare division
Welfare administration........................ 4,675,722....................................... 4,969,221
Assistance to aged and blind............. 2,776,301....................................... 2,908,705
Aid to dependent children.................. 10,023,339..................................... 11,031,828
State aid to the medically indigent..... 42,958,945..................................... 55,561,055
Food stamp program............................ 2,128,245....................................... 2,202,596
Child welfare services.......................... 4,501,014....................................... 5,669,796
Employment and training program..... 284,935.......................................... 289,436
κ1987 Statutes of Nevada, Page 1845 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Rehabilitation division
Vocational rehabilitation..................... 1,024,289....................................... 1,061,965
Financial assistance for physically disabled .......................................... 300,000 300,000
Services to the blind............................ 478,596.......................................... 479,406
Alcohol and drug abuse rehabilitation ....................................... 1,747,534 1,757,229
Committee to hire the handicapped... 149,234.......................................... 147,833
Sec. 32. Department of the Military.
For the support of the department of the military..... 793,262...................................................... 798,794
For the support of National Guard benefits............... 36,000........................................................ 36,000
For the support of the division of emergency management ...................................................... 166,455 170,869
Sec. 33. Department of Prisons.
For the support of the office of director..................... 3,344,717................................................... 3,502,900
For the support of medical care................................... 7,093,453................................................... 7,553,940
For the support of the Nevada state prison............... 7,906,766................................................... 8,548,697
For the support of the Reno correctional facility...... 460,671................................................... 1,169,462
For the support of the northern Nevada correctional center ................................................... 7,112,443 6,852,363
For the support of the southern Nevada correctional center ................................................... 5,559,880 5,497,262
For the support of the Nevada womens correctional center ................................................... 2,086,407 2,123,331
For the support of the Ely maximum security prison 108,070........................................................ 97,659
For the support of the Carson City conservation camp ...................................................... 575,773 591,585
For the support of the Pioche conservation camp.... 637,455...................................................... 642,887
For the support of the Wells conservation camp..... 619,188...................................................... 644,317
κ1987 Statutes of Nevada, Page 1846 (CHAPTER 747, AB 893)κ
1987-88 1988-89
For the support of the Humboldt conservation camp ...................................................... 615,422 635,432
For the support of the Ely conservation camp.......... 617,426...................................................... 643,112
For the support of the Jean conservation camp........ 377,941...................................................... 432,955
For the support of the Ruby Mountain conservation camp ...................................................... 209,381 598,059
For the support of the western Nevada conservation camp ...................................................... 160,300 560,832
For the support of the Indian Springs conservation camp ...................................................... 435,244 438,631
For the support of the northern Nevada restitution center ...................................................... 265,198 260,035
For the support of the southern Nevada restitution center ...................................................... 253,506 242,211
For the support of the southern desert correctional center ................................................... 8,475,263 8,453,069
For the support of the central Nevada conservation camp -0-...................................................... 167,286
For the support of prison industry.............................. 114,222...................................................... 116,975
Sec. 34. Department of Parole and Probation.
For the support of the department of parole and probation ................................................... 8,018,335 8,441,052
Sec. 35. Parole Board.
For the support of the parole board............................ 402,428...................................................... 392,992
Sec. 36. Department of Commerce.
For the support of:
Office of the director......................................... 197,653...................................................... 199,272
Insurance division............................................ 1,184,021................................................... 1,154,415
Fire marshal........................................................ 369,478...................................................... 339,804
Financial institutions division......................... 838,694...................................................... 866,650
Consumer affairs division................................ 345,745...................................................... 351,998
Real estate division........................................... 853,794...................................................... 866,274
Unclaimed property program........................... 146,526...................................................... 139,186
Mentally ill individuals program..................... 64,836........................................................ 66,449
κ1987 Statutes of Nevada, Page 1847 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Sec. 37. Labor Commissioner.
For the support of the labor commissioner................ 523,568...................................................... 540,923
Sec. 38. State Department of Conservation and Natural Resources.
For the support of:
Office of the director......................................... 243,139...................................................... 243,980
State environmental commission.................... 5,400.......................................................... 5,400
Division of conservation districts.................. 42,888........................................................ 44,603
Division of state lands..................................... 308,356...................................................... 314,455
Commission on Tahoe land acquisition........ 118,841 -0-
Division of historic preservation and archeology ...................................................... 106,032 106,490
Division of environmental protection............ 609,133...................................................... 589,306
Division of water resources............................. 1,522,633................................................... 1,576,346
Division of state parks
Park administration..................................... 1,887,592................................................... 1,813,545
Division of forestry
Forestry division......................................... 1,356,795................................................... 1,138,244
Forest fire suppression.............................. 150,000...................................................... 150,000
Forestry honor camps................................ 3,150,974................................................... 3,765,561
Rural fire department aid............................ 10,000........................................................ 10,000
Committee on federal land laws...................... 12,000........................................................ 12,000
Tahoe regional planning agency.................... 351,000...................................................... 351,000
Nevada Tahoe regional planning agency..... 7,000 -0-
Sec. 39. Department of Wildlife.
For the support of the department of wildlife............ 145,000...................................................... 145,000
Sec. 40. Comstock Historic District Commission.
For the support of the Comstock historic district commission ........................................................ 21,722 17,612
κ1987 Statutes of Nevada, Page 1848 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Sec. 41. State Department of Agriculture.
For the support of the plant industry fund................ 1,353,101................................................... 1,375,508
For the support of the veterinary medical services.. 574,764...................................................... 581,830
Sec. 42. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board ........................................................ 20,910 21,505
Sec. 43. State Predatory Animal and Rodent Committee.
For the support of the state predatory animal and rodent committee ...................................................... 352,093 359,348
Sec. 44. High School Rodeo Association.
For the support of the high school rodeo association ........................................................ 12,500 12,500
Sec. 45. Mining Cooperative Fund.
For the support of the mining cooperative fund....... 173,000...................................................... 173,000
Sec. 46. Department of Motor Vehicles and Public Safety.
For the support of the highway patrol (law enforcement) ........................................................ 20,000 20,000
For the support of the investigation division............ 1,914,869................................................... 1,855,463
Sec. 47. Nevada Athletic Commission.
For the support of the Nevada athletic commission. 178,235...................................................... 169,403
Sec. 48. Ethics commission........................................... 31,297........................................................ 33,147
Sec. 49. State climatologist............................................ 7,286.......................................................... 7,398
Sec. 50. The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1987, and ending June 30, 1988, and beginning July 1, 1988, and ending June 30, 1989.
Attorney General: Administrative fund...................... 402,012...................................................... 404,702
Department of taxation.................................................. 375,690...................................................... 382,883
κ1987 Statutes of Nevada, Page 1849 (CHAPTER 747, AB 893)κ
1987-88 1988-89
Department of motor vehicles and public safety
Drivers license.................................................. 2,692,855................................................... 2,759,144
Directors office................................................. 1,184,786................................................... 1,160,936
Administrative services................................... 3,271,820................................................... 3,371,247
Automation........................................................ 2,229,412................................................... 2,109,003
Law enforcement, highway patrol.................. 8,932,536................................................... 8,847,220
Motor carrier...................................................... 1,281,128................................................... 1,257,646
Registration........................................................ 4,445,186................................................... 4,468,907
Office of traffic safety....................................... 31,177........................................................ 33,623
Public service commission............................................ 1,725,027................................................... 1,685,495
Budget division.............................................................. 36,172........................................................ 36,044
Sec. 51. The following sums are hereby appropriated from the wildlife account in the same general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1987, and ending June 30, 1988, and beginning July 1, 1988, and ending June 30, 1989.
For the support of the state predatory animal and rodent committee ........................................................ 20,000 20,000
Sec. 52. 1. Except as provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1987-88 and 1988-89, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the state budget act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 53. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Care of handicapped children;
3. Forest fire suppression;
4. National guard benefits;
κ1987 Statutes of Nevada, Page 1850 (CHAPTER 747, AB 893)κ
5. Tuberculosis control;
6. Crippled childrens services;
7. Child welfare services;
8. Food stamps;
9. Aid to dependent children;
10. Assistance to aged and blind;
11. Welfare medical care services;
12. Attorney generals special litigation account; and
13. Buildings and grounds roof repair,
are available for both fiscal years 1987-88 and 1988-89, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 54. The sums appropriated to the legislative fund by section 17 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1987-88 and 1988-89, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 55. The sums appropriated by section 2 of this act for state agencies out-of-state travel may not be used for public officers and employees whose salaries are paid by the appropriations made to the office of the governor, the office of the lieutenant governor, the office of the state treasurer, the office of the secretary of state, the office of the state controller, or any officers or employees of the judicial or legislative departments. Allocations may be made only to support the out-of-state travel of employees whose salaries are wholly or partially supported by the state general fund.
Sec. 56. The total amounts appropriated in section 31 of this act to each of the accounts of the welfare division enumerated in section 53 of this act, except for the amounts appropriated for the assistance to the aged and blind programs, are limits, and the division shall not request additional money for these programs.
Sec. 57. The sums appropriated to the welfare division by section 31 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 58. The sums appropriated to any division, agency, or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the interim finance committee upon the recommendation of the governor. Such transfers are limited only to those activities which are supported by general fund appropriations.
Sec. 59. The sums appropriated to the department of prisons by section 33 of this act may be transferred among the various budget accounts of the department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
κ1987 Statutes of Nevada, Page 1851 (CHAPTER 747, AB 893)κ
department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 60. In addition to the requirements of NRS 353.225, for the fiscal years 1987-88 and 1988-89, the board of regents of the University of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.
Sec. 61. There is hereby appropriated $11,621 to the public employees retirement board to be expended for the administration of the legislators retirement system for the period July 1, 1987, through June 30, 1989.
Sec. 62. 1. Unencumbered balances of the appropriations made in this act for the fiscal years 1987-88 and 1988-89 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated with the exception of the appropriation made to the Nevada Tahoe regional planning agency in section 38.
2. Any unencumbered balance of the appropriations made to the legislative fund by section 17 do not revert to the state general fund but constitute a balance carried forward.
Sec. 63. If any claims which are payable and properly approved exceed the amount available in the department of prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the chief of the budget division of the department of administration, from the appropriations made in section 33 of this act for the Nevada state prison, northern Nevada correctional center, Nevada womens correctional center and Carson City conservation camp such amount as may be required to pay the claims but not exceeding a total of $400,000.
Sec. 64. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.
Sec. 65. There is hereby appropriated the sum of $830 from the state general fund to the Comstock Historic District Commission for salaries, utilities and operating costs. This appropriation is supplemental to that made by section 40 of chapter 525, Statutes of Nevada 1985.
Sec. 66. There is hereby appropriated the sum of $8,800 from the state general fund to the Commission on Judicial Discipline for salaries, travel and operating expenses. This appropriation is supplemental to that made by section 19 of chapter 525, Statutes of Nevda 1985.
Sec. 67. For accounting purposes, the state controller, shall, when reporting for each fiscal year, the financial position of the state general fund, designate up to $40,000,000, if available, of the unreserved fund balance as designated for stabilizing the budget.
Sec. 68. This section and sections 65, 66 and 67 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 1852κ
Senate Bill No. 178Committee on Commerce and Labor
CHAPTER 748
AN ACT relating to podiatry; making various changes in the provisions relating to the licensing of podiatrists and podiatry hygienists; requiring podiatrists to be trained in the techniques of cardiopulmonary resuscitation; providing additional grounds for discipline; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A graduate of an accredited school of podiatry may, during his residency, internship or preceptorship, be granted a temporary license to practice podiatry under the direct supervision of a licensed podiatrist. A temporary license must not be effective for more than 1 year and is not renewable.
2. An applicant for a temporary license must furnish the board with satisfactory proof that he:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(b) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.
(c) Has passed the examination given by the National Board of Podiatry Examiners.
3. Upon payment of a fee, not exceeding $600, which must be established by regulation of the board, and the presentation of satisfactory proof as required by subsection 2, an applicant is entitled to be examined by the board or a committee thereof under such regulations as the board may adopt.
4. The board may by regulation govern the issuance and conditions of the temporary license.
Sec. 3. 1. In addition to any other remedy provided by law, the board, through its president, secretary-treasurer or the attorney general, may apply to any court of competent jurisdiction:
(a) To enjoin any prohibited act or other conduct of a podiatrist which is harmful to the public;
(b) To enjoin any person who is not licensed under this chapter from practicing podiatry;
(c) To limit the podiatrists practice or suspend his license to practice podiatry; or
(d) To enjoin the use of the title D.P.M. or Podiatrist when not licensed by the board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:
κ1987 Statutes of Nevada, Page 1853 (CHAPTER 748, SB 178)κ
(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for engaging in the practice of podiatry without a license; and
(c) Pending proceedings for disciplinary action by the board.
Sec. 4. Any person who:
1. Presents to the board as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the board;
3. Practices podiatry under a false or assumed name or falsely personates another licensee;
4. Except as otherwise provided by specific statute, practices podiatry without being licensed under this chapter; or
5. Uses the title D.P.M. or Podiatrist when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute,
is guilty of a gross misdemeanor.
Sec. 5. NRS 635.020 is hereby amended to read as follows:
635.020 1. The state board of podiatry, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Four members who are [registered and] licensed podiatrists in the State of Nevada.
(b) One member who is a representative of the general public.
3. The members of the board are entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence, lodging and transportation, while traveling on the business of the board.
4. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
Sec. 6. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person desiring to practice podiatry in this state must furnish the board with satisfactory proof that he:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.
(d) Has completed a residency or an internship which consisted of at least 1 year of practical experience under the direction of a licensed podiatrist.
(e) Has passed the examination given by the National Board of Podiatry Examiners.
2. Upon payment of a fee, not exceeding [$400,] $600, which must be established by regulation of the board, and [making] the presentation of satisfactory proof as required by subsection 1, the applicant is entitled to be examined by the board or a committee thereof under such regulations as the board may adopt.
κ1987 Statutes of Nevada, Page 1854 (CHAPTER 748, SB 178)κ
examined by the board or a committee thereof under such regulations as the board may adopt.
3. The board may reject an application if it appears that the applicants credentials are fraudulent or he has practiced podiatry without a license to do so.
4. The board may require such further documentation or proof of qualification as it may deem proper.
Sec. 7. NRS 635.060 is hereby amended to read as follows:
635.060 1. The board shall hold at least one examination each year to examine applicants under this chapter. The board shall establish the time and place for the examination.
2. The board shall provide such books, blanks and forms as may be necessary to conduct the examination.
3. The examination for [registration] licensure under this chapter must be in the English language, written, oral or clinical, as the board may determine. The examination for podiatrists [must] may include the following subjects: Anesthesia and medications, bacteriology, clinical podiatry, dermatology, diagnosis and treatment, laboratory, neurology, orthopedics, pathology, pharmacology, including pharmacodynamics and materia medica, sterilization and sterile technique, surgery, surgical anatomy, X-ray, and such other subjects pertaining to the treatment of the foot and leg as the board may determine.
4. [An applicant must not be granted a certificate unless he attains a general average on the boards examination of 75 percent or over and not less than 50 percent in any one subject.] The board shall establish by regulation the requirements for passing the examination.
Sec. 8. NRS 635.070 is hereby amended to read as follows:
635.070 Without unnecessary delay after the examination, the board shall act on the examination. If an applicant is found qualified, he must be [registered and licensed] issued a license to practice podiatry, or as a podiatry hygienist, as the case may be . [, and is entitled to receive in testimony thereof a certificate signed by the president and the secretary-treasurer of the board.]
Sec. 8.5. NRS 635.080 is hereby amended to read as follows:
635.080 The board, under its regulations, may admit, without examination and upon payment of a fee, not exceeding [$400,] $600, which must be established by its regulation, a legally qualified practitioner of podiatry who holds a certificate to practice podiatry from any state or territory of the United States or the District of Columbia with [educational] licensing requirements equal to those of the State of Nevada and which extends like privileges to legally qualified practitioners from this state.
Sec. 9. NRS 635.097 is hereby amended to read as follows:
635.097 The holder of a valid and active license [or current renewal certificate] to practice as a podiatry hygienist may be employed as a podiatry hygienist in this state only in the office of a [duly] licensed podiatrist.
Sec. 10. NRS 635.100 is hereby amended to read as follows:
635.100 Every person practicing podiatry or practicing as a podiatry hygienist shall, upon receiving the [certificate] license provided for by this chapter, cause the [same] license to be conspicuously displayed at all times in every office maintained by him or in which he practices in this state.
κ1987 Statutes of Nevada, Page 1855 (CHAPTER 748, SB 178)κ
hygienist shall, upon receiving the [certificate] license provided for by this chapter, cause the [same] license to be conspicuously displayed at all times in every office maintained by him or in which he practices in this state.
Sec. 11. NRS 635.110 is hereby amended to read as follows:
635.110 1. [On or before October 1 in each year, the board shall mail to each person licensed to practice podiatry or licensed as a podiatry hygienist in this state, at the last known office or residence address of the person, a blank form of application for registration. The failure to mail the form or the failure to receive it does not relieve any person of the duty to register and pay the fee required by this section nor exempt him from the penalties provided by this chapter for failure to register.
2. Every person licensed to practice podiatry or licensed as a podiatry hygienist in this state must annually on or before October 31 apply to the board for a certificate of registration for the ensuing year and pay a fee which must be established by regulation of the board. The fee established for the annual registration of a podiatrist must not exceed $200. The fee established for the annual registration of a podiatry hygienist must not exceed $100. The application must be made on the form furnished by the board, and must state:
(a) The applicants full name and his office and residence address.
(b) The date and number of the license issued to him for the practice of podiatry or as a podiatry hygienist in this state.
(c) Such other facts as tend to identify the applicant and his license to practice podiatry or as a podiatry hygienist in this state as the board deems necessary.
3. Upon application therefor and upon submission by the applicant of evidence satisfactory to the board that he is licensed to practice podiatry and has satisfied the requirements for continuing education, or is licensed as a podiatry hygienist in this state, and upon payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate must recite that the person named therein is registered for the year specified. The certificate must contain the name of the person to whom it is issued and the office address and residence address of the person, the date and number of the license issued to him to practice podiatry or as a podiatry hygienist, and such other information as the board deems advisable.] A license issued under the provisions of this chapter expires on October 31 of each year. A license may be renewed before its expiration upon presentation of proof of:
(a) Completion of the hours of continuing education required pursuant to NRS 635.115;
(b) Current certification in the techniques of administering cardiopulmonary resuscitation; and
(c) Payment of a renewal fee in an amount not to exceed $600 for a podiatrist and not to exceed $100 for a podiatry hygienist. The board shall by regulation establish the amount of each fee.
2. A license which is not renewed by October 31 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the board, upon payment of the appropriate annual renewal fee and an additional annual fee for delinquency in an amount established by the board.
κ1987 Statutes of Nevada, Page 1856 (CHAPTER 748, SB 178)κ
board, upon payment of the appropriate annual renewal fee and an additional annual fee for delinquency in an amount established by the board.
Sec. 12. NRS 635.115 is hereby amended to read as follows:
635.115 1. [After October 31, 1980,] Every even-numbered year each podiatrist must, at the time of paying the annual [fee for registration,] renewal fee, present to the [secretary-treasurer] secretary of the board satisfactory evidence that during the preceding 2 years he attended at least 50 hours of instruction in courses approved by the board for purposes of continuing professional education [.] and is currently certified in the techniques of administering cardiopulmonary resuscitation. The board may waive all or part of the requirement of continuing education in a particular year if the podiatrist was prevented from that attendance by circumstances beyond his control.
2. If a podiatrist fails to provide proof of his continuing education and does not obtain a waiver from the board, [the secretary-treasurer shall not renew] his license [.] must not be renewed.
Sec. 13. NRS 635.130 is hereby amended to read as follows:
635.130 1. The board [may revoke any certificate it has issued] , after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:
(a) Refuse to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $1,000.
2. The board may take disciplinary action against a licensee for any of the following causes:
[1.] (a) The making of a false statement in any affidavit required of the applicant for application, examination or [registration] licensure under this chapter.
[2. Lending the use of the holders name to an unregistered person.
3.] (b) Lending the use of the holders name to an unlicensed person.
(c) If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
[4.] (d) Habitual indulgence in the use of alcohol or any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.
[5.] (e) Conviction of a crime involving moral turpitude.
[6.] (f) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
[7.] (g) The commission of fraud by or on behalf of the licensee regarding his license or practice.
[8.] (h) Gross incompetency.
[9.] (i) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.
[10.] (j) False representation by or on behalf of the licensee regarding his practice.
κ1987 Statutes of Nevada, Page 1857 (CHAPTER 748, SB 178)κ
[11.] (k) Unethical or unprofessional conduct.
[12. Willful and]
(l) Willful or repeated violations of this chapter or regulations adopted by the board.
[13.] (m) Willful violation of the regulations adopted by the state board of pharmacy.
Sec. 14. NRS 635.180 is hereby amended to read as follows:
635.180 [Every] Except as otherwise provided in section 4 of this act, every person who practices podiatry or as a podiatry hygienist without having complied with the provisions of this chapter [shall] must be fined not more than [$500] $1,000 for each offense.
Sec. 15. NRS 635.120 and 635.140 are hereby repealed.
Sec. 16. Section 13 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 177Committee on Commerce and Labor
CHAPTER 749
AN ACT relating to the state board of podiatry; prescribing records of the board which are confidential; separating the offices of secretary and treasurer; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The board shall maintain records concerning the applicants to whom licenses have been issued or denied. Each such record must include:
1. The name and address of the applicant;
2. The name of the school which granted a diploma to the applicant and the date on which it was granted; and
3. The date of the issuance or denial of the license.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 635.030 is hereby amended to read as follows:
635.030 1. The board shall elect [one of its members president, one vice president and one secretary-treasurer.] from among its members a president, a vice president, a secretary and a treasurer. The members may assign the duties of the treasurer and the secretary to one person who must be designated the secretary-treasurer.
2. The board shall adopt regulations to carry out the provisions of this chapter.
3. The board shall not incur any expenses which exceed the money received from time to time as fees provided by law.
κ1987 Statutes of Nevada, Page 1858 (CHAPTER 749, SB 177)κ
4. The board shall keep and preserve a complete record of all its transactions.
5. The board may adopt a seal of which any court of this state may take judicial notice.
Sec. 5. NRS 635.040 is hereby amended to read as follows:
635.040 1. All fees provided for in this chapter [shall be payable] must be paid to the [secretary-treasurer] treasurer of the board, who shall deposit the fees in banks or savings and loan associations in [the State of Nevada.] this state. All of the salaries and expenses for the operation of the board [shall] must be paid from [such] the fees.
2. The board shall deposit the money collected from the imposition of civil penalties with the state treasurer for credit to the state general fund, and may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 6. NRS 635.070 is hereby amended to read as follows:
635.070 Without unnecessary delay after the examination, the board shall act on the examination. If an applicant is found qualified, he must be registered and licensed to practice podiatry, or as a podiatry hygienist, as the case may be, and is entitled to receive in testimony thereof a certificate signed by the president and the [secretary-treasurer] secretary of the board.
Sec. 7. NRS 635.093 is hereby amended to read as follows:
635.093 1. Any person desiring to be licensed as a podiatry hygienist in this state must furnish the board with satisfactory proof that he:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Has satisfactorily completed a course for podiatry hygienists approved by the board or has had 6 months or more of training in a podiatrists office[.] as approved by the board.
2. Upon payment of a fee, not exceeding $100, which must be established by regulation of the board, and presenting satisfactory proof as required by subsection 1, an applicant, not exempted under subsection 3, must be examined by the board or a committee thereof under such regulations as the board may adopt.
3. The board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatrist and is:
(a) A registered nurse; or
(b) A licensed practical nurse whom the board or any of its members have interviewed and observed in the use of practical skills.
Sec. 8. NRS 635.115 is hereby amended to read as follows:
635.115 1. [After October 31, 1980, each] Each podiatrist must, at the time of paying the annual fee for registration, present to the [secretary-treasurer] secretary of the board satisfactory evidence that during the preceding 2 years he attended at least 50 hours of instruction in courses approved by the board for purposes of continuing professional education.
κ1987 Statutes of Nevada, Page 1859 (CHAPTER 749, SB 177)κ
The board may waive all or part of the requirement of continuing education in a particular year if the podiatrist was prevented from that attendance by circumstances beyond his control.
2. If a podiatrist fails to provide proof of his continuing education and does not obtain a waiver from the board, the [secretary-treasurer] secretary shall not renew his license.
________
Senate Bill No. 76Senator Rhoads
CHAPTER 750
AN ACT relating to district courts; requiring additional district judges in the third and fourth judicial districts; making an appropriation; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.013 is hereby amended to read as follows:
3.013 For the third judicial district there must be [one district judge.] two district judges.
Sec. 2. NRS 3.014 is hereby amended to read as follows:
3.014 For the fourth judicial district there must be [one district judge.] two district judges.
Sec. 3. 1. The legislature declares that by increasing the number of judges provided for the third and fourth judicial districts it creates a vacancy in each of those districts within the meaning of section 5 of article 6 of the constitution of the State of Nevada.
2. The governor shall appoint a person to fill each of these vacancies until successors are elected at the general election in 1988. The terms of the persons so elected expire on the first Monday of January 1991.
Sec. 4. There is hereby appropriated from the state general fund to the district judges salary and the board of law library trustees budget accounts:
For the fiscal year 1987-1988................................................................ $82,155
For the fiscal year 1988-89.................................................................... 164,619
Sec. 5. This act becomes effective on January 1, 1988.
________
κ1987 Statutes of Nevada, Page 1860κ
Assembly Bill No. 774Committee on Taxation
CHAPTER 751
AN ACT relating to gaming; revising and increasing the quarterly fee for a restricted operation; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the commission shall charge and collect from him for each slot machine for each quarter year:
(a) A license fee of [$35] $45 for each slot machine if he will have at least one but not more than five slot machines.
(b) A license fee of [$55] $225 plus $90 for each slot machine in excess of five if he will have at least six but not more than 15 slot machines.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether or not the machines are owned by one or more licensee-owners.
________
Assembly Bill No. 618Committee on Government Affairs
CHAPTER 752
AN ACT relating to collective bargaining by local governments; repealing the prospective expiration of certain provisions concerning collective bargaining for police officers; requiring an arbitrator in certain disputes to specify in his decision the reasons for and estimated total cost of his award; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.215 is hereby amended to read as follows:
288.215 1. As used in this section:
κ1987 Statutes of Nevada, Page 1861 (CHAPTER 752, AB 618)κ
(a) Firemen means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the state and whose principal duties are controlling and extinguishing fires.
(b) Police officers means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the state and whose principal duties are to enforce the law.
2. The provisions of this section apply only to firemen and police officers and their local government employers.
3. If the parties have not agreed to make the findings and recommendations of the factfinder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the factfinders report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for factfinders in NRS 288.210.
4. The arbitrator shall, within 10 days after he is selected, and after 7 days written notice is given to the parties, hold a hearing for the purpose of receiving information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.
5. At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:
(a) The parties to the dispute; or
(b) Any interested person.
6. The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.
7. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.
8. If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
9. The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.
10. The decision of the arbitrator must include a statement:
(a) Giving his reason for accepting the final offer that is the basis of his award; and
(b) Specifying his estimate of the total cost of the award.
Sec. 2. Sections 2 and 3 of chapter 657, Statutes of Nevada 1985, at pages 2164 and 2165, respectively, are hereby repealed.
κ1987 Statutes of Nevada, Page 1862 (CHAPTER 752, AB 618)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 514Assemblymen Callister, Schofield, Adler, Thompson, Sader, Kissam, Lambert, Craddock, Haller, Humke, Wendell Williams, Nicholas, McGaughey, Thomas, Garner, Spriggs, Evans, Swain, DuBois, Arberry, Sedway, Tebbs, Brookman, Marvel, Myrna Williams, Spinello, Wisdom, Kerns, Porter, Nevin, Jeffrey, Getto, Gaston and Freeman
CHAPTER 753
AN ACT relating to mobile homes; increasing the fee for issuance of a dealers or manufacturers license; eliminating the requirement for the furnishing of a bond as a condition for licensing; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 489.305 is hereby amended to read as follows:
489.305 To open a branch office, a dealer, installer, rebuilder or serviceman, as the case may be, must:
1. Obtain a license from the division to operate the branch office; and
2. [File a $1,000 surety bond with the division for each branch office; and
3.] Provide for direct supervision of the branch office, either by himself or by employing a responsible managing employee.
Sec. 2. NRS 489.321 is hereby amended to read as follows:
489.321 1. Applications for a manufacturers, dealers, rebuilders, servicemans or installers license must be filed upon forms supplied by the division, and the applicant shall furnish:
(a) Any proof the division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.
(b) Any proof the division may require that the applicant has an established place of business.
(c) Any proof the division may require of the applicants good character and reputation and of his fitness to engage in the activities for which the license is sought.
(d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.
(e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.
κ1987 Statutes of Nevada, Page 1863 (CHAPTER 753, AB 514)κ
manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.
(f) [If the application is for a license as a manufacturer, dealer or rebuilder, a good and sufficient bond in the amount of $10,000, or if a serviceman or an installer, a good and sufficient bond in the amount of $5,000, the surety for which is a corporation licensed to do business as a surety in this state, and the form of which has been approved by the attorney general. The bond must be conditioned on the conduct of business by the applicant without fraud or fraudulent misrepresentation and without violation of any provision of this chapter, including fraud or violation by salesmen or responsible managing employees of dealers and rebuilders or employees of servicemen and installers acting within the scope of employment, and must provide that any person injured by an action of the dealer, rebuilder, manufacturer, serviceman, installer, responsible managing employee, salesman or employee may bring an action on the bond.
(g) In lieu of a bond, a deposit with the state treasurer, under terms prescribed by the division of:
(1) A like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value not less than the amount fixed by the division; or
(2) 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 required bond and that this amount cannot be withdrawn except upon order of the division. Interest earned on the account accrues to the applicant or licensee.
(h)] A reasonable fee fixed by regulation.
[(i)] (g) In the case of a dealer, rebuilder, serviceman or installer, proof of passing the examination required under NRS 489.351.
[(j)] (h) Any additional requirements the division may from time to time prescribe by regulation.
2. Within 60 days after receipt of a complete application, the division shall issue or deny the license.
3. The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the division shall issue to the applicant a dealers, manufacturers, installers, rebuilders or servicemans license certificate containing the applicants name and the address of his fixed place of business.
4. Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.
Sec. 3. NRS 489.421 is hereby amended to read as follows:
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
κ1987 Statutes of Nevada, Page 1864 (CHAPTER 753, AB 514)κ
2. Failure of the licensee to maintain any other license [or bond] required by any political subdivision of this state.
3. Failure to respond to a notice served by the division as provided by law within the time specified in the notice.
4. Failure or refusing to permit access by the administrator to documentary materials set forth in NRS 489.231.
5. Disregarding or violating any provision of this chapter or any regulation adopted under it.
6. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
7. Conviction of or entering a plea of guilty or nolo contendere to a felony or a crime of moral turpitude in this state or any other state, territory or country.
Sec. 4. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The fund for education and recovery relating to manufactured housing is hereby created as a special revenue fund for the purpose of satisfying claims against persons licensed under this chapter. Any balance in the fund over [$300,000] $500,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:
(a) For a dealers or manufacturers original license, of [$300.] $1,000.
(b) For a dealers or manufacturers renewal license, of [$150.] $600.
(c) For an original or renewal license for:
(1) A serviceman, rebuilder or installer, of [$50.] $150.
(2) A salesman, of $25.
(3) A responsible managing employee, of $50.
Fees collected pursuant to this section must be deposited in the state treasury for credit to the fund.
3. Payments from the fund must be made only upon an appropriate court order.
Sec. 5. Notwithstanding the amendatory provisions of this act, any licensee whose bond is in effect on July 1, 1987, may, upon payment of the fees set forth in NRS 489.4971, as amended by this act, cancel or let the bond expire, but is not required to do so until June 30, 1988.
________
κ1987 Statutes of Nevada, Page 1865κ
Senate Bill No. 432Senator Rhoads
CHAPTER 754
AN ACT relating to the tax on special fuels; exempting certain private motor carriers of property from the requirement of licensure; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 366.221 is hereby amended to read as follows:
366.221 1. No special fuel users license may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having a declared gross weight of less than 10,000 pounds.
(d) Operators of unladen motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
(g) Private motor carriers of property [as defined in NRS 706.111 which are] which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(h) A private motor carrier of property which is used to attend livestock shows or sales.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
3. The department may adopt regulations concerning the application and administration of this section.
4. As used in this section, private motor carrier of property has the meaning ascribed to it in NRS 706.111.
Sec. 2. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except for the provisions of subsection 4 of NRS 706.171 and NRS 706.281, 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:
(a) The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (e), or to the carriage of any property for compensation.
κ1987 Statutes of Nevada, Page 1866 (CHAPTER 754, SB 432)κ
engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (e), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of transportation for that particular work.
(e) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(f) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(g) A private motor carrier of property which is used to attend livestock shows and sales.
2. Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 3. Section 5 of Assembly Bill No. 273 of this session is hereby amended to read as follows:
Sec. 5. NRS 366.221 is hereby amended to read as follows:
366.221 1. No special fuel users license may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having a declared gross weight of [less than 10,000 pounds.] 26,000 pounds or less.
(d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
(g) Private motor carriers of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
κ1987 Statutes of Nevada, Page 1867 (CHAPTER 754, SB 432)κ
(h) A private motor carrier of property which is used to attend livestock shows or sales.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
3. [The department may adopt regulations concerning the application and administration of this section.
4.] As used in this section, private motor carrier of property has the meaning ascribed to it in NRS 706.111.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 302Senator Jacobsen
CHAPTER 755
AN ACT relating to mines; imposing an additional fee for the filing of a claim to be used to discover dangerous conditions resulting from past mining practices; providing for the establishment of a program to discover those dangerous conditions; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 513 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An additional fee of $0.50 per claim is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited, in the same manner as provided in that section.
2. The executive director shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. He shall annually during the month of January, or oftener if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. He shall further work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.
3. To carry out this program and these duties, the executive director shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the department by statute.
κ1987 Statutes of Nevada, Page 1868 (CHAPTER 755, SB 302)κ
the state and whose position is in addition to the unclassified positions otherwise authorized in the department by statute.
4. The commission shall provide by regulation:
(a) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.
(b) Standards for abating the kinds of dangers usually found, including but not limited to standards for excluding persons and animals from dangerous open excavations.
Sec. 2. NRS 513.103 is hereby amended to read as follows:
513.103 1. The fund for the department of minerals is hereby created in the state treasury as a special revenue fund.
2. The following special fees and money must be deposited in the fund:
(a) All fees collected under section 1 of this act, NRS 517.185 and chapter 522 of NRS.
(b) Any money appropriated to the department from the state general fund.
3. No money except that appropriated from the state general fund reverts to the state general fund.
4. The money in the fund is appropriated to the department and must be expended for the purposes of administering the provisions of this chapter and chapter 522 of NRS. All interest earned on the fund must remain in the fund.
Sec. 3. NRS 455.020 is hereby amended to read as follows:
455.020 Any person who is a resident of the county and knows, or has reason to believe, that the provisions of NRS 455.010 are being or have been violated within such county, may file with [any justice of the peace or municipal judge therein] the sheriff or the constable of the township where the hole, excavation or shaft exists a notice which must be in writing and must state:
1. The location, as near as may be, of the hole, excavation or shaft.
2. That the hole, excavation or shaft is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of this chapter.
3. The name of the owner or owners of the hole, excavation or shaft, if known, or, if the owner is unknown, [the] any persons who were known to be employed therein.
4. Whether the hole, excavation or shaft [is abandoned, and there is no claimant.
5. The estimated cost of fencing or otherwise securing the hole, excavation or shaft against any avoidable accidents.] appears to be abandoned.
κ1987 Statutes of Nevada, Page 1869 (CHAPTER 755, SB 302)κ
Sec. 4. NRS 455.030 is hereby amended to read as follows:
455.030 [Upon]
1. Whenever a board of county commissioners receives information from the department of minerals that there is in the county a dangerous condition that results from mining practices which took place at a mine that is no longer operating, if the information identifies a person responsible for the condition, the board shall transmit this information to the sheriff or the constable of the township where the condition exists.
2. Upon receipt of information pursuant to subsection 1 or upon the filing of the notice, as provided for in NRS 455.020, the [justice of the peace or municipal judge shall issue an order directed to the sheriff of the county, or to any constable or city marshal therein, directing such officer to serve a notice, in such manner and form as is prescribed by law for service of summons, upon any person or persons, or the authorized agent or agents of any company or corporation, named in the notice.] sheriff or constable shall serve a notice, in the same manner and form as a summons, upon each person identified as owner or otherwise responsible.
Sec. 5. NRS 455.040 is hereby amended to read as follows:
455.040 1. The notice thus served [shall] must require the person or persons to appear before the justice [or judge issuing the same,] of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in his place, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of this chapter or the standards established by the commission on mineral resources for the abatement of dangerous conditions have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount [stated in the notice on file.] required to abate the condition.
2. All proceedings had therein [shall] must be as prescribed by law in civil cases.
3. Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of this chapter, which judgments and fines [shall] must be adjudged and collected as provided for by law.
Sec. 6. NRS 455.060 is hereby amended to read as follows:
455.060 1. If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the [justice of the peace or municipal judge] sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location . [and] Upon receipt of this notice, or of information from the department of minerals that there is a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, in the county if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, [cause it to] decide whether it should be so fenced or otherwise guarded as to prevent accidents to persons or animals.
κ1987 Statutes of Nevada, Page 1870 (CHAPTER 755, SB 302)κ
2. All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of this chapter in the same manner as other county expenses.
[3. This section does not compel the board of county commissioners to fill up, fence or otherwise guard any shaft, excavation or hole unless, in the boards discretion, it may be considered dangerous to persons or animals.]
________
Assembly Bill No. 539Assemblymen Wendell Williams, Arberry, Triggs, Haller, Craddock, Humke, Nicholas, McGaughey, Thomas, DuBois, Bergevin, Lambert, Kissam, Adler, Thompson, Sader, Sedway, May, Price, Fay, Tebbs, Brookman, Callister, Marvel, Wisdom, Spinello, Myrna Williams, Freeman, Banner, Jeffrey, Nevin, Porter, Kerns, Garner, Evans and Swain
CHAPTER 756
AN ACT relating to elections; requiring the establishment of polling places in certain residential developments for elderly persons; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
The county or city clerk shall establish at least one polling place for a precinct in any residential development exclusively for elderly persons if:
1. More than 100 of the residents of the development are registered to vote;
2. There is a common area which is adequate and available; and
3. The owner of the development consents to the establishment of the polling place on his property.
________
κ1987 Statutes of Nevada, Page 1871κ
Assembly Bill No. 888Committee on Ways and Means
CHAPTER 757
AN ACT relating to legislators; revising the provisions governing their compensation; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $44; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for one days travel to and one days travel from the session or conference.
(b) Travel expenses computed at the rate of 27 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of [$5,000] $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving, to and from Carson City for the session; and
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at the rate of 27 cents per mile; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at the rate of 27 cents per mile.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:
(a) The rate of $44; or
(b) The maximum rate established by the Federal Government for the locality in which the travel is performed, for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
κ1987 Statutes of Nevada, Page 1872 (CHAPTER 757, AB 888)κ
for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. Each senator and assemblyman is entitled to receive a telephone allowance of not more than [$1,800] $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
7. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
8. Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
Sec. 2. NRS 218.221 is hereby amended to read as follows:
218.221 1. Each of the following officers of the houses of the legislature is entitled to an allowance of not more than [$500] $900 for each regular session and $64 for each special session for the payment of postage, telephone tolls and other communication charges incurred by him in the performance of his duties:
(a) The president and president pro tempore of the senate.
(b) The speaker and speaker pro tempore of the assembly.
(c) The majority floor leader and minority floor leader of each house.
(d) the chairman of each standing committee of each house, except that any chairman who would otherwise quality for more than one allowance is entitled only to one allowance.
2. All allowances made pursuant to this section must be paid from the legislative fund.
________
κ1987 Statutes of Nevada, Page 1873κ
Senate Bill No. 284Committee on Commerce and Labor
CHAPTER 758
AN ACT relating to state departments; providing in skeleton form for the change of the name of the administrator of financial institutions to the commissioner of financial institutions; and providing other matters properly relating thereto.
[Approved June 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.250 is hereby amended to read as follows:
232.250 The director:
1. Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, other than that of the state fire marshal and the administrator of unclaimed property, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and make the appointments after consultation with and concurrence of the organizations. The director shall consult the state fire marshals advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the [administrator] commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.
2. Is responsible for the administration through the divisions of the department of the provisions of Titles 55, 56 and 57, of NRS, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department.
3. May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to NRS 81.350 to 81.400, inclusive, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.
4. For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
Sec. 2. NRS 78.045 is hereby amended to read as follows:
78.045 1. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under the laws of this state which provides that the name of the corporation contain the word trust, unless:
κ1987 Statutes of Nevada, Page 1874 (CHAPTER 758, SB 284)κ
of any corporation formed under the laws of this state which provides that the name of the corporation contain the word trust, unless:
(a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a trust company, either exclusively or in connection with its business as a bank or savings and loan [associations;] association; and
(b) The articles or certificate of amendment is first approved by the [administrator] commissioner of financial institutions.
2. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance, unless the articles or certificate of amendment is first approved by the commissioner of insurance.
3. The secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed under the laws of this state if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless:
(a) The state board of registered professional engineers and land surveyors certifies that the principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or
(b) The state board of registered professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.
4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities and Exchange Act of 1934, which does not engage in the practice of professional engineering.
5. The [administrator] commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them under the provisions of this section.
Sec. 3. NRS 120A.420 is hereby amended to read as follows:
120A.420 1. The chief of the division of unclaimed property may at reasonable times and upon reasonable notice examine the records of any person if he has reason to believe that the person has failed to report property which should have been reported pursuant to this chapter.
2. To determine compliance with this chapter, the [administrator] commissioner of financial institutions may examine the records of any banking organization and any savings and loan association doing business within this state but not organized under the laws of or created in this state.
3. When requested by the chief of the division of unclaimed property, any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder shall include in its examination a determination whether the holder has complied with this chapter.
κ1987 Statutes of Nevada, Page 1875 (CHAPTER 758, SB 284)κ
Sec. 4. NRS 163.040 is hereby amended to read as follows:
163.040 1. A corporate trustee which is subject to regulation and supervision by state or federal authorities may deposit with itself trust funds which are being held necessarily pending investment, distribution, or the payment of debts, provided it pays into the trust for [such] the deposit such interest as it is required by statute to pay on uninvested trust funds, or, if there [be no such] is no statute, the same rate of interest it pays upon similar nontrust deposits, and maintains in its trust department as security for [all such] those deposits a separate fund consisting of securities legal for trust investments and at all times equal in total market value to the amount of the deposits. [But no such] No security may be required to the extent that the deposit is insured or given a preference by any state or federal law.
2. The separate fund of securities must be marked as such. Withdrawals from or additions to it may be made from time to time, as long as the required value is maintained. The income of [such] the securities belongs to the corporate trustee. In all statements of its financial condition published, or delivered to the [administrator] commissioner of financial institutions, the corporate trustee shall show as separate items the amount of trust funds which it has deposited with itself and the amount of securities which it holds as security for the payment of [such] those deposits.
Sec. 5. NRS 164.080 is hereby amended to read as follows:
164.080 1. Any bank or trust company qualified to act as fiduciary in this state, or in any other state if affiliated with a bank or trust company qualified to act as fiduciary in this state, may:
(a) Establish common trust funds to furnish investments to itself and its affiliated bank or trust company as fiduciary or to itself, its affiliated bank or trust company and others, as cofiduciaries; and
(b) As fiduciary or cofiduciary, invest money which it lawfully holds for investment in interests in those common trust funds, if the investment is not prohibited by the instrument, judgment, decree or order creating the fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to the investment.
2. Any bank or trust company, qualified to act as fiduciary in the state in which it was chartered, which is not a member of the Federal Reserve System shall, in the operation of the common trust fund, comply with the regulations adopted by the supervisor of banking in the state in which it was chartered and with the regulations adopted by the [administrator] commissioner of financial institutions in this state.
3. The [administrator] commissioner of the division of financial institutions of the department of commerce may adopt regulations to carry out the provisions of NRS 164.070 to 164.120, inclusive.
4. As used in this section, affiliated means two or more banks or trust companies:
(a) In which at least 25 percent of their voting shares, excluding shares owned by the United States or by any company wholly owned by the United States, are directly or indirectly owned or controlled by a holding company; or
κ1987 Statutes of Nevada, Page 1876 (CHAPTER 758, SB 284)κ
(b) In which the election of a majority of the directors is controlled in any manner by a holding company.
Sec. 6. NRS 349.740 is hereby amended to read as follows:
349.740 Participating financial institution means:
1. Any office or subsidiary of a foreign banking corporation licensed or approved by the [administrator] commissioner of financial institutions; or
2. Any bank, trust company, savings and loan association, credit union, thrift company or other financial institution organized under the laws of this state or organized under the laws of the United States and authorized to do business under the laws of this state,
which has received the approval of the director to participate in guaranteed funding for any eligible transaction.
Sec. 7. NRS 356.030 is hereby amended to read as follows:
356.030 1. If any insured banks, insured credit unions or [any] insured savings and loan associations fail to pay any deposit or deposits, or any part thereof, on demand of the state treasurer, then the state treasurer, with the written approval of the state board of finance, forthwith shall:
(a) Advertise [such] the securities for sale for not less than 10 days in a newspaper of general circulation published within this state.
(b) Sell the securities, or a sufficient amount thereof, to repay the deposit, at public or private sale to the highest and best bidder.
(c) Apply the proceeds of the sale, including accrued interest, if any, toward the cancellation of the deposit.
2. If there is an excess of [such] the proceeds or of security, or both, after the satisfaction of the deposit, the excess must be returned to the depository bank, credit union or savings and loan association or its successor in interest.
3. Nothing in this section prevents the depository bank, credit union or savings and loan association, or the [administrator] commissioner of financial institutions in charge thereof, or the legally constituted receiver or liquidator thereof from redeeming the securities within a reasonable time, as determined by the state board of finance, at such a price as will repay to the state treasurer the full amount of the deposit in the depository.
Sec. 8. NRS 598B.090 is hereby amended to read as follows:
598B.090 The [administrator] commissioner of financial institutions through the division shall:
1. Administer the provisions of this chapter;
2. Study the nature and extent of any discrimination as to sex or marital status in credit practices in this state; and
3. Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discrimination on the basis of sex or marital status in credit practices.
Sec. 9. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. [Administrator] Commissioner means the [administrator] commissioner of financial institutions.
κ1987 Statutes of Nevada, Page 1877 (CHAPTER 758, SB 284)κ
2. Depository financial institution means a bank, savings and loan association, thrift company or credit union.
3. Mortgage company means any person who, directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property, unless the loans are made pursuant to subsection 6 or 8 of NRS 645B.015;
(d) Holds himself out as being able to buy or sell notes secured by liens on real property; and
(e) Offers for sale in this state any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property.
Sec. 10. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A license as a mortgage company may be obtained by filing a written application in the office of the [administrator.] commissioner.
2. The application must:
(a) Be verified.
(b) State the location of the applicants principal office and branch offices in the state.
(c) State the name under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the mortgage company business.
(g) Include a financial statement of the applicant.
(h) Include such other information as the [administrator] commissioner determines necessary.
3. If the [administrator] commissioner determines after investigation that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the handling of money deposited for taxes and insurance premiums or otherwise held in escrow or trust accounts as provided in this chapter will protect and safeguard the public, he shall issue a license to the applicant as a mortgage company. A license entitles the holder to engage in the activities authorized by this chapter.
Sec. 11. NRS 645B.025 is hereby amended to read as follows:
645B.025 1. A licensee shall post each license in a conspicuous place in the office to which it pertains.
2. A license may not be transferred or assigned unless the [administrator] commissioner gives his written approval.
κ1987 Statutes of Nevada, Page 1878 (CHAPTER 758, SB 284)κ
Sec. 12. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the [administrator] commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The [administrator] commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The [administrator] commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The [administrator] commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the [administrator] commissioner at the same time as he submits the report to the company. The [administrator] commissioner shall by regulation prescribe the scope of audits pursuant to this subsection.
4. The filing fees are:
(a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. All money received by the [administrator] commissioner pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.
(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
5. Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 13. (Deleted.)
Sec. 14. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the director of the department of commerce, the [administrator] commissioner shall exercise general supervision and control over mortgage companies doing business in this state.
κ1987 Statutes of Nevada, Page 1879 (CHAPTER 758, SB 284)κ
general supervision and control over mortgage companies doing business in this state.
2. In addition to the other duties imposed upon him by law, the [administrator] commissioner shall:
(a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
(c) Conduct such examinations, periodic or special audits, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage companies.
(d) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.
(e) Conduct such examinations and investigations as are necessary to ensure that mortgage companies meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
Sec. 15. NRS 645B.070 is hereby amended to read as follows:
645B.070 1. In the conduct of any examination, periodic or special audit, investigation or hearing, the [administrator] commissioner may:
(a) Compel the attendance of any person by subpena.
(b) Administer oaths.
(c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.
2. Every person subpenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the [administrator,] commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
3. The cost of any examination, periodic or special audit, investigation or hearing conducted under this chapter may be assessed to and collected from the mortgage company in question by the [administrator] commissioner.
Sec. 16. NRS 645B.080 is hereby amended to read as follows:
645B.080 1. All mortgage companies shall keep and maintain at all times in their places of business complete and suitable records of all mortgage transactions made by them at that location, together with all original books, papers and data clearly reflecting the financial condition of the business of such companies.
2. Each mortgage company shall submit to the [administrator] commissioner each month a report of the companys activity for the previous month. The report must:
κ1987 Statutes of Nevada, Page 1880 (CHAPTER 758, SB 284)κ
(a) Specify the volume of loans arranged by the company for the month or state that no loans were arranged in that month;
(b) Include such other information as the [administrator] commissioner by regulation requires; and
(c) Be submitted to the [administrator] commissioner by the 15th day of the month following the month for which the report is made.
3. The [administrator] commissioner may adopt regulations prescribing accounting procedures for mortgage companies handling trust accounts and the requirements for keeping records relating thereto.
Sec. 17. NRS 645B.090 is hereby amended to read as follows:
645B.090 Except as otherwise provided by law, all papers, documents, reports and other written instruments filed with the [administrator] commissioner under this chapter are open to public inspection, except that the [administrator] commissioner may withhold from public inspection for such time as he considers necessary any information which in his judgment the public welfare or the welfare of any mortgage company requires to be so withheld.
Sec. 18. NRS 645B.095 is hereby amended to read as follows:
645B.095 1. As used in this section, change of control means:
(a) A transfer of voting stock which results in giving a person, directly or indirectly, the power to direct the management and policy of a mortgage company; or
(b) A transfer of at least 25 percent of the outstanding voting stock of a mortgage company.
2. The [administrator] commissioner must be notified of a transfer of 5 percent or more of the outstanding voting stock of a mortgage company and must approve a transfer of voting stock of a mortgage company which constitutes a change of control.
3. The person who acquires stock resulting in a change of control of the mortgage company shall apply to the [administrator] commissioner for approval of the transfer. The application must contain information which shows that the requirements of this chapter for obtaining a license will be satisfied after the change of control. Except as provided in subsection 4, the [administrator] commissioner shall conduct an investigation to determine whether those requirements will be satisfied. If, after the investigation, the [administrator] commissioner denies the application, he may forbid the applicant from participating in the business of the mortgage company.
4. A mortgage company may submit a written request to the [administrator] commissioner to waive an investigation pursuant to subsection 3. The [administrator] commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 19. NRS 645B.100 is hereby amended to read as follows:
645B.100 1. Grounds for refusing to license any person as a mortgage company and grounds for suspending any license are that the applicant or licensee:
(a) Is insolvent;
κ1987 Statutes of Nevada, Page 1881 (CHAPTER 758, SB 284)κ
(b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;
(c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has been guilty of fraud in connection with any transaction governed by this chapter;
(f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of his business;
(g) Has knowingly made or caused to be made to the [administrator] commissioner any false representation of material fact or has suppressed or withheld from the [administrator] commissioner any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;
(h) Has failed to account to persons interested for all money received for the impound trust account;
(i) Has refused to permit an examination by the [administrator] commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the [administrator] commissioner under the provisions of this chapter;
(j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;
(k) Has refused or failed to pay, within a reasonable time, those expenses assessed to the mortgage company pursuant to NRS 645B.050 or 645B.070;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment; or
(m) Has not conducted verifiable business as a mortgage company for 12 consecutive months, except in the case of a new applicant. The [administrator] commissioner shall determine whether a company is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.
2. It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of a natural person.
3. The [administrator] commissioner may impose an administrative fine, not to exceed $500 for each violation, if a mortgage company intentionally or repeatedly commits any violation enumerated in paragraphs (a) to (i), inclusive, (k), (l) or (m) of subsection 1.
Sec. 20. NRS 645B.110 is hereby amended to read as follows:
645B.110 1. Notice of the entry of any order of suspension or of refusing a license to any mortgage company must be given in writing, served personally or sent by certified mail or by telegraph to the company affected.
κ1987 Statutes of Nevada, Page 1882 (CHAPTER 758, SB 284)κ
2. The company, upon application, is entitled to a hearing; but if no such application is made within 20 days after the entry of an order of suspension or of refusing a license of any company, the [administrator] commissioner shall enter a final order in either case.
Sec. 21. NRS 645B.120 is hereby amended to read as follows:
645B.120 1. The [administrator] commissioner may investigate either upon complaint or otherwise when it appears that a mortgage company is conducting its business in an unsafe and injurious manner or in violation of this chapter or the regulations promulgated thereunder by the [administrator,] commissioner, or when it appears that any person is engaging in the mortgage company business without being licensed under the provisions of those sections.
2. If upon investigation it appears that such company is so conducting its business or an unlicensed person is engaged in the mortgage company business, the [administrator] commissioner may:
(a) Advise the district attorney of the county in which the business is conducted, and the district attorney shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter; and
(b) Bring suit in the name and on behalf of the State of Nevada against such person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of this chapter or regulations thereunder to enjoin any such person from continuing such practices or engaging therein or doing any such act.
3. If the [administrator] commissioner brings suit, the district court of any county of this state is hereby vested with the jurisdiction in equity to restrain unsafe, injurious or illegal practices or transactions and may grant injunctions to prevent and restrain such practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper; and the findings of the [administrator] commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such court proceedings the [administrator] commissioner may apply for and on due showing is entitled to have issued the courts subpena requiring forthwith the appearance of any defendant and his employees and the production of documents, books and records as may appear necessary for the hearing of [such] the petition, to testify and give evidence concerning the acts or conduct or things complained of in [such] the application for injunction.
Sec. 22. NRS 645B.130 is hereby amended to read as follows:
645B.130 1. An appeal may be taken by any person interested from the final decision of the [administrator] commissioner to the district court in the county in which the party adversely affected by the decision resides or has his place of business by serving upon the [administrator] commissioner within 10 days after notice of the entry of the order a written notice of the appeal, stating the grounds upon which a reversal of the final order is sought and accompanied by a demand in writing for a certified transcript of the record and of all papers on file in the office of the [administrator] commissioner affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof.
κ1987 Statutes of Nevada, Page 1883 (CHAPTER 758, SB 284)κ
and accompanied by a demand in writing for a certified transcript of the record and of all papers on file in the office of the [administrator] commissioner affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof. The [administrator] commissioner shall within 30 days make and certify [such] the transcript.
2. The appellant shall, within 5 days after receiving the transcript, file with the clerk of the court:
(a) The transcript and the notice of appeal; and
(b) A petition for review of the [administrators] commissioners decision, setting forth in specific detail the grounds for the appeal, including any errors which the appellant contends were made by the [administrator] commissioner at the administrative hearing.
3. An appeal from an order of the [administrator] commissioner must be treated as a proceeding in equity. In the proceeding before the court, the appellant has the burden of proof.
4. Any order of the [administrator] commissioner which finally limits or adversely determines the rights of any interested person is a final administrative decision as to that person.
Sec. 23. NRS 645B.140 is hereby amended to read as follows:
645B.140 1. If the order of the [administrator] commissioner is reversed, the court shall by its mandate specifically direct the [administrator] commissioner as to his further action in the matter including the making and entering of any order in connection therewith and the conditions, limitations or restrictions to be therein contained; but the [administrator] commissioner is not thereby barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.
2. If the order is affirmed, the appellant is not barred after 30 days from filing a new application if the application is not otherwise barred or limited.
3. The appeal does not suspend the operation of the order appealed from during the pendency of the appeal except upon proper order of the court.
4. An appeal may be taken from the judgment of the district court on the same terms and conditions as an appeal is taken in civil actions.
Sec. 24. NRS 645B.150 is hereby amended to read as follows:
645B.150 1. When the [administrator] commissioner ascertains by examination or otherwise that the assets or capital of any mortgage company are impaired or that a mortgage companys affairs are in an unsafe condition which may result in danger to the public, he may immediately take possession of all the property, business and assets of the company which are located in this state and retain possession of them pending further proceedings provided for in this chapter.
2. If the board of directors or any officer or person in charge of the offices of the company refuses to permit the [administrator] commissioner to take possession of its property, the [administrator] commissioner shall communicate that fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the [administrator] commissioner in immediate possession of the property of the company.
κ1987 Statutes of Nevada, Page 1884 (CHAPTER 758, SB 284)κ
place the [administrator] commissioner in immediate possession of the property of the company. The [administrator] commissioner thereupon shall make or have made an inventory of the assets and known liabilities of the company.
3. The [administrator] commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the company is located and shall mail one copy to each stockholder, partner, officer or associate of the mortgage company at his last known address.
4. The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.
Sec. 25. NRS 645B.160 is hereby amended to read as follows:
645B.160 1. The officers, directors, partners, associates or stockholders of the mortgage company may, within 60 days from the date when the [administrator] commissioner takes possession of the property, business and assets, make good any deficit which may exist or remedy the unsafe condition of its affairs.
2. At the expiration of such time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the [administrator] commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the company which are located in this state in the same manner as now provided by law for liquidation of a private corporation in receivership.
3. No other person may be appointed receiver by any court without first giving the [administrator] commissioner ample notice of his application.
4. The inventory made by the [administrator] commissioner 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.
5. The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, must be fixed by the [administrator] commissioner subject to the approval of the court, and, upon certification of the [administrator,] commissioner, must be paid out of the money in his hands as the receiver.
Sec. 26. NRS 645B.170 is hereby amended to read as follows:
645B.170 1. All money paid to the mortgage company for payment of taxes or insurance premiums on property which secures any loan made by the mortgage company must be deposited in a bank and kept separate, distinct and apart from [funds] money belonging to the mortgage company. Such [funds,] money, when deposited, [are] is to be designated as an impound trust account or under some other appropriate name indicating that the [funds] accounts are not the [funds] money of the mortgage company.
2. The mortgage company has a fiduciary duty to its debtors with respect to the [funds] money in its impound trust account.
κ1987 Statutes of Nevada, Page 1885 (CHAPTER 758, SB 284)κ
3. The mortgage company shall, upon reasonable notice, account to any debtor whose property secures a loan made by the mortgage company for any [funds] money which that person has paid to the mortgage company for the payment of taxes or insurance premiums on the property in question.
4. The mortgage company shall, upon reasonable notice, account to the [administrator] commissioner for all [funds] money in the companys impound trust account.
Sec. 27. NRS 645B.175 is hereby amended to read as follows:
645B.175 1. All money received by a mortgage company from a person to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, must:
(a) Be deposited in:
(1) An insured depository financial institution; or
(2) An escrow account which is controlled by a person who is independent of the parties and subject to instructions regarding the account which are approved by the parties.
(b) Be kept separate from money:
(1) Belonging to the mortgage company in an account appropriately named to indicate that the money does not belong to the mortgage company.
(2) Received pursuant to subsection 3.
2. The amount held in trust pursuant to subsection 1 must be released:
(a) Upon completion of the loan, including proper recordation of the respective interests or release, or upon completion of the transfer of the ownership or beneficial interest therein, to the debtor or his designee less that amount due the mortgage company for the payment of any fee or service charge;
(b) If the loan or the transfer thereof is not consummated, to the person who furnished the money held in trust; or
(c) Pursuant to any instructions regarding the escrow account.
3. All money paid to a mortgage company by a person in full or in partial payment of a loan secured by a lien on real property, must:
(a) Be deposited in:
(1) An insured depository financial institution; or
(2) An escrow account which is controlled by a person who is subject to instructions regarding the account which are approved by the parties.
(b) Be kept separate from money:
(1) Belonging to the mortgage company in an account appropriately named to indicate that it does not belong to the mortgage company.
(2) Received pursuant to subsection 1.
4. The amount held in trust pursuant to subsection 3 must be released, upon the deduction and payment of any fees or service charge due the mortgage company, to the owner of or the person having the beneficial interest in the note.
5. Upon reasonable notice, any mortgage company described in this section shall:
(a) Account to any debtor or creditor upon whose behalf money has been paid to the mortgage company and deposited in the trust accounts as set forth in this section; and
κ1987 Statutes of Nevada, Page 1886 (CHAPTER 758, SB 284)κ
paid to the mortgage company and deposited in the trust accounts as set forth in this section; and
(b) Account to the [administrator] commissioner for all money in the mortgage companys loan proceeds or loan payments trust account.
6. Money received by a mortgage company pursuant to this section from a person who is not associated with the company may be held in trust for no more than 45 days before an escrow account must be opened in connection with the loan. If, within this 45-day period, the loan or the transfer therefor is not consummated, the money must be returned within 24 hours. If the money is so returned, it may not be reinvested with the mortgage company for at least 15 days.
Sec. 28. NRS 645B.185 is hereby amended to read as follows:
645B.185 1. Before a person invests money through a mortgage company licensed pursuant to this chapter, he must sign a written statement received from the company, acknowledging that:
(a) The company has explained to him the nature and risks of investing through the company, including the possibility of default in payment, the fact that payments are not guaranteed, the resulting foreclosure and the losses that may result; and
(b) He is aware that the company is not a depository financial institution.
2. The investor must sign such a statement upon his initial investment only, and not before each subsequent investment.
3. The statement must be made on a form prescribed by the [administrator.] commissioner.
Sec. 29. NRS 645B.189 is hereby amended to read as follows:
645B.189 Each mortgage company shall submit any proposed advertisement it intends to use to the [administrator] commissioner for approval. The [administrator] commissioner shall, within 5 working days after receiving the advertisement, approve or disapprove its use and notify the company of that decision.
Sec. 30. NRS 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while [any such] the detective or officer is engaged in the performance of his official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while [any such] the officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any person employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists.
κ1987 Statutes of Nevada, Page 1887 (CHAPTER 758, SB 284)κ
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society of association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the [administrator] commissioner of financial institutions, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
10. To any bank organized under the laws of this state or to any national bank engaged in banking in this state.
Sec. 31. NRS 649.007 is hereby amended to read as follows:
649.007 [Administrator] Commissioner means the [administrator] commissioner of financial institutions.
Sec. 32. NRS 649.027 is hereby amended to read as follows:
649.027 Community means a contiguous area of the same economic unit or metropolitan area as determined by the [administrator,] commissioner, and may include all or a part of an incorporated city or several towns or cities.
Sec. 33. NRS 649.051 is hereby amended to read as follows:
649.051 The [administrator] commissioner shall administer and enforce the provisions of this chapter, subject to the administrative supervision of the director of the department of commerce.
Sec. 34. NRS 649.053 is hereby amended to read as follows:
649.053 The [administrator] commissioner shall:
1. Adopt such regulations as may be necessary to carry out the provisions of this chapter.
2. Make such surveys as may be necessary to determine the necessity and conditions for new or additional collection agencies in any community and use such surveys as a basis for making appropriate decisions on applications for collection agency licenses.
Sec. 35. NRS 649.056 is hereby amended to read as follows:
649.056 The [administrator] commissioner may:
1. By regulation prescribe for collection agencies the method and manner of:
(a) Keeping records.
(b) Preparing and filing financial and other reports.
(c) Handling trust funds and accounts.
(d) The transfer or assignment of accounts and other agreements.
(e) Using fair practices for the solicitation of business and collection of accounts.
κ1987 Statutes of Nevada, Page 1888 (CHAPTER 758, SB 284)κ
(f) The operation of such other phases of the business as may be necessary to promote the best interests of the industry and the public.
2. Conduct such investigations or examinations of collection agencies, their personnel, activities, books, records and other matters as may be necessary to ensure compliance with the purposes and provisions of this chapter.
Sec. 36. NRS 649.059 is hereby amended to read as follows:
649.059 The [administrator] commissioner may require collection agencies to submit any printed form of agreements, listing sheets, acknowledgments, communications or other documents used in its business for his approval or disapproval.
Sec. 37. NRS 649.061 is hereby amended to read as follows:
649.061 1. The [administrator] commissioner shall notify all applicants for licensure or certification of the results of any examination taken under this chapter, by certified mail, as soon as the results are available.
2. All examination papers must be kept on file in the office of the [administrator] commissioner for at least 1 year, after which they may be destroyed.
Sec. 38. NRS 649.065 is hereby amended to read as follows:
649.065 1. The [administrator] commissioner shall keep in his office, in a suitable record provided for the purpose, all applications for certificates, licenses and all bonds required to be filed under this chapter. The record must state the date of issuance or denial of the license or certificate and the date and nature of any action taken against any of them.
2. All licenses and certificates issued must be sufficiently identified in the record.
3. All renewals must be recorded in the same manner as originals, except that, in addition, the number of the preceding license or certificate issued must be recorded.
4. Except for confidential information contained therein, the record must be open for inspection as a public record in the office of the [administrator.] commissioner.
Sec. 39. NRS 649.075 is hereby amended to read as follows:
649.075 A person shall not conduct within this state a collection agency or engage within this state in the business of collecting claims for others, or of soliciting the right to collect or receive payment for another of any claim, or advertise, or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim, or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained a license from the [administrator.] commissioner.
Sec. 40. NRS 649.095 is hereby amended to read as follows:
649.095 1. An application for a license must be in writing and filed with the [administrator] commissioner on a form provided for that purpose.
2. The application must state:
(a) The name of the applicant and the name under which the applicant does business or expects to do business.
κ1987 Statutes of Nevada, Page 1889 (CHAPTER 758, SB 284)κ
(b) The address of the applicants business and residence, including street and number.
(c) The character of the business sought to be carried on.
(d) The locations by street and number where the business will be transacted.
(e) In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the manager.
(f) In the case of a corporation or voluntary association, the name and residential address of each of the directors and officers and the name and residential address of the manager.
(g) Any other information reasonably related to the applicants qualifications for the license which the [administrator] commissioner determines to be necessary.
3. The application must be subscribed by the applicant and acknowledged.
4. Every applicant may be examined concerning his competency, experience, character and qualifications by the [administrator] commissioner or his authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied. Every application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.
Sec. 41. NRS 649.105 is hereby amended to read as follows:
649.105 1. An applicant for a license shall file with the [administrator,] commissioner, concurrently with the application, a bond in the sum of $25,000, or an appropriate substitute pursuant to NRS 649.119, which must run to the State of Nevada. The bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
2. The bonds must be conditioned:
(a) That the principal, who must be the applicant and who must have been a resident of the State of Nevada for at least 6 months before the application, must, upon demand in writing, pay any customer from whom any claim for collection is received, the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and
(b) That the principal must comply with all requirements of this or any other statute with respect to the duties, obligations and liabilities of collection agencies.
Sec. 42. NRS 649.119 is hereby amended to read as follows:
649.119 1. An applicant for a license may deposit with any bank or trust company authorized to do business in this state, with the permission of the [administrator,] commissioner, as a substitute for the surety bond required by NRS 649.105:
(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;
κ1987 Statutes of Nevada, Page 1890 (CHAPTER 758, SB 284)κ
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, school district or other instrumentality of this state or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.
The deposit must be in a form approved by the [administrator.] commissioner.
2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond. With the approval of the [administrator,] commissioner, the depositor may substitute other suitable obligations for those deposited which must be assigned to the State of Nevada and are negotiable only upon approval by the [administrator.] commissioner.
3. Any interest or dividends earned on the deposit accrue to the account of the depositor.
4. The deposit must be an amount at least equal to the required surety bond and must state that the amount may not be withdrawn except by direct and sole order of the [administrator.] commissioner.
Sec. 43. NRS 649.125 is hereby amended to read as follows:
649.125 Upon receiving an application for a license and bond in proper form along with payment of the required fee, the [administrator] commissioner shall investigate all the facts stated in the application and the requirements of NRS 649.135.
Sec. 44. NRS 649.135 is hereby amended to read as follows:
649.135 The [administrator] commissioner shall enter an order approving the application for a license, keep on file his findings of fact pertaining thereto, and permit the applicant to take the required examination, if he finds that:
1. The applicant has met all the other requirements of this chapter pertaining to his qualifications and application; and
2. Allowing the applicant to engage in the collection agency business will promote the convenience and advantage of the community in which the business is to be located.
Sec. 45. NRS 649.145 is hereby amended to read as follows:
649.145 1. If the [administrator] commissioner enters an order approving the application in accordance with NRS 649.135 and the applicant passes the required examination and pays the required license fee, the [administrator] commissioner shall grant and issue a license to the applicant.
2. The license, when issued, must state:
(a) The name of the licensee.
(b) The locations by street and number where the licensee is authorized to carry on business.
(c) The number and the date of the license.
(d) That it is issued pursuant to this chapter, and that the licensee is authorized under this chapter.
κ1987 Statutes of Nevada, Page 1891 (CHAPTER 758, SB 284)κ
Sec. 46. NRS 649.155 is hereby amended to read as follows:
649.155 1. If the [administrator] commissioner finds that any application or applicant for a collection agency license does not meet the requirements of NRS 649.135 or the applicant fails to pass the required examination, he shall enter an order denying the application.
2. Within 10 days after the entry of such an order, the [administrator] commissioner shall mail or deliver to the applicant written notice of the denial in which all the reasons for such denial are stated.
Sec. 47. NRS 649.185 is hereby amended to read as follows:
649.185 Each person who is, or desires to become, the manager of a collection agency shall make application for a managers certificate to the [administrator] commissioner in accordance with the provisions of this chapter.
Sec. 48. NRS 649.196 is hereby amended to read as follows:
649.196 1. Each applicant for a managers certificate must:
(a) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(b) Be 21 years of age.
(c) Be of good moral character and not have been convicted of any crime involving moral turpitude.
(d) Not have committed any of the acts specified in NRS 649.215.
(e) Submit evidence of having had not less than 2 years full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.
(f) Pass the examination provided for.
(g) Pay the required fees.
(h) Submit three recent photographs and three sets of fingerprints in such form as the [administrator] commissioner prescribes.
(i) Submit such other information reasonably related to his qualifications for the managers certificate as the [administrator] commissioner determines to be necessary.
2. The [administrator,] commissioner, without a hearing, may refuse to issue a managers certificate if the applicant does not meet the requirements of paragraphs (a), (b), or (e) to (i), inclusive, of subsection 1.
3. If the [administrator] commissioner refuses to issue a managers certificate under this section, he shall notify the applicant in writing by certified mail stating the reasons for the refusal.
Sec. 49. NRS 649.205 is hereby amended to read as follows:
649.205 1. The [administrator] commissioner shall provide for managers examinations at such times and places as he may direct, at least twice each year.
2. The examinations must be of a length, scope and character which the [administrator] commissioner deems reasonably necessary to determine the fitness of the applicants to act as managers of collection agencies.
κ1987 Statutes of Nevada, Page 1892 (CHAPTER 758, SB 284)κ
3. The [administrator] commissioner may make such rules and regulations as may be necessary to carry out the purposes of this section.
Sec. 50. NRS 649.215 is hereby amended to read as follows:
649.215 The [administrator,] commissioner, after a hearing, may refuse to permit an applicant for a managers certificate to take the examination, or may suspend or revoke a managers certificate if the applicant or manager has:
1. Committed any act which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.
2. Been refused a license or certificate under this chapter or had a license or certificate suspended or revoked.
3. Participated in any act, which act was a basis for the refusal or revocation of a collection agency license.
4. Falsified any of the information submitted to the [administrator] commissioner in support of an application under this chapter.
5. Impersonated, or permitted or aided and abetted another to impersonate, a law enforcement officer or employee of the United States, a state or any political subdivision thereof.
6. Made any statement in connection with his employment with a collection agency with the intent to give an impression that he was a law enforcement officer of the United States, a state or political subdivision thereof.
7. Filed a voluntary petition in bankruptcy, or been the object of an involuntary petition, and has been adjudicated a bankrupt within 5 years preceding the filing of an application for granting renewal or reinstatement of a managers certificate.
Sec. 51. NRS 649.225 is hereby amended to read as follows:
649.225 1. The [administrator] commissioner shall issue a managers certificate to any applicant who meets the requirements of this chapter for the certificate.
2. Each manager holding a managers certificate issued pursuant to this chapter shall notify the [administrator] commissioner in writing of any change in his residence address within 10 days after the change.
Sec. 52. NRS 649.245 is hereby amended to read as follows:
649.245 1. A collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the office of the [administrator,] commissioner, on or before June 1 in each year following the year of original issuance, a renewal application, stating in addition to the matters required in the original application the date and number of the license or certificate which will expire. The renewal application must be accompanied by the renewal fee.
2. The [administrator] commissioner shall issue a renewal license or certificate to the applicant, which must be dated July 1 next ensuing the date of the application, in form and text like the original except that, in addition, the renewal must show the date and number of the earliest license or certificate issued.
κ1987 Statutes of Nevada, Page 1893 (CHAPTER 758, SB 284)κ
3. All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.
4. The [administrator] commissioner shall refuse to renew a certificate or license if at the time of application a proceeding to revoke or suspend the certificate or license is pending.
Sec. 53. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable fee of $250 for the application and survey must accompany each new application for a collection agency license. The applicant shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. All money received by the [administrator] commissioner pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
2. A fee of not less than $100 nor more than $300, prorated on the basis of the licensing year as provided by the [administrator,] commissioner, must be charged for each original collection agency license issued. A fee of $200 must be charged for each annual renewal of such a license.
3. A fee of $10 must be charged for each duplicate or location transfer license issued.
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a collection agency license.
5. A fee of $20 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the [administrator] commissioner for good cause shown.
8. For each examination the [administrator] commissioner shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
9. Except as otherwise provided in subsection 1, all money received by the [administrator] commissioner under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 54. NRS 649.325 is hereby amended to read as follows:
649.325 1. A collection agency shall not remove its business location from the place of business as stated in the license except upon prior approval by the [administrator] commissioner in writing.
2. In approving or disapproving the removal to a new location the [administrator] commissioner shall apply the standard specified in subsection 2 of NRS 649.135.
3. If the removal is approved, the [administrator] commissioner shall note the change upon the face of the license and enter in his records a notation of such location change.
κ1987 Statutes of Nevada, Page 1894 (CHAPTER 758, SB 284)κ
Sec. 55. NRS 649.330 is hereby amended to read as follows:
649.330 1. A collection agency shall immediately notify the [administrator] commissioner of any change:
(a) Of the manager of the agency; or
(b) If the agency is a corporation, in the ownership of 5 percent or more of its outstanding voting stock.
2. An application must be submitted to the [administrator,] commissioner, pursuant to NRS 649.095, by:
(a) The person who replaces the manager; and
(b) A person who acquires:
(1) At least 25 percent of the outstanding voting stock of an agency; or
(2) Any outstanding voting stock of an agency if the change will result in a change in the control of the agency.
Except as provided in subsection 4, the [administrator] commissioner shall conduct an investigation to determine whether the applicant has the competence, experience, character and qualifications necessary for the licensing of a collection agency. If the [administrator] commissioner denies the application, he may in his order forbid the applicant from participating in the business of the collection agency.
3. The collection agency with which the applicant is affiliated shall pay such expenses incurred in the investigation as the [administrator] commissioner deems necessary. All money received by the [administrator] commissioner pursuant to this subsection must be placed in the investigative fund created by NRS 232.285.
4. A collection agency may submit a written request to the [administrator] commissioner to waive an investigation pursuant to subsection 2. The [administrator] commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 56. NRS 649.335 is hereby amended to read as follows:
649.335 1. Every collection agency shall keep all records concerning each of its accounts for at least 6 years following the completion of the last transaction concerning such account.
2. The [administrator] commissioner shall inspect and conduct an examination of the books, records and accounts of each collection agency licensed under this chapter at least once every 3 years.
Sec. 57. NRS 649.345 is hereby amended to read as follows:
649.345 1. Each licensed collection agency shall file with the [administrator] commissioner an annual written report in January, signed and sworn to by its manager. Such report must include:
(a) The total sum of money due to all creditors as of the close of the last business day of the preceding month.
(b) The total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the bank or banks where the money is deposited.
κ1987 Statutes of Nevada, Page 1895 (CHAPTER 758, SB 284)κ
(c) The total amount of creditors or forwarders share of money collected more than 60 days before the last business day of the preceding month and not remitted by that date.
(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in that sum.
(e) Such other information, audit or reports as the [administrator] commissioner may require.
2. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agencys license or the managers certificate, or both.
Sec. 58. NRS 649.355 is hereby amended to read as follows:
649.355 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate bank account in which must be deposited all money collected. [Such] The account must bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. [Such] The trust account must at all times contain sufficient [funds] money to pay all money due or owing to all customers, and no disbursement may be made from such account except to customers or to pay costs advanced for such customers, except that a licensee may periodically withdraw from such account such money as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all [funds] money deposited in such account, which record shall indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and shall show clearly for whose account the money is deposited and to whom the money belongs. All such money must be remitted to the creditors respectively entitled thereto within 30 days following the end of the month in which payment is received. All such records and money are subject to inspection by the [administrator] commissioner or his authorized representative.
4. Any disclosed shortage in trust accounts must be made up by the licensee within 5 days after the [administrator] commissioner gives written notice to do so. If the licensee fails or refuses to make up the shortage within the time required, the [administrator] commissioner may do any one or more of the following, as may be warranted under the circumstances:
(a) Issue a cease and desist order prohibiting the licensee from accepting or collecting on any new claims or accounts.
(b) Suspend the licensees license, pending a hearing and determination of the case.
κ1987 Statutes of Nevada, Page 1896 (CHAPTER 758, SB 284)κ
(c) Compel the licensee to file within 48 hours of demand an additional bond in such form and amount as the [administrator] commissioner deems necessary to cover the shortage.
(d) Institute custodial, conservatorship, receivership or liquidation proceedings.
Sec. 59. NRS 649.375 is hereby amended to read as follows:
649.375 A collection agency, or its manager, agents or employees, shall not:
1. Use any device, subterfuge, pretense or deceptive means or representations to collect any debt, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
2. Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless any such interest as authorized by law has been added to the principal of the debt by the collection agency immediately upon receipt of such item of collection and described as such in the first communication had with the debtor for satisfaction of the total obligation then owed and outstanding, or unless such interest, charge, fee or expense have thereafter been judicially determined as proper and legally due from and chargeable against the debtor.
3. Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for [such] the assignment or transfer. [Such] The written consent must contain an agreement with the customer as to all terms and conditions of [such] the assignment or transfer, including the name and address of the intended assignee. Prior written consent of the [administrator] commissioner must also be obtained for any [such] bulk assignment or transfer of claims or accounts, and any [such] assignment or transfer may be regulated and made subject to such limitations or conditions as the [administrator] commissioner by regulation may reasonably prescribe.
4. Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the [administrator.] commissioner.
5. Harass a debtors employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the [administrator.] commissioner.
6. Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.
7. Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.
8. Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service whereby a debtor assigns or turns over to the counselor or prorater any of his earnings or other [funds] money for apportionment and payment of his debts or obligations.
κ1987 Statutes of Nevada, Page 1897 (CHAPTER 758, SB 284)κ
Sec. 60. NRS 649.385 is hereby amended to read as follows:
649.385 1. Upon the filing with the [administrator] commissioner of a verified complaint against any collection agency or manager, the [administrator] commissioner shall send a copy of the complaint to the accused and a copy to the attorney general.
2. The [administrator] commissioner may require the accused collection agency or manager to file a verified answer to the complaint within 10 days after service unless, for good cause shown, the [administrator] commissioner extends the time for a period not to exceed 60 days.
3. After the verified answer is filed, the accused is entitled to be heard on the complaint at an informal hearing. If the complaint is not explained to the satisfaction of the [administrator,] commissioner, he may take such action against the accused as may be authorized by the provisions of this chapter.
Sec. 61. NRS 649.395 is hereby amended to read as follows:
649.395 1. The [administrator] commissioner may suspend or revoke the license of a collection agency, by an order made in writing and filed in his office and served on the licensee by registered or certified mail at the address shown in the records of the [administrator,] commissioner, if:
(a) The licensee is adjudged liable in any court of law for breach of any bond given under the provisions of this chapter; or
(b) After notice and hearing, the licensee is found guilty of:
(1) Fraud or misrepresentation;
(2) An act or omission inconsistent with the faithful discharge of his duties and obligations; or
(3) A violation of any provision of this chapter.
2. Upon revocation of his license, all rights of the licensee under this chapter terminate, and no application may be received from any person whose license has once been revoked.
Sec. 62. Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:
Commissioner means the commissioner of financial institutions.
Sec. 63. NRS 657.005 is hereby amended to read as follows:
657.005 As used in this Title, except as otherwise specifically provided or the context otherwise requires, the words and terms defined in NRS [657.011] 657.016 to 657.085, inclusive, and section 11 of this act, have the meanings ascribed to them in those sections.
Sec. 64. NRS 657.045 is hereby amended to read as follows:
657.045 Insolvency means any one or more of the following:
1. When a bank cannot meet its deposit liabilities as they become due in the regular course of business.
2. When the actual cash market value of a banks assets is insufficient to pay its liabilities to depositors and other creditors.
3. When a banks reserve falls under the amount required by this Title, and it fails to make good such reserve within 30 days after being required to do so by the [administrator.] commissioner.
κ1987 Statutes of Nevada, Page 1898 (CHAPTER 758, SB 284)κ
4. Whenever the undivided profits and surplus are inadequate to cover losses of the bank and an impairment of the capital stock is created.
Sec. 65. NRS 658.015 is hereby amended to read as follows:
658.015 The [administrator] commissioner and the division of financial institutions shall administer the provisions of this Title, subject to administrative supervision by the director of the department of commerce.
Sec. 66. NRS 658.021 is hereby amended to read as follows:
658.021 The [administrator:] commissioner:
1. Must be a person who has had practical experience in banking, savings and loan associations or other financial institutions.
2. Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 67. NRS 658.025 is hereby amended to read as follows:
658.025 The [administrator] commissioner must not, either directly or indirectly, be interested in any bank or corporation to which this Title is applicable, except as a depositor, nor engage in business as a personal loan broker.
Sec. 68. NRS 658.035 is hereby amended to read as follows:
658.035 After appointment and before entering upon the discharge of the duties of his office, the [administrator] commissioner shall take and subscribe to an official oath.
Sec. 69. NRS 658.055 is hereby amended to read as follows:
658.055 1. The [administrator] commissioner may appoint deputy [administrators] commissioners of financial institutions, examiners, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties under this Title, Title 56 of NRS or under any other law. These employees shall perform such duties as may be assigned to them by the [administrator.] commissioner.
2. The [administrator] commissioner shall employ a certified public accountant to review and conduct independent audits and examinations of financial institutions. The [administrator] commissioner shall levy an assessment upon each licensed financial institution to cover all of the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
Sec. 70. NRS 658.065 is hereby amended to read as follows:
658.065 Every deputy [administrator] commissioner of financial institutions shall, before entering upon the discharge of his duties, take and subscribe to the constitutional oath of office.
Sec. 71. NRS 658.096 is hereby amended to read as follows:
658.096 1. The [administrator] commissioner shall charge and collect the following fees in connection with his official duties:
(a) For examination of state banks:
(1) A fee of $100 for each parent bank, payable on June 30 and December 31 of each year.
(2) A fee of $25 for each branch bank, payable on June 30 and December 31 of each year.
κ1987 Statutes of Nevada, Page 1899 (CHAPTER 758, SB 284)κ
(3) Based upon the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year, a fee of 10 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next $500,000,000, and 2 cents per $1,000 for amounts over $1,000,000,000.
(b) For applications for new branch banks, a nonrefundable fee of $250 for the application and survey to be paid by the applicant at the time of making the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. All money received by the [administrator] commissioner pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(c) For special bank examinations and the examination of trust departments of state banks, a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
2. Except as otherwise provided in paragraph (b) of subsection 1, all money collected under this section must be paid into the state general fund.
Sec. 72. NRS 658.105 is hereby amended to read as follows:
658.105 In addition to the other powers conferred upon him by this Title, the [administrator] commissioner shall:
1. Be charged with the enforcement of the provisions of this Title, subject to administrative supervision by the director of the department of commerce; and
2. Have the power to make and publish regulations for the governing of banks doing business under the provisions of this Title.
Sec. 73. NRS 658.115 is hereby amended to read as follows:
658.115 1. The [administrator] commissioner shall make summary orders in writing as provided in subsections 2 to 5, inclusive.
2. Whenever any banking corporation, a member of its board of directors or any officer, employee or stockholder of the corporation violates the corporations charter or any law related to banking, or, in the opinion of the [administrator,] commissioner, is conducting its business in an unauthorized or unsafe manner, the [administrator] commissioner shall forthwith issue an order, in writing, directing the discontinuance of the unauthorized or unsafe practices.
3. Whenever it appears to the [administrator] commissioner that the capital stock of any bank has been reduced in value below the requirements of law, or of its certificate of incorporation, he shall forthwith issue an order directing that the bank make good the deficiency forthwith or within a time specified in the order.
4. Whenever it appears to the [administrator] commissioner that either the total reserves or reserves on hand of any bank are below the amount required by law to be maintained, or that a bank is not keeping its reserves on hand as required by this Title, he shall forthwith issue an order directing that the bank make good its reserves forthwith, or within the time specified within the order, or that it keep its reserves on hand as required by this Title.
κ1987 Statutes of Nevada, Page 1900 (CHAPTER 758, SB 284)κ
within the order, or that it keep its reserves on hand as required by this Title.
5. Whenever it appears to the [administrator] commissioner that any bank to which this Title is applicable does not keep its books or accounts in such a manner as to enable the [administrator] commissioner readily to ascertain its true condition, he shall issue an order requiring the bank, or the officers thereof, or any of them, to open and keep its books or accounts as he may, in his discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of the bank.
Sec. 74. NRS 658.125 is hereby amended to read as follows:
658.125 Any bank aggrieved by any decision or order issued by the [administrator] commissioner or any member of his staff must appeal to the state board of finance if a review of the decision or order is desired. The appeal must be made within 15 days after the decision or order is issued.
Sec. 75. NRS 658.135 is hereby amended to read as follows:
658.135 All licenses, orders and certificates issued by the [administrator] commissioner must be attested by the seal of the division of financial institutions and by the signature of the [administrator.] commissioner.
Sec. 76. NRS 658.145 is hereby amended to read as follows:
658.145 1. The [administrator] commissioner may offer, under such conditions as he may deem proper, rewards not to exceed the sum of $500 in any one case for the arrest and conviction of any officer, director, agent or employee of any bank charged with violating any of the laws of this state relating to banks and banking for which a criminal penalty is provided, or for the arrest and conviction of any person charged with stealing, with or without force, any money, property or thing of value of any bank.
2. The state treasurer shall pay out of the state general fund all such rewards when they are approved by the state board of examiners in the usual manner for allowing other claims against the state.
Sec. 77. NRS 658.151 is hereby amended to read as follows:
658.151 1. The [administrator] commissioner may forthwith take possession of the business and property of any depository institution to which this Title or Title 56 of NRS applies when it appears that the depository institution:
(a) Has violated its charter or any laws applicable thereto.
(b) Is conducting its business in an unauthorized or unsafe manner.
(c) Is in an unsafe or unsound condition to transact its business.
(d) Has an impairment of its capital stock.
(e) Has refused to pay its depositors in accordance with the terms on which such deposits were received, or has refused to pay its holders of certificates of indebtedness or investment in accordance with the terms upon which such certificates of indebtedness or investment were sold.
(f) Has become otherwise insolvent.
(g) Has neglected or refused to comply with the terms of a duly issued lawful order of the [administrator.] commissioner.
κ1987 Statutes of Nevada, Page 1901 (CHAPTER 758, SB 284)κ
(h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of a duly appointed or authorized examiner of the [administrator.] commissioner.
(i) Has made a voluntary assignment of its assets to trustees.
2. The [administrator] commissioner also may forthwith take possession of the business and property of any depository institution to which this Title or Title 56 of NRS applies when it appears that the officers of the depository institution have refused to be examined upon oath regarding its affairs.
Sec. 78. NRS 658.155 is hereby amended to read as follows:
658.155 Any member of the state board of finance, the [administrator] commissioner or any member of his staff, who willfully neglects to perform any duty required by this Title, or who knowingly makes any false statement concerning any bank, or any injurious statement concerning any bank, except in the exercise of his duty, or who is guilty of malfeasance or corruption in office, shall, be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and in addition [shall] must be removed from office.
Sec. 79. NRS 658.175 is hereby amended to read as follows:
658.175 Notwithstanding any other provisions of this Title, the state board of finance, in the exercise of its authority to review the action of the [administrator,] commissioner, is bound by the requirements, conditions and limitations imposed by this Title on the [administrator] commissioner as to the certification of new banks or the establishment of branch banks.
Sec. 80. NRS 658.185 is hereby amended to read as follows:
658.185 In addition to the express powers, duties and functions given to the [administrator] commissioner by this Title, the [administrator] commissioner has such other powers and rights as may be necessary or incident to the proper discharge of his duties.
Sec. 81. NRS 658.195 is hereby amended to read as follows:
658.195 1. The [administrator] commissioner may sue and prosecute or defend in any action or proceeding in any court of this state or any other state and in any court of the United States for the enforcement or protection of any right or pursuit of any remedy necessary or proper in connection with the subjects committee to him for administration or in connection with any bank or the rights, liabilities, property or assets thereof, under his supervision.
2. The [administrator] commissioner is not liable to be sued except as other departments and agencies of the state may be liable under the general law.
Sec. 82. NRS 659.035 is hereby amended to read as follows:
659.035 1. The articles of incorporation must be signed by the original incorporators, or a majority of them, and must be proved or acknowledged before a person authorized under the laws of this state to take proof or acknowledgment of deeds, and must be filed in the office of the secretary of state.
κ1987 Statutes of Nevada, Page 1902 (CHAPTER 758, SB 284)κ
2. The secretary of state shall forthwith transmit to the [administrator] commissioner a copy of the articles of incorporation, and shall not issue a corporation charter certificate or record the articles of incorporation until authorized to do so by the [administrator] commissioner as provided in NRS 659.065.
Sec. 83. NRS 659.045 is hereby amended to read as follows:
659.045 1. Upon receipt of a copy of the articles of incorporation of the proposed bank, the [administrator] commissioner shall at once examine into all of the facts connected with the formation of such proposed banking corporation, including its location and proposed stockholders. If it appears that the corporation, if formed, will be lawfully entitled to commence the business of banking, the [administrator] commissioner shall so certify to the secretary of state, unless upon examination and investigation he finds that:
(a) The proposed corporation is formed for any other than legitimate banking business;
(b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers and other managerial officials of the corporation are not such as to command the confidence of the community in which the bank is proposed to be located;
(c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the then existing bank or banks in the community;
(d) The name of the proposed corporation is likely to mislead the public as to its character or purpose; or
(e) The proposed name is the same as the one already adopted or appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.
2. The [administrator] commissioner shall not make the certification to the secretary of state until he has ascertained that the establishment of [such] the bank will meet the needs and promote the convenience of the community to be served by the bank.
3. A nonrefundable fee of $3,000 for the application and survey must be submitted to the [administrator] commissioner at the time the articles of incorporation are filed with the secretary of state. The proposed banking corporation shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. All money received by the [administrator] commissioner pursuant to this section must be placed in the investigative fund created by NRS 232.285.
Sec. 84. NRS 659.055 is hereby amended to read as follows:
659.055 Any person aggrieved by any decision of the [administrator] commissioner made under NRS 659.045 may appeal to the state board of finance if a review of the decision is desired. The appeal must be made within 15 days after the [administrator] commissioner makes his decision. If an appeal is taken, the state board of finance shall conduct a full hearing.
Sec. 85. NRS 659.065 is hereby amended to read as follows:
659.065 1. Upon receipt of the certification from the [administrator,] commissioner, the secretary of state shall, if the articles of incorporation are in accordance with law, issue the articles and cause them to be recorded in his office.
κ1987 Statutes of Nevada, Page 1903 (CHAPTER 758, SB 284)κ
in accordance with law, issue the articles and cause them to be recorded in his office. The secretary of state shall, upon the payment of the organization fees, certify under his official seal two copies of the articles of incorporation. One [of such copies] copy must forthwith be filed in the office of the county clerk of the county where the principal office of [such] the banking corporation in this state is to be located. The other certified copy must be filed in the office of the [administrator.] commissioner.
2. Upon completion of the requirements of subsection 1, the banking corporation must be legally constituted a corporation under the name stated in the articles of incorporation.
3. The articles of incorporation, or a copy thereof, certified by the secretary of state or the county clerk of the county in which such articles are recorded, or by the [administrator,] commissioner, under their respective seals, must be evidence in all courts and places, and must, in all judicial proceedings, be prima facie evidence of the complete organization and incorporation of the banking corporation purporting thereby to have been established.
4. The corporation charter certificate of any bank is void if such bank fails to complete its organization and open for business to the public within 6 months after the date of filing its articles of incorporation with the secretary of state. The [administrator] commissioner may extend such 6-month limitation for good cause.
Sec. 86. NRS 659.075 is hereby amended to read as follows:
659.075 1. Subject to subsection 2, the capital stock of every bank must be fully paid in, in cash, before it is authorized by the [administrator] commissioner to commence business. The full payment in cash of the capital stock must be certified to the [administrator] commissioner under oath by the president and cashier of the bank.
2. The stock sold by any bank in process of organization, or for an increase of the capital stock, must be accounted for to the bank in the full amount paid for it. No commission or fee may be paid to any person, association or corporation for selling such stock. The [administrator] commissioner shall refuse any bank the authority to commence business if commissions or fees have been paid, or have been contracted to be paid by the bank, or by anyone in its behalf, to any person, association or corporation for securing subscriptions for or selling stock in such bank.
Sec. 87. NRS 659.085 is hereby amended to read as follows:
659.085 Before the banking corporation begins the business of banking, banking and trust or fiduciary business, it shall file with the [administrator:] commissioner:
1. A statement under oath by the president or cashier, containing the names of all the directors and officers, with the date of their election or appointment, terms of office, residences and post office address of each, the amount of capital stock of which each is the owner in good faith and the amount of money paid in on account of the capital stock. Nothing may be received in payment of capital stock but money.
κ1987 Statutes of Nevada, Page 1904 (CHAPTER 758, SB 284)κ
2. Proof that the bank is a member of the Federal Deposit Insurance Corporation.
Sec. 88. NRS 659.095 is hereby amended to read as follows:
659.095 1. Upon filing of the statement and proof by the banking corporation as required by NRS 659.085, the [administrator] commissioner shall examine into its affairs, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each director, the amount of capital stock of which each is the owner in good faith, and whether the banking corporation has complied with all the provisions of law required to entitle it to engage in business.
2. If upon the examination the [administrator] commissioner finds that the banking corporation is lawfully entitled to commence the business of banking, banking and trust or fiduciary business, he shall give to such banking corporation a certificate signed by the [administrator] commissioner that the corporation has complied with all the provisions of the law required, before commencing the business of banking, and that the corporation is authorized to commence business.
Sec. 89. NRS 659.105 is hereby amended to read as follows:
659.105 No banking corporation may transact any business except such as is incidental and necessarily preliminary to its organization until it has been authorized to do so by the [administrator.] commissioner.
Sec. 90. NRS 659.115 is hereby amended to read as follows:
659.115 1. No corporation, except a bank doing business under the laws of the United States, may engage in the banking business in this state without first obtaining from the [administrator,] commissioner, as provided in this section, a license authorizing the corporation to use the name and transact the business of a bank. The transacting of any banking business without such authority is a gross misdemeanor.
2. The amount of fees to be paid for the license must be regulated in proportion to its authorized capitalization, as follows:
(a) A bank having a capitalization of more than $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A bank having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A bank having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
3. In addition to the provisions of subsection 2, every such bank shall pay a license fee of $100 for each branch bank or branch office maintained by it.
4. Every such bank shall pay annually thereafter, on April 1 of each year, a license fee equal to the original license fee provided in this section.
5. All money collected under the provisions of this section must be paid into the state general fund and the state treasurer is required to issue his receipt therefor.
6. The provisions of this section do not apply to any bank while any portion of its deposits are restricted as to withdrawal pursuant to the provisions of this Title authorizing such restriction of withdrawals.
κ1987 Statutes of Nevada, Page 1905 (CHAPTER 758, SB 284)κ
Sec. 91. NRS 660.015 is hereby amended to read as follows:
660.015 1. Banks organized under this Title may maintain branch offices but the location of the principal office and the parent bank must be within this state.
2. Additional branch offices may be from time to time established by the board of directors with the written consent of the [administrator.] commissioner.
3. A bank may discontinue a branch office upon resolution of its board of directors. Upon the adoption of [such a] the resolution, the bank shall file a certification with the [administrator] commissioner specifying the location of the branch office to be discontinued and the date upon which it is proposed that the discontinuance is to be effective. This certificate must state the reasons for the closing of the branch office and indicate that the needs and conveniences of the community would still be adequately met. Notice stating the intention to discontinue the branch office must be published in a newspaper serving the community once a week for 4 consecutive weeks before any certificate requesting discontinuance is filed with the [administrator. No such] commissioner. No branch office may be discontinued until approved by the [administrator,] commissioner, who shall first hold a public hearing thereon, if so requested by any interested person.
4. Any action taken by the [administrator] commissioner pursuant to this section is subject to review in the same manner as provided in NRS 659.055.
Sec. 92. NRS 660.025 is hereby amended to read as follows:
660.025 1. As used in this section service center is a place where functions of a bank are performed that do not involve the receiving of deposits, making of loans or withdrawals or the handling of cash.
2. Banks organized under this Title may establish and maintain one or more service centers according to their needs.
3. A service center may be established by a bank by the vote of its board of directors. The bank shall inform the [administrator] commissioner in writing of its intention to establish a service center and the location thereof.
4. A service center does not constitute branch banking. No license, certificate or prior approval of the [administrator,] commissioner, of the division of financial institutions or of the department of commerce is necessary before a service center may be established.
Sec. 93. NRS 660.035 is hereby amended to read as follows:
660.035 1. Any bank organized under the laws of this state possessing a capital and surplus of $1,000,000 or more may file an application with the [administrator] commissioner for permission to establish, upon conditions and under such regulations as may be prescribed by the [administrator,] commissioner, branches in foreign countries or dependencies or singular possessions of the United States for the furtherance of the foreign commerce of the United States, and to act, if required to do so, as fiscal agents of the United States.
2. The application must specify:
κ1987 Statutes of Nevada, Page 1906 (CHAPTER 758, SB 284)κ
(a) The name, capital and surplus of the bank filing it.
(b) The powers applied for.
(c) The place or places where the banking operations are to be carried on.
3. The [administrator] commissioner may:
(a) Approve or reject such application in whole or in part if for any reason the granting of such application is deemed inexpedient.
(b) From time to time to increase or decrease the number of places where such banking operations may be carried on.
4. Every bank operating foreign branches must be required to furnish information concerning the condition of such branches to the [administrator] commissioner upon demand, and the [administrator] commissioner may order special examinations of such branches at such time or times as he may deem best.
5. Each bank shall conduct the accounts of each foreign branch independently of the accounts of other foreign branches established by it and of its home office, and shall at the end of each year transfer to its general ledger the profit or loss accrued at each branch as a separate item.
Sec. 94. NRS 660.065 is hereby amended to read as follows:
660.065 1. When authorized by the [administrator,] commissioner, a financial institution may establish and operate one or more offices for mechanical tellers in this state.
2. For the purposes of NRS 660.045 to 660.095, inclusive, [this Title and Title 56 of NRS, an office for mechanical tellers is not a branch office of a financial institution organized under the provisions of this Title or Title 56 of NRS.
Sec. 95. NRS 660.075 is hereby amended to read as follows:
660.075 An application for authority to establish and operate one or more offices for mechanical tellers must be made to the [administrator] commissioner on the form prescribed by him and accompanied by a fee of $100 per teller. If the [administrator] commissioner approves the application, the financial institution must pay an annual fee of $50 for each mechanical teller that it operates.
Sec. 96. NRS 660.085 is hereby amended to read as follows:
660.085 1. If a financial institution wishes to discontinue the operation of an office for mechanical tellers, it must notify the [administrator] commissioner in writing not less than 30 days before the proposed date for discontinuance. The notice must state the reasons for the closing of the office and indicate that the needs and convenience of the community in which the office is located would still be adequately met.
2. If the [administrator] commissioner determines that the discontinuance would significantly limit financial services which would be available to the residents of the community in which the office is located, he shall so notify the institution. The institution must then cause notice of its intention to discontinue the operation of the office to be published in a newspaper serving that community once a week for 4 consecutive weeks. The operation of the office may not be discontinued until approved by the [administrator,] commissioner, who shall first hold a public hearing thereon if requested by any interested person.
κ1987 Statutes of Nevada, Page 1907 (CHAPTER 758, SB 284)κ
commissioner, who shall first hold a public hearing thereon if requested by any interested person.
3. Any action taken by the [administrator] commissioner pursuant to subsection 2 is subject to review in the same manner as provided in NRS 659.055
Sec. 97. NRS 660.095 is hereby amended to read as follows:
660.095 A financial institution may share the space in an office for mechanical tellers with another financial institution or such other persons as the [administrator] commissioner may approve.
Sec. 98. NRS 661.015 is hereby amended to read as follows:
661.015 No bank may be:
1. Organized with a less capital than $250,000, or in such greater amount as may be required by the [administrator,] commissioner, and paid-up surplus of $50,000, or in such greater amount as may be required by the [administrator,] commissioner, and the full amount of the capital and surplus of any bank must be paid in cash, exclusive of all organization expenses, except as otherwise provided in this Title, before it may be authorized to commence the business of banking.
2. Organized or authorized to do banking or banking and trust business unless it is a member in good standing of the Federal Deposit Insurance Corporation.
Sec. 99. NRS 661.025 is hereby amended to read as follows:
661.025 1. The paid-up capital, together with the surplus, undivided profits, capital notes, debentures and reserves for losses of any state bank, must, subject to the limitations of NRS 661.015, be at least 6 percent of the total deposit liability of the bank as may be determined by the [administrator.] commissioner. In determining the amount of paid-up capital, surplus, undivided profits, capital notes, debentures and reserves for losses that will be required, the [administrator] commissioner shall give due consideration to the character and liquidity of the assets of the bank and to the standards regarding capital requirements established by other state and federal banking supervising agencies.
2. The [administrator] commissioner shall, for the purpose of determining capital requirements for any state bank, include capital, surplus, undivided profits, capital notes, debentures and any reserve for losses, and may include as capital 6 percent of the par value of all unpledged United States Government bonds owned by the bank.
3. The deposit liability for the purposes of this section must be the average of daily deposit liabilities for the preceding 60 calendar days.
4. Nothing in this section prohibits the acceptance of deposits by any bank while it is proceeding expeditiously, as determined by the [administrator,] commissioner, to comply with the provisions of this section.
Sec. 100. NRS 661.035 is hereby amended to read as follows:
661.035 1. A banking corporation doing business under the provisions of this Title may increase its capital stock as provided by law for other corporations.
κ1987 Statutes of Nevada, Page 1908 (CHAPTER 758, SB 284)κ
2. A bank may, with the approval of the [administrator] commissioner and by the vote of the holders of at least two-thirds of the stock of the particular class or classes of stock entitled to vote on such proposal, amend its charter to authorize an increase in the authorized but unissued common stock of the bank. Any such authorized increase of stock must be free from preemptive rights.
3. The authorized but unissued stock may be issued from time to time to officers or employees of the bank pursuant to a stock option or stock purchase plan adopted in accordance with this Title.
Sec. 101. NRS 661.046 is hereby amended to read as follows:
661.046 1. Except as provided in subsection 2, a corporation doing business under the provisions of this Title may reduce its capital stock in the manner provided for other corporations upon a vote in favor of the decrease of two-thirds in interest of each class of stockholders with voting powers.
2. No bank may reduce its capital stock to an amount less than the minimum required by law. The reduction is not valid or does not warrant the cancellation of stock certificates until it has been approved by the [administrator.] commissioner. The approval must not be given except upon a finding by the [administrator] commissioner that the security of existing creditors of the corporation will not be impaired.
Sec. 102. NRS 661.085 is hereby amended to read as follows:
661.085 1. If the capital of any bank has become impaired and the surplus and undivided profits of that bank are insufficient to make the impairment good, the [administrator] commissioner shall notify the bank to make the impairment good within 60 days of the notice by an assessment upon the stockholders of the bank.
2. The officers and directors of the bank receiving the notice shall immediately call a special meeting of the stockholders for the purpose of making an assessment upon its stockholders payable in cash sufficient to cover the impairment of the capital. The assessment must be made at that meeting unless the capital of the bank is reduced to the extent of the impairment as provided in NRS 661.046.
3. If any stockholder of the bank neglects or refuses to pay the required assessment, the board of directors shall, to make good the deficiency, cause a sufficient amount of the capital stock of the stockholder or stockholders to be sold at public auction, upon 30 days notice. The notice must be given by posting a notice of the sale in the office of the bank and by publishing the notice in a newspaper in the place where the bank is located, or if there is no newspaper there, then in a newspaper circulating in the county in which the bank is located. The balance, if any, over and above the deficiency, must be returned to the delinquent shareholder or shareholders.
4. If, within 3 months after receiving notice from the [administrator,] commissioner, the bank fails to make good the deficiency in its capital stock, the [administrator] commissioner may forthwith take possession of the property and business of the bank until its affairs are finally liquidated as provided by law.
κ1987 Statutes of Nevada, Page 1909 (CHAPTER 758, SB 284)κ
5. A sale of stock as provided in this section effects an absolute cancellation of any outstanding certificate or certificates evidencing the stock so sold, and the certificate is void. A new certificate must be issued by the bank to the purchaser of any stock for which an outstanding certificate was canceled.
Sec. 103. NRS 661.105 is hereby amended to read as follows:
661.105 1. Notwithstanding any other provision of law, any banking corporation organized under the laws of this state may, with the approval of the [administrator] commissioner and by vote of shareholders owning a majority of the stock of such corporation, upon not less than 10 days notice given by registered or certified mail pursuant to action taken by its board of directors, issue preferred stock of one or more classes, in such amount and with such par value as is approved by the [administrator,] commissioner, and make such amendments to its articles of incorporation as may be necessary for this purpose; but, in the case of a newly organized banking corporation which has not yet issued common stock, the requirements of notice to and vote of shareholders does not apply.
2. No issue of preferred stock is valid until the par value of all stock so issued is paid in.
3. Any preferred stock lawfully issued by a banking corporation organized under the laws of this state must be included in determining whether such banking corporation has complied with the minimum capital requirements provided by this Title.
4. Such preferred stock must in no case be subject to any assessment.
5. The holders of such preferred stock shall not be held individually responsible as such holders for any debts, contract or engagements of such banking corporation, and must not be held liable for assessments to restore impairments in the capital of such corporation.
6. Preferred stock has such voting rights and is subject to retirement in such manner and upon such terms and conditions as may be provided in the articles of incorporation of new banks or amendments to the articles of incorporation of existing banks.
7. No dividends may be declared or paid on common stock until all cumulative dividends on the preferred stock have been paid in full; and if the bank is liquidated, either through voluntary or involuntary proceedings, and if all depositors and creditors are paid in full, then the preferred stockholders must be paid the full par value of their stock, plus all cumulated dividends [prior to] before any distribution to holders of common stock.
Sec. 104. NRS 661.115 is hereby amended to read as follows:
661.115 1. The president and cashier of every bank shall cause to be kept at all times in the banking room where the banks business is transacted, a full and correct list of the names and places of residence of its stockholders, and the number of shares held by each.
2. The list must be open to the inspection of the officers authorized to assess taxes under state authority during the business hours of each day in which business may be legally transacted.
κ1987 Statutes of Nevada, Page 1910 (CHAPTER 758, SB 284)κ
3. On the 1st Monday in January of each year, a copy of [such] the list, verified by the oath of the president or cashier, must be transmitted to the [administrator] commissioner and must be filed in his office for the confidential use of the [administrator.] commissioner.
Sec. 105. NRS 661.125 is hereby amended to read as follows:
661.125 1. As used in this section, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of the bank, or a change in the ownership of as must as 25 percent of the outstanding voting stock in any bank.
2. If there is a change in ownership of 5 percent or more of the outstanding voting stock of any bank, the president or other chief executive officer of the bank shall report the facts to the [administrator] commissioner within 24 hours after obtaining knowledge of the change.
3. Whenever a loan or loans are made by a bank, which loan or loans are, or are to be, secured by 10 percent or more of the voting stock of a Nevada bank, the president or other chief executive officer of the bank which makes the loan or loans shall report that fact to the [administrator] commissioner within 24 hours after obtaining knowledge of the loan or loans, except when the borrower has been the owner of record of the stock for a period of 1 year or more, or the stock is of a newly organized bank before its opening.
4. The reports required in subsections 2 and 3 must be in addition to any reports required by any other law and must contain whatever information is available to inform the [administrator] commissioner of the effect of the transaction upon control of the bank whose stock is involved, and must contain, when known by the person making the report:
(a) The number of shares involved;
(b) The identity of the sellers or transferors and purchasers or transferees of record;
(c) The identity of the beneficial owners of the shares involved;
(d) The purchase price;
(e) The total number of shares owned by the sellers or transferors and purchasers of transferees of record, both immediately before and after the transaction being reported;
(f) The total number of shares owned by the beneficial owners of the shares involved, both immediately before and after the transaction being reported;
(g) The identity of borrowers;
(h) The name of the bank issuing the stock securing the loan; and
(i) The number of shares securing the loan and the amount of the loan or loans.
5. Each bank shall report to the [administrator] commissioner within 24 hours any changes in chief executive officers or directors, including in its report a statement of the past and current business and professional affiliations of new chief executive officers or directors. Any new chief executive officer shall furnish to the [administrator] commissioner a complete financial statement as may be required by the [administrator.] commissioner.
κ1987 Statutes of Nevada, Page 1911 (CHAPTER 758, SB 284)κ
6. An application pursuant to NRS 659.045 must be submitted to the [administrator] commissioner by the person who acquires stock resulting in a change of control of the bank. Except as provided in subsection 8, the [administrator] commissioner shall conduct an investigation to determine whether the character, general fitness and responsibility of the applicant is such as to command the confidence of the community in which the bank is located.
7. The bank with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the [administrator] commissioner requires. All money received by the [administrator] commissioner pursuant to this subsection must be placed in the investigative fund created by NRS 232.285. If the [administrator] commissioner denies the application, he may forbid the applicant from participating in the business of the bank.
8. A bank may submit a written request to the [administrator] commissioner to waive an investigation pursuant to subsection 6. The [administrator] commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 106. NRS 661.155 is hereby amended to read as follows:
661.155 1. A director, when selected, shall take an oath that:
(a) He will, so far as the duty devolves upon him, diligently and honestly administer the affairs of [such] a bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this Title.
(b) He is the owner, in good faith and in his own right, of the number of shares of stock required by this Title standing in his name on the books of the corporation, and that they are not hypothecated or in any way pledged as security for any loan or debt.
2. [Such] The oath, subscribed by the director making it and certified by the notary public before whom it was taken, shall be immediately transmitted to the [administrator] commissioner and must be filed and preserved in his office.
Sec. 107. NRS 661.185 is hereby amended to read as follows:
661.185 1. The active officers and employees of any bank before entering upon their duties shall give bond to the bank in a surety company authorized to do business in Nevada, in the amount required by the directors and upon such form as may be approved by the [administrator,] commissioner, the premium for such bond to be paid by the bank.
2. The [administrator] commissioner or directors of such bank may require an increase of the amount of such bond whenever they deem it necessary. If injured by the breach of any bond given hereunder, the bank so injured may commence an action and recover such damages as it may have sustained.
Sec. 108. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations, a bank may:
(a) Exercise by its board of directors or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property.
κ1987 Statutes of Nevada, Page 1912 (CHAPTER 758, SB 284)κ
discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. At the time of making loans, banks may take and receive interest or discounts in advance.
(b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearing house association and pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the [administrator.] commissioner.
(g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations which may be adopted by the [administrator.] commissioner.
2. A bank may purchase, hold and convey real property:
(a) Such as is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment must not exceed 60 percent of its capital accounts plus subordinated capital notes and debentures; but the [administrator] commissioner may, in his discretion, authorize any bank located in a city [having a population of] whose population is more than 5,000 to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures.
(b) Such as is mortgaged to it in good faith by way of security for loans made or money due to the bank.
(c) Such as is permitted by NRS 662.103.
3. Nothing in this section prohibits any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it; but that real property may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the [administrator] commissioner may require.
Sec. 109. NRS 662.025 is hereby amended to read as follows:
662.025 Subject to the approval of the [administrator,] commissioner, and on the authority of a majority of its board of directors, a bank may:
1. Enter into such contracts, incur such obligations and generally do and perform any or all such acts and things whatsoever as may be necessary or appropriate in order to take advantage of any or all memberships, loans, subscriptions, contracts, grants, rights or privileges which may at any time be available to inure to banking institutions, or to their depositors, creditors, stockholders, conservators, receivers or liquidators, by virtue of those provisions of the Federal Deposit Insurance Act (12 U.S.C.
κ1987 Statutes of Nevada, Page 1913 (CHAPTER 758, SB 284)κ
stockholders, conservators, receivers or liquidators, by virtue of those provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811-1831) which creates the Federal Deposit Insurance Corporation and provides for the insurance of deposits, or of any other provisions of that or any other act or resolution of the Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments to such acts, laws or resolutions or substitutions therefor.
2. Subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation and shall comply with the lawful regulations and requirements from time to time issued or made by the Federal Deposit Insurance Corporation.
Sec. 110. NRS 662.035 is hereby amended to read as follows:
662.035 1. A bank may maintain separate departments and deposit in its commercial department to the credit of its trust department all uninvested fiduciary [funds] moneys of cash and secure, under rules and regulations of the [administrator,] commissioner, all such deposits in the name of the trust department, whether in consolidated deposits or for separate fiduciary accounts, by segregating and delivering to the trust department [such securities as may be] securities which are eligible for the security of [funds] money of the State of Nevada under subsection 1 of NRS 356.020. Such securities must be held by the trust department as security for the full payment or repayment of all such deposits and must be kept separate and apart from other assets of the trust department. Until all such deposits have been accounted for to the trust department or to the individual fiduciary account, no creditor of the bank has any claim or right to such securities.
2. When fiduciary [funds are] money is deposited by the trust department in the commercial department of the bank, the deposit thereof does not constitute a use of such [funds] money in the general business of the bank and the bank in [such] this instance is not liable for interest on such [funds.] money.
3. To the extent and in the amount such deposits may be insured by the Federal Deposit Insurance Corporation, the amount of security required for such deposits may be reduced.
4. The [administrator] commissioner may make such regulations as he [may deem] deems necessary for the enforcement of the provisions of this section.
Sec. 111. NRS 662.065 is hereby amended to read as follows:
662.065 1. As used in this section, private security means a marketable obligation in the form of a bond, note or debenture which is commonly regarded as an investment security. It does not include investments which are predominantly speculative in nature.
2. A bank may purchase a private security for its own account when in its prudent banking judgment, which may be based in part upon estimates which it believes to be reliable, it determines that:
(a) There is adequate evidence that the obligor will be able to perform all that it undertakes to perform in connection with the security, including all debt service requirements; and
κ1987 Statutes of Nevada, Page 1914 (CHAPTER 758, SB 284)κ
(b) The security may be sold with reasonable promptness at a price which corresponds reasonably to its fair value.
3. A bank may purchase a private security for its own account, although its judgment with respect to the obligors ability to perform is based predominantly upon estimates which it believes to be reliable. Although the appraisal of the prospects of any obligor will generally be based in part upon estimates, it is the purpose of this subsection to permit a bank to exercise a broader range of judgment with respect to a more restricted portion of its investment portfolio. This authority may be exercised not only in the absence of a record of performance, but also when there are prospects for improved performance.
4. A bank may consider as a factor in reaching its prudent banking judgment with respect to a private security, a ruling published by the [administrator] commissioner on the eligibility of such security for purchase. Consideration must be given to the possibility that circumstances on which the ruling was based, may have changed since the time of the ruling.
5. Subject to the limitations of NRS 662.155, the investment in any private securities of any one obligor may at no time be more than 25 percent of the unimpaired capital and permanent surplus of any bank.
Sec. 112. NRS 662.075 is hereby amended to read as follows:
662.075 1. Notwithstanding any restrictions or limitations on securities for deposits of public money contained in any law of this state, the bonds, debentures, securities or other similar obligations issued pursuant to:
(a) The Federal Farm Loan Act, as amended;
(b) The Farm Credit Act of 1933, as amended;
(c) The Federal Home Loan Bank Act of 1932, as amended;
(d) The Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended; and
(e) Any other federal act or authority, the bonds, debentures, securities or other similar obligations of which have been approved by the [administrator] commissioner for investment,
are, without limitation, authorized securities for all deposits of public money for the State of Nevada, of agencies of the State of Nevada, of counties of the State of Nevada, and of municipalities and other political subdivisions of the State of Nevada.
2. This section is cumulative to all other laws relating to securities for deposits of public money.
Sec. 113. NRS 662.095 is hereby amended to read as follows:
662.095 1. To the same extent that a bank may invest its [funds] money in obligations of the United States, a bank may invest its [funds] money and may invest the money in its custody or possession which is eligible for investment:
(a) In bonds or notes secured by a mortgage or deed of trust insured or guaranteed by the Federal Housing Administrator or the Veterans Administration;
(b) In mortgages on real property which have been accepted for insurance by the Federal Housing Administrator of Veterans Administration; and
κ1987 Statutes of Nevada, Page 1915 (CHAPTER 758, SB 284)κ
(c) In obligations of national mortgage associations or bonds, debentures, consolidated bonds or other obligations of any Federal Home Loan Bank or Banks.
2. A bank may make such loans:
(a) Secured by real property, as the Federal Housing Administrator or Veterans Administration has insured or has made a commitment to insure, and may obtain such insurance.
(b) As are insured or guaranteed by the Federal Housing Administrator, and on being approved as eligible for credit insurance by the Veterans Administration, may make such loans as are insured or guaranteed by the Veterans Administration.
3. Whenever by statute of this state:
(a) Collateral is required as security for the deposit of public [funds;] money;
(b) Deposits are required to be made with any public officer or department; or
(c) An investment of capital or surplus, or a reserve or other fund is required to be maintained, consisting of designated securities,
bonds and notes secured by a mortgage or deed of trust insured by the Federal Housing Administrator or Veterans Administration, debentures issued by the Federal Housing Administrator and obligations of national mortgage associations shall be eligible for such purposes.
4. No law of this state prescribing the nature, amount or form of security, or requiring security upon which loans or investments may be made, or prescribing or limiting the rates of time of payment of the interest any obligation may bear, or prescribing or limiting the period for which loans or investments may be made, applies to loans or investments made pursuant to this section.
Sec. 114. NRS 662.103 is hereby amended to read as follows:
662.103 1. A bank may invest in real property for development, directly or through partnerships, joint ventures or other indirect methods. Any such investment must not exceed the market value or appraisal as evidenced by a report prepared within 120 days before the investment by a member of a society approved collectively by the [administrator] commissioner or by another appraiser so approved individually. Approval must be based on the independence, experience and training required of or possessed by the appraiser.
2. Within 30 days after such an investment is made, the bank must file with the [administrator:] commissioner:
(a) A certified copy of at least one report of the appraisal of the real property in which the investment is made; and
(b) The report of a title insurance company which contains the transfers of title which occurred during a period of at least 3 years immediately preceding the investment and the amount of consideration, if available, given for each transfer.
κ1987 Statutes of Nevada, Page 1916 (CHAPTER 758, SB 284)κ
3. A bank may not invest in real property for development, exclusive of investments allowed under paragraphs (a) and (b) of subsection 2 of NRS 662.015 and of real property acquired through the collection of debts due to the bank, an amount which exceeds its capital accounts or 10 percent of its assets, whichever is less. The [administrator] commissioner may require a statement from the bank disclosing whether any director, officer or employee of the bank has a direct or indirect interest in the real property involved or has had any such interest at any time during the preceding 3 years. Ownership of stock in a corporation which has an interest is an interest of the stockholder. Failure to make any [such] a required disclosure is unlawful.
Sec. 115. NRS 662.105 is hereby amended to read as follows:
662.105 Subject to any applicable regulations of the [administrator,] commissioner, a bank may grant options to purchase, sell or enter into agreements to sell shares of its capital stock to its officers or employees, or both, for a consideration of not less than 100 percent of the fair market value of the shares on the date the option is granted, or, if pursuant to a stock purchase plan, 85 percent of the fair market value of the shares on the date the purchase price is fixed, pursuant to the terms of a plan for the purchase of stock by officers and employees which has been adopted by the board of directors of the bank and approved by the holders of at least two-thirds of the particular class or classes of stock entitled to vote on the proposal and by the [administrator.] commissioner. In no event may the option to purchase such shares be for a consideration less than the par value thereof.
Sec. 116. NRS 662.115 is hereby amended to read as follows:
662.115 A bank may issue capital notes or debentures, convertible or otherwise, subject to such regulations as the [administrator] commissioner may adopt with respect thereto.
Sec. 117. NRS 662.135 is hereby amended to read as follows:
662.135 1. Except as otherwise provided in this section and subject to the provisions of NRS 662.065 and 662.125, no bank may make any investment in capital stock of any other state or national bank.
2. A bank doing business under this Title may subscribe to or purchase, upon such terms as may be agreed upon, the capital stock of banks organized under the Act of Congress known as the Edge Act or the capital stock of central reserve banks whose capital stock exceeds $1,000,000.
3. In order to constitute a central reserve bank as contemplated by this Title, at least 50 percent of the capital stock of such bank must be owned by other banks. The investment by any bank in the capital stock of such central reserve bank or a bank organized under the Edge Act, must at no time exceed 10 percent of the paid-in capital and permanent surplus of the bank making the investment.
4. A bank shall not invest in the stocks of other corporations, firms, partnerships or companies except as otherwise provided in this Title, unless such stock is purchased to protect the bank from loss.
κ1987 Statutes of Nevada, Page 1917 (CHAPTER 758, SB 284)κ
5. Any stocks owned or acquired after July 1, 1971, in excess of the limitations imposed by this section must be disposed of at public or private sale within 12 months after the date of acquiring them, and if not so disposed of they must be charged to profit and loss account, and no longer carried on the books as an asset. The limit of time in which such stocks are disposed of or charged off the books of the bank may be extended by the [administrator] commissioner if in his judgment it is for the best interest of the bank that such extension be granted.
6. A bank may subscribe to, purchase or become the owner of stock in:
(a) Federal reserve banks as established by Act of Congress approved December 23, 1913, being c. 6, 38 Stat. 251, or any amendment thereof; or
(b) Any governmental agency or liquidating or financial corporation created by the Congress of the United States.
7. A bank may invest up to 50 percent of its surplus in the stock of corporations engaged in related banking fields.
Sec. 118. NRS 662.145 is hereby amended to read as follows:
662.145 1. Subject to the limitations of NRS 662.155, the total outstanding loans of any bank to any person, company, corporation or firm, including in the loans to any unincorporated company or firm the loans to the several members thereof, may not at any time exceed 25 percent of the capital and surplus of the bank, actually paid in; but the discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, must not be considered as money loaned.
2. Neither the limitation on loans by banks contained in this section nor any other similar limitations contained in any law of this state relating to banks or banking apply to any loan or loans made by any bank to the extent that they are secured or covered by guarantees or by commitments or agreements to take over or to purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.
3. The [administrator] commissioner may establish limitations on loans made by a bank to its directors, officers or employees and may establish requirements for the reporting of these loans.
Sec. 119. NRS 662.175 is hereby amended to read as follows:
662.175 1. Any bank may secure [funds] money deposited with [such] a bank by the United States, the State of Nevada or a political subdivision of this state by pledging acceptable assets of the bank as collateral security.
2. Any bank may borrow money for temporary purposes, not to exceed the amount of its paid-up capital and surplus, and may pledge any of its assets as collateral security therefor.
3. With the written consent of the [administrator] commissioner and the state board of finance in each instance, a bank may borrow to the amount of 50 percent in excess of its paid-up capital and surplus, and pledge assets of the bank as collateral security therefor. Any indebtedness contracted in excess of the amount limited in this subsection is void in its entirety.
κ1987 Statutes of Nevada, Page 1918 (CHAPTER 758, SB 284)κ
4. The purchase of federal reserve [funds] money by a bank from another bank shall be deemed a transfer from a sellers account in a Federal Reserve Bank to the buyers account therein, and such transfer shall be considered a purchase and sale of such [funds.] money. Any such transfer does not create an obligation on the part of the buyer subject to NRS 662.145, or a borrowing subject to the limitations of this section, but shall be considered a purchase and sale of such [funds.] money.
Sec. 120. NRS 662.186 is hereby amended to read as follows:
662.186 1. Each bank doing business under the laws of this state shall have on hand, in cash, at least the sum of money determined by the [administrator] commissioner as necessary to meet the operating requirements of the bank and at least a required sum consisting of demand balances due from good and solvent banks.
2. Any bank organized under the laws of this state shall carry or maintain as a reserve at least that amount of money which is required under the terms of the Federal Reserve Act.
Sec. 121. NRS 662.235 is hereby amended to read as follows:
662.235 1. Any bank organized under this Title may state in its articles of incorporation that it will carry on a trust company business in connection with the banking business, and in addition to the powers conferred upon banks may:
(a) Act as trustee under any mortgage or bond of any person, firm or corporation, or of any municipality or body politic.
(b) Accept and execute any municipal or corporate or individual trust not inconsistent with the laws of this state.
(c) Act under the order or appointment of any court as guardian, [administrator,] commissioner, receiver or trustee.
(d) Act as executor or trustee under any will.
(e) Act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in [such] a capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.
(f) Act as local or resident agent of foreign corporations.
2. No bank shall act as agent for any insurance company.
3. Any such bank holding any asset as a fiduciary shall:
(a) Segregate all such assets from any other assets of the bank and from the assets of any other trust, except as may be expressly provided otherwise by law or by the writing creating the trust.
(b) Record such assets in a separate set of books maintained for fiduciary activities.
Sec. 122. NRS 662.245 is hereby amended to read as follows:
662.245 Except as otherwise specifically provided by statute, a banking or other corporation, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association which has its principal place of business located within this state, and any officer, employee or agent of such corporation acting in its behalf, shall not be appointed after July 1, 1971, to act as executor, [administrator,] commissioner, guardian of minors or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state unless it associates as cofiduciary a banking corporation whose principal place of business is in this state.
κ1987 Statutes of Nevada, Page 1919 (CHAPTER 758, SB 284)κ
be appointed after July 1, 1971, to act as executor, [administrator,] commissioner, guardian of minors or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state unless it associates as cofiduciary a banking corporation whose principal place of business is in this state.
Sec. 123. NRS 662.255 is hereby amended to read as follows:
662.255 Subject to the provisions of NRS 104.4303, all banks organized pursuant to the provisions of this Title or doing business in this state must be closed, and no business may be transacted with the public, on Saturdays, Sundays or legal holidays, except for the maintenance and operation of mechanical tellers and for limited services as approved by the [administrator.] commissioner.
Sec. 124. NRS 662.275 is hereby amended to read as follows:
662.275 1. Whenever the [administrator] commissioner is of the opinion that an emergency exists, or that there is a reasonable probability that an emergency may develop, in this state or any part of this state, the [administrator] commissioner may, by proclamation, authorize banks located in the affected area or areas to close any or all of their offices.
2. In addition, if the [administrator] commissioner is of the opinion that an emergency exists, or that there is a reasonable probability that an emergency may develop, which affects or may affect a particular bank or banks, or a particular office or offices thereof, but not banks located in the area generally, he may authorize the particular bank or banks, or office or offices so affected, to close.
3. The office or offices so closed must remain closed until the [administrator] commissioner proclaims that the emergency has ended, or until such earlier time as the officers of the bank determine that one or more of such offices should reopen. In either event, the bank or office which was closed may remain closed for such further time thereafter as may reasonably be required to reopen.
Sec. 125. NRS 662.285 is hereby amended to read as follows:
662.285 1. Whenever the officers of a bank are of the opinion that an emergency exists, or that there is a reasonable probability that an emergency may develop, which affects or may affect one or more or all of a banks offices, they shall have the authority in the reasonable and proper exercise of their discretion not to open any one or more or all of such offices during the continuation of such emergency, even if the [administrator] commissioner has not issued and does not issue a proclamation of emergency.
2. The office or offices so closed must remain closed until such time as the officers determine that the emergency has ended, and for such further time thereafter as may reasonably be required to reopen; but such office or offices must not remain closed for more than 48 consecutive hours, excluding other legal holidays, without requesting the approval of the [administrator.] commissioner.
3. The officers of a bank may close any one or more or all of the banks offices on any day or days designated, by proclamation of the President of the United States or the governor of this state, as a day or days of mourning, rejoicing or other special observance.
κ1987 Statutes of Nevada, Page 1920 (CHAPTER 758, SB 284)κ
the United States or the governor of this state, as a day or days of mourning, rejoicing or other special observance.
Sec. 126. NRS 662.295 is hereby amended to read as follows:
662.295 A bank closing an office or offices pursuant to subsection 1 of NRS 662.285 shall give as prompt notice of its action as conditions will permit, by any means available, to the [administrator,] commissioner, or in the case of a national bank, to the Comptroller of the Currency.
Sec. 127. NRS 663.035 is hereby amended to read as follows:
663.035 No bank may pay interest on time deposits, directly or indirectly, at a greater rate than that fixed by the [administrator;] commissioner; but the [administrator] commissioner may fix an interest rate not in excess of that allowed by the Board of Governors of the Federal Reserve System for the member banks of the Federal Reserve System in the State of Nevada.
Sec. 128. NRS 663.075 is hereby amended to read as follows:
663.075 1. A bank may arrange for the collection of savings from school children by the principal of the school, by the teachers, or by collectors pursuant to regulations issued by the [administrator] commissioner and approved, in the case of public schools, by the board of trustees of the school district in which the school is situated. The principal, teacher or person authorized by the bank to make collections from the school children must be the agent of the bank to make collections from the school children, and the bank is liable to the pupil for all deposits made with such principal, teacher or other authorized person to the same extent as if the deposits were made directly with the bank.
2. The acceptance of deposits in furtherance of a school thrift or savings plan by an officer, employee or agent of a bank at any school is not the establishment or operation of a branch facility.
Sec. 129. NRS 665.015 is hereby amended to read as follows:
665.015 1. For the purpose of carrying into effect the provisions of this Title, the [administrator] commissioner shall provide the necessary forms for all examinations and reports as required in this Title.
2. All reports received by the [administrator] commissioner must be preserved in his office.
Sec. 130. NRS 665.025 is hereby amended to read as follows:
665.025 The [administrator] commissioner shall make a thorough examination of and into the affairs of every bank doing business under this Title, as often as the [administrator] commissioner may deem necessary, but at least once within each 18-month period. In lieu thereof, the [administrator] commissioner may accept any or all of a report of an examination of a bank made by a federal regulatory agency. If the [administrator] commissioner accepts any part of such a report in one 18-month period, he shall examine the bank to which the report pertains in the succeeding 18-month period.
Sec. 131. NRS 665.035 is hereby amended to read as follows:
665.035 1. The results of [such] the examinations and inquiries must be reduced to a written report and signed by the [administrator] commissioner or his deputies.
κ1987 Statutes of Nevada, Page 1921 (CHAPTER 758, SB 284)κ
reduced to a written report and signed by the [administrator] commissioner or his deputies.
2. The report must contain a true and detailed statement of the condition of [such] a bank, and must also contain:
(a) A full statement of any violation of any of the provisions of this Title.
(b) A description of and comment on all assets and liabilities which in the opinion of the [administrator] commissioner may be subject to criticism.
(c) A classification of assets showing which are of doubtful collectability.
Sec. 132. NRS 665.045 is hereby amended to read as follows:
665.045 Upon the preparation of the report as provided in NRS 665.035, the [administrator] commissioner shall forthwith serve a copy thereof on the president or secretary of the board of directors of the bank, and may make copies available to each member of such board. If, in the judgment of the [administrator,] commissioner, the report discloses any violation of the provisions of this Title on the part of the bank, or if it appears from the report that there are certain conditions existing which should be corrected by the bank, the [administrator] commissioner may, in writing, call the matter to the attention of each member of the board of directors with instructions to correct the condition.
Sec. 133. NRS 665.075 is hereby amended to read as follows:
665.075 1. The report of examination made by an examiner of the division of financial institutions is designed for use in the supervision of the bank. The banks copy of the report is the property of the [administrator] commissioner and is furnished to the bank solely for its confidential use.
2. The banks directors, in keeping with their responsibilities both to depositors and to stockholders, shall thoroughly review the report. Under no circumstances may the bank, or any of its directors, officers or employees disclose or make public in any manner the report or any portion thereof. The report must not be made available to other banking institutions in connection with proposed transactions such as mergers and consolidations. The report must not be made available to a clearing house association, but a bank may voluntarily disclose information concerning its affairs to [such] a clearing house association where [such] a disclosure is through reports prepared by the bank or by others at the request of the bank.
Sec. 134. NRS 665.086 is hereby amended to read as follows:
665.086 If the [administrator] commissioner finds that it is in the public interest and necessary to protect the depositors and other customers of a depository institution he may:
1. Examine the books and records of the holding company which controls that depository institution and require the holding company to furnish such reports as he considers appropriate for the proper supervision of the companys subsidiaries which are depository institutions; and
2. After notice and opportunity for hearing, require the holding company to take any action he finds reasonable and necessary to protect the interest of depositors, other customers and creditors of any subsidiary depository institution, to maintain its solvency or to prevent its failure.
κ1987 Statutes of Nevada, Page 1922 (CHAPTER 758, SB 284)κ
Sec. 135. NRS 665.095 is hereby amended to read as follows:
665.095 In all civil actions in the courts of this state wherein any of the records of the [administrator] commissioner are involved as evidence or otherwise, a certified copy of such a record signed and sealed by the [administrator,] commissioner, is admissible in evidence to the same effect as if produced in court at trial by the proper custodian of the records.
Sec. 136. NRS 665.105 is hereby amended to read as follows:
665.105 1. Every bank shall make at least four reports each year to the [administrator] commissioner at the same times and substantially in the form of similar reports required by the Comptroller of the Currency, the Federal Reserve Bank or the Federal Deposit Insurance Corporation.
2. The bank shall make additional reports within 10 days after the receipt of a request therefor from the [administrator.] commissioner.
3. The reports must be prepared by the cashier or by any competent person approved by the [administrator] commissioner and be verified by the oath or affirmation of the president or vice president and cashier, the person by whom the reports were prepared, and by at least three of the directors.
4. Each report must:
(a) Exhibit in detail, and under the appropriate heads, the resources and liabilities and a profit and loss account of the bank at the close of business on any past day specified by the [administrator.] commissioner.
(b) Be published in condensed form, according to the requirements of the [administrator,] commissioner, within 10 days after the report is made, in a newspaper published in the county in which such bank is established, for one insertion, at the expense of the bank. Such proof of publication must be furnished within 5 days after the date of publication as may be required by the [administrator.] commissioner.
5. The [administrator] commissioner may call for special reports, which need not be published, from any bank whenever, in his judgment, the reports are necessary in order to gain complete knowledge of its condition.
Sec. 137. NRS 665.125 is hereby amended to read as follows:
665.125 1. The examiners of financial institutions shall verify all reports made to the [administrator] commissioner by the officers and directors of any banking corporation, as required by this Title or by the [administrator.] commissioner.
2. The officers of every bank shall submit and surrender its books, assets, papers and concerns to the examiners appointed by the [administrator,] commissioner, who shall retain the custody and possession of such books, assets, papers and concerns for such length of time as may be required for the purpose of making an examination as required by this Title.
3. If any officer refuses to surrender such books, assets, papers and concerns, or refuses to be examined under oath touching the affairs of such bank, the [administrator] commissioner may forthwith take possession of the property and business of the bank and liquidate its affairs in accordance with the provisions of this Title.
Sec. 138. NRS 665.130 is hereby amended to read as follows:
665.130 1. The [administrator] commissioner shall receive and place on file in his office all reports required by law and shall certify all reports required to be published.
κ1987 Statutes of Nevada, Page 1923 (CHAPTER 758, SB 284)κ
file in his office all reports required by law and shall certify all reports required to be published. The reports filed with or prepared by the division of financial institutions and other information obtained from a depository institution are not public records and may not be disclosed except as provided in this section and NRS 665.133.
2. The following records and information are open to the public:
(a) Information contained in an application filed pursuant to NRS 666.225 to 666.385, inclusive, unless the applicant requests confidentiality and the [administrator] commissioner grants the request; and
(b) Any other information which by specific statute is made generally available to the public.
Sec. 139. NRS 665.133 is hereby amended to read as follows:
665.133 1. The records and information described in subsection 1 of NRS 665.130 may be disclosed to:
(a) An agency of the Federal Government or of another state which regulates the financial institution which is the subject of the records or information;
(b) The director of the department of commerce for his confidential use;
(c) The state board of finance for its confidential use, if the report or other information is necessary for the state board of finance to perform its duties under this Title;
(d) An entity which insures or guarantees deposits;
(e) A public officer authorized to investigate criminal charges in connection with the affairs of the depository institution;
(f) A person preparing a proposal for merging with or acquiring an institution or holding company pursuant to NRS 666.225 to 666.385, inclusive, but only after notice of the disclosure has been given to the institution or holding company;
(g) Any person to whom the subject of the report has authorized the disclosure;
(h) Any other person if the [administrator] commissioner determines, after notice and opportunity for hearing, that disclosure is in the public interest and outweighs any potential harm to the depository institution and its shareholders, members, depositors and creditors; and
(i) Any court in a proceeding initiated by the [administrator] commissioner concerning the financial institution.
2. All the reports made available pursuant to this section remain the property of the division of financial institutions, and no person, agency or authority to whom the reports are made available, or any officer, director or employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.
Sec. 140. NRS 665.135 is hereby amended to read as follows:
665.135 In making examinations as required by this Title, the [administrator] commissioner and any appointed examiner may administer oaths to examine any officer, director, agent, employee, customer, depositor, shareholder of the bank, or any other person or persons, touching the affairs and business of the bank being examined.
κ1987 Statutes of Nevada, Page 1924 (CHAPTER 758, SB 284)κ
depositor, shareholder of the bank, or any other person or persons, touching the affairs and business of the bank being examined. Any examiner may summon in writing any officer, director, agent, employee, customer, depositor, shareholder or any person or persons resident of this state to appear before him and testify in relation to the affairs and business of such bank.
Sec. 141. NRS 665.145 is hereby amended to read as follows:
665.145 Each official communication directed by the [administrator] commissioner or any examiner of financial institutions to any bank, or to any officer thereof, relating to an examination or investigation conducted or made by the [administrator] commissioner or containing suggestions or recommendations as to the conduct of the bank shall, if required by the authority submitting the same, be submitted by the officer or director receiving it to the executive committee, if there is one, or board of directors of such bank and noted in the minutes of [such] the meeting. The receipt and submission of [such] the notice to the executive committee or board of directors must be certified to the [administrator,] commissioner, within such time as he may require, by three members of such committee or board.
Sec. 142. NRS 665.155 is hereby amended to read as follows:
665.155 1. If any assets of a bank are of a doubtful or disputed value, the [administrator] commissioner may have an appraisal of such assets made. In making such appraisal, the [administrator] commissioner shall designate one agent as an appraiser; the bank shall designate one agent as an appraiser; and the two chosen appraisers shall designate a third.
2. The selected appraisers shall make an appraisal of the assets designated as doubtful or disputed, and file a written report of their appraisal with the bank and with the [administrator.] commissioner. In making such appraisal, the appraisers shall determine the actual cash market value of such assets. The appraisal, when made, must be accepted as the value of such assets for the purpose of examination or for the purpose of determining the actual cash market value of such assets.
3. The appraisers must not be interested in any way, either in the bank or as an employee of the [administrator,] commissioner, and all expenses of such appraisal must be paid by the bank whose assets are appraised.
4. If any bank fails to appoint an appraiser within 10 days after the date on which the [administrator] commissioner designates an appraiser pursuant to subsection 1, the [administrator] commissioner may apply to the district court of the county in which the bank is located for the appointment of such an appraiser, and the court shall make the appointment for the bank.
Sec. 143. NRS 665.165 is hereby amended to read as follows:
665.165 1. Every state bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the terms of this section.
2. Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger, its investment ledger, its copies of bank examination reports, and all records which the [administrator] commissioner in accordance with this section requires to be retained permanently.
κ1987 Statutes of Nevada, Page 1925 (CHAPTER 758, SB 284)κ
of bank examination reports, and all records which the [administrator] commissioner in accordance with this section requires to be retained permanently.
3. All other bank records must be retained for such periods as the [administrator] commissioner may in accordance with this section prescribe.
4. The [administrator] commissioner shall, from time to time, issue regulations classifying all records kept by state banks and prescribe the period for which records in each class must be retained. Such periods may be permanent or for a lesser term of years. The [administrator] commissioner shall keep such regulations current and shall revise them at least once every 3 years. In issuing and revising such regulations, the [administrator] commissioner shall consider:
(a) Actions at law and administrative proceedings in which the production of bank records might be necessary or desirable.
(b) State and federal statutes of limitation applicable to such actions or proceedings.
(c) The availability of information contained in bank records from other sources.
(d) Such other matters as the [administrator] commissioner considers pertinent in order that his regulations will require banks to retain their records for as short a period as is commensurate with the interests of bank customers and shareholders and of the people of this state in having bank records available.
5. Any state bank may dispose of any record which has been retained for the period prescribed by or in accordance with the terms of this section for retention of records of its class, and shall thereafter be under no duty to produce such record in any action or proceeding.
6. Any state bank may cause any or all records required to be kept pursuant to this section to be reproduced by the microphotographic process and any such reproduction has the same effect as the original. Upon completion of a microphotographic duplication, the original of any record may be destroyed.
7. To the extent that they are not in contravention of any law of the United States, the provisions of this section apply to all banks doing business in this state.
Sec. 144. NRS 665.175 is hereby amended to read as follows:
665.175 The [administrator] commissioner may require the immediate removal from office of any officer, director or employee of any bank doing business under this Title who is found to be dishonest, incompetent or reckless in the management of the affairs of the bank, or who persistently violates the laws of this state or the lawful orders, instructions and regulations issued by the [administrator.] commissioner.
Sec. 145. NRS 666.015 is hereby amended to read as follows:
666.015 1. A state bank may merge or consolidate with, or transfer its assets and liabilities to, another state bank. Before [such] the merger, consolidation or transfer becomes effective, each bank concerned in [such] the merger, consolidation or transfer shall file with the [administrator] commissioner certified copies of the minutes of all proceedings had by its directors and stockholders regarding [such] the merger, consolidation or transfer.
κ1987 Statutes of Nevada, Page 1926 (CHAPTER 758, SB 284)κ
commissioner certified copies of the minutes of all proceedings had by its directors and stockholders regarding [such] the merger, consolidation or transfer.
2. The minutes of the proceedings had by the stockholders of each [such bank shall] bank must set forth that holders of at least two-thirds of the stock voted in the affirmative on the proposition of merger, consolidation or transfer. The minutes must also contain or have attached thereto a complete copy of the agreement made and entered into between the banks, with reference to [such] the merger, consolidation or transfer.
3. When the certified copies of all [such] minutes have been filed, the [administrator] commissioner shall conduct an investigation of each bank to determine:
(a) Whether the interests of the depositors, creditors and stockholders of each bank are protected.
(b) That the merger, consolidation or transfer is in the public interest.
(c) That the merger, consolidation or transfer is made for legitimate purposes.
4. The [administrators] commissioners consent to or rejection of [such] the merger, consolidation or transfer must be based upon [such] his investigation. No [such] merger, consolidation or transfer may be made without the consent of the [administrator.] commissioner. The expense of [such] the investigation must be paid by the banks.
5. Notice of [such] the merger, consolidation or transfer must be published once a week for 4 consecutive weeks, before or after the merger, consolidation or transfer is effective at the discretion of the [administrator,] commissioner, in a newspaper published in a city, town or county in which each of [such] the banks is located, and a certified copy of [such] the notice must be filed with the [administrator.] commissioner.
6. In any [such] merger, consolidation or transfer, all rights of creditors and all liens upon any property of the constituent banks must be preserved unimpaired, limited in lien to the property affected by [such] those liens immediately [prior to] before the time of the merger, consolidation or transfer. All debts, liabilities and duties of the respective constituent banks [such] must thenceforth attach to the surviving, consolidated or transferee bank and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.
7. In the case of a merger, consolidation or transfer pursuant to the provisions of this section, if any stockholder of any constituent bank votes against the agreement, objects to the agreement in writing at or [prior to] before the taking of the vote thereon, and [such] that stockholder, within 20 days after the date on which the agreement is filed as provided in this section, demands in writing from the surviving or consolidated bank payment of his shares, the surviving, consolidated or transferee bank shall, within 30 days thereafter, pay to [such] the stockholder the fair cash value of his shares as of the day before the vote on the agreement of merger, consolidation or transfer was taken, exclusive of any element of value arising from the expectation or accomplishment of the merger, consolidation or transfer.
κ1987 Statutes of Nevada, Page 1927 (CHAPTER 758, SB 284)κ
arising from the expectation or accomplishment of the merger, consolidation or transfer.
Sec. 146. NRS 666.025 is hereby amended to read as follows:
666.025 1. When an agreement of consolidation is made and a certified copy thereof is filed with the secretary of state, together with a certified copy of the approval of the [administrator of such] commissioner of the consolidation, the banks which are parties to the consolidation become one bank, possessed of the rights, privileges, powers and franchises of the several banks, but subject to all the provisions of law under which it is created.
2. The directors and other officers named in the agreement of consolidation shall serve until the first annual meeting for election of officers and directors, the date for which must be named in the agreement.
3. All filing such agreement, the property and rights of every kind of the several banks are thereby transferred and vested in such new bank, and are as fully its property as they were of the banks which were parties to the agreement.
Sec. 147. NRS 666.035 is hereby amended to read as follows:
666.035 1. A state bank may, with the approval of the [administrator,] commissioner, convert into or merge with a national bank upon the vote of the holders of two-thirds of each class of voting stock of the state bank.
2. The [administrator] commissioner shall not approve any consolidation, conversion or merger under this section which would:
(a) Result in a monopoly or which would further any attempt to monopolize the business of banking in this state; or
(b) Substantially lessen competition or be in restraint of trade, unless the [administrator] commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the probable success of the transaction in meeting the needs of the community to be served.
In every case, the [administrator] commissioner shall consider the financial and managerial resources and the future prospects of the company or companies and the banks concerned, and the convenience and the needs of the community to be served.
3. Except as provided in subsection 5, the rights and liabilities of a state bank which consolidates, converts into or merges with a national bank, and the rights and liabilities of its stockholders, are the same as the rights and liabilities prescribed by the law of the United States for national banks and their stockholders at the time of the consolidation, conversion or merger.
4. Upon consolidation, conversion or merger, the resulting national bank becomes the same business as each consolidating, converting or merging bank, with all the property rights, power and duties of each consolidating, converting or merging bank, except as affected by the law of the United States and by the charter and bylaws of the resulting bank. Any reference to a consolidating, converting or merging bank in any writing, whether executed or which takes effect before or after the consolidation, conversion or merger, is applicable to the resulting bank if not inconsistent with the other provisions of that writing.
κ1987 Statutes of Nevada, Page 1928 (CHAPTER 758, SB 284)κ
or merger, is applicable to the resulting bank if not inconsistent with the other provisions of that writing.
5. The holders of shares of the stock of a state bank which were voted against a consolidation or merger into a national bank are entitled to receive their value in cash, if and when the consolidation or merger becomes effective, upon written demand made to the resulting national bank at any time within 30 days after the effective date of the consolidation or merger, accompanied by the surrender of any stock certificate or certificates. The value of the shares must be determined, as of the date of the meeting of the stockholders approving the consolidation or merger, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares involved, one by the board of directors of the resulting national bank, and the third by the two so chosen. The valuation agreed upon by any two appraisers governs. If the appraisal is not completed within 90 days after the consolidation or merger becomes effective, the Comptroller of the Currency shall cause an appraisal to be made.
6. The amount fixed as the value of the shares of stock of the consolidating or merging bank at the time of the meeting of the stockholders approving the consolidation or merger, and the amount fixed by the appraisal as provided by subsection 5, where the fixed value is not accepted, constitute a debt of the resulting national bank.
7. Upon the completion of the consolidation, conversion or merger, the license to operate as a state bank automatically terminates.
Sec. 148. NRS 666.045 is hereby amended to read as follows:
666.045 1. Any national bank doing business in this state may, with the approval of the [administrator,] commissioner, merge or consolidate with a state bank or incorporate as a state bank as provided in this Title for the organization of banks.
2. The [administrator] commissioner shall, when approving or rejecting the proposed merger or consolidation, base his decision on the considerations provided in NRS 666.035.
3. The [administrator] commissioner may accept good assets of the national bank, at their actual cash value, in lieu of cash payments for the stock of the state bank.
Sec. 149. NRS 666.070 is hereby amended to read as follows:
666.070 The provisions of NRS 666.065 to 666.215, inclusive, do not apply to a bank holding company which:
1. Owns only national banks within this state until [such a] the holding company acquires or applies for approval to acquire a bank licensed by the [administrator.] commissioner.
2. Does not control a bank which is located in Nevada but does control a bank in another state until [such a] the holding company acquires or applies for approval to acquire any bank located in Nevada.
Sec. 150. NRS 666.085 is hereby amended to read as follows:
666.085 1. The [administrator] commissioner may adopt such regulations as may be necessary to carry out the provisions of NRS 666.065 to 666.215, inclusive.
κ1987 Statutes of Nevada, Page 1929 (CHAPTER 758, SB 284)κ
2. The [administrator] commissioner may require bank holding companies to submit reports under oath to determine whether they have complied with the provisions of NRS 666.065 to 666.215, inclusive, and any regulations adopted pursuant to this section.
Sec. 151. NRS 666.095 is hereby amended to read as follows:
666.095 Each bank holding company doing business in this state, directly or through a subsidiary bank, shall file an annual registration report with the [administrator] commissioner within 120 days after the end of its fiscal year. The report must contain:
1. A full statement of the general financial condition of the company; and
2. A description of the operation, management and intercompany relationships of the company.
Sec. 152. NRS 666.105 is hereby amended to read as follows:
666.105 1. Each year the [administrator] commissioner shall make a thorough examination of and into the affairs of every bank holding company and every banking subsidiary thereof doing business in this state or accept a report of an examination made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System.
2. The [administrator] commissioner may make additional examinations of any bank holding company and its subsidiaries.
3. The expense of any examination made by the [administrator] commissioner must be borne by the bank holding company being examined.
Sec. 153. NRS 666.115 is hereby amended to read as follows:
666.115 1. Except as provided in subsection 4, a person who desires to form a bank holding company after July 1, 1983, must be approved by the [administrator] commissioner before forming the company.
2. The application for approval must include such information with respect to the financial condition, operations, management and intercompany relationships of the applicant and related matters, as the [administrator] commissioner may deem necessary or appropriate.
3. The [administrator] commissioner shall approve the application if he determines that the applicant or its officers, directors and stockholders are of such character and fitness that any bank acquired by the applicant will be operated in a safe, prudent and profitable manner.
4. The [administrator] commissioner may accept copies of federal registration in lieu of requiring an application for approval of a bank holding company.
Sec. 154. NRS 666.125 is hereby amended to read as follows:
666.125 1. A bank holding company must receive the approval of the [administrator] commissioner before acquiring a bank.
2. The application for approval must include such information with respect to the financial condition, operations, management and intercompany relationships of the bank which is to be acquired and the bank holding company as the [administrator] commissioner may deem necessary or appropriate.
κ1987 Statutes of Nevada, Page 1930 (CHAPTER 758, SB 284)κ
3. In considering the application for approval, the [administrator] commissioner shall consider:
(a) The financial condition of the bank holding company and any banks owned by it;
(b) The probable effect of the acquisition on:
(1) The bank holding company;
(2) Any banks owned by the bank holding company; and
(3) The bank which is to be acquired; and
(c) The effect of the acquisition upon competition in banking.
Sec. 155. NRS 666.128 is hereby amended to read as follows:
666.128 1. If a bank holding company which controls a bank in another state applies for approval of the acquisition of a bank located in Nevada, the [administrator] commissioner may approve the acquisition only if he determines that:
(a) The bank being acquired will be operated in a manner which is not likely to attract customers from the general public in Nevada to the substantial detriment of financial institutions located in Nevada;
(b) The acquisition is fair;
(c) The acquisition is not contrary to the public interest;
(d) The acquisition will not create in Nevada an undue concentration of financial resources or a substantial reduction of financial competition; and
(e) The economic advantages of the acquisition to Nevada, in terms of employment and capital investment, are adequate to permit approval.
2. Before giving his approval pursuant to this section, the [administrator] commissioner shall:
(a) Enter into a written agreement with the bank holding company setting forth the conditions of the approval. The conditions must ensure that the bank holding company will not in Nevada operate the bank in a manner which is inconsistent with the determinations made pursuant to subsection 1.
(b) Within 10 days after receipt of the proposal, give notice of it to all depository institutions regulated by the division of financial institutions or by a counterpart agency of the Federal Government which are located in this state. An institution may, within 20 days after receiving the notice, submit a written protest against the proposed acquisition. Within 30 days after receiving a written protest the [administrator] commissioner shall set a date for a hearing on the protest and give notice of the date of the hearing to the bank holding company and each institution which submitted a protest, by registered or certified mail. The hearing must be held not less than 30 days nor more than 60 days after this notice is mailed.
3. If the [administrator] commissioner disapproves an application made pursuant to this section, he shall provide the applicant a written statement of the reasons for disapproval and the findings and conclusions upon which the disapproval is based. The applicant may modify the application to obviate any objections to the application. Unless a hearing has been conducted pursuant to subsection 2, the applicant is entitled to a hearing to contest the disapproval.
κ1987 Statutes of Nevada, Page 1931 (CHAPTER 758, SB 284)κ
4. A person who conducts a hearing pursuant to this section must make a final decision within 30 days after the hearing.
Sec. 156. NRS 666.132 is hereby amended to read as follows:
666.132 1. A bank holding company which controls a bank in another state may acquire only one bank which is located in Nevada. If approved by the [administrator,] commissioner, except as provided in NRS 677.545, the acquisition is subject to the following conditions:
(a) The total capital stock of the bank to be acquired must be at least $5,000,000.
(b) The acquired bank may not hold a license pursuant to chapter 677 of NRS.
(c) Except as further limited in paragraph (d), the acquired bank must not solicit loans, deposits or other financial business from residents of Nevada unless the solicitation is part of a general solicitation which is also directed to residents of other states.
(d) The acquired bank may not solicit commercial loans in Nevada. The acquired bank may make a loan:
(1) At the request of another financial institution which will also lend money to the person who will receive the loan; or
(2) To another financial institution.
2. For the purposes of this section:
(a) If the acquired bank is prohibited from soliciting a type of business, then the bank holding company and its subsidiaries are also prohibited from soliciting [such] that business for the acquired bank.
(b) Solicit means to request a person to engage in an activity or transaction or to advertise a desire to engage in [such] that conduct.
Sec. 157. NRS 666.135 is hereby amended to read as follows:
666.135 1. Any transfer of stock or trust certificates of a bank holding company by sale, gift or otherwise, which will result in giving the person who receives the shares voting control of the bank holding company must be approved by the [administrator] commissioner before the transfer.
2. The [administrator] commissioner shall not approve a transfer if he determines that the person who will gain control has been removed from a position as a director, officer or employee of a bank holding company, bank or other financial institution pursuant to an order of a state or federal agency.
3. The [administrator] commissioner may disapprove the transfer if in his opinion the person who will gain control does not meet the requirements for an officer, director or stockholder set forth in subsection 3 of NRS 666.115.
Sec. 158. NRS 666.145 is hereby amended to read as follows:
666.145 1. If the [administrator] commissioner determines that a director, officer or employee of a bank holding company has been negligent, dishonest, reckless or incompetent in connection with his duties, the [administrator] commissioner may issue a written order requiring the person to be removed from his position.
κ1987 Statutes of Nevada, Page 1932 (CHAPTER 758, SB 284)κ
2. The person affected by the order of the [administrator] commissioner may petition the district court for the judicial district in which the bank holding company is located to set aside the order. The court may affirm, modify or set aside the order.
3. If a director, officer or employee is not removed in accordance with an order of the [administrator] commissioner and the [administrator] commissioner has reasonable cause to believe that the continued participation of the person in the affairs of the bank holding company will place it in an unsafe or unsound condition, the [administrator] commissioner may apply to the district court for the judicial district in which the bank holding company is located for a temporary restraining order and an injunction prohibiting the person from participating in the affairs of the bank holding company.
Sec. 159. NRS 666.155 is hereby amended to read as follows:
666.155 If the board of directors of a bank holding company neglects or refuses to remove a person pursuant to an order of the [administrator] commissioner and the company subsequently incurs losses because of that persons activities, the written order of the [administrator] commissioner is conclusive evidence, in any action against the directors or a director for recovery of those losses, of the negligence of the directors in failing to act upon the order.
Sec. 160. NRS 666.165 is hereby amended to read as follows:
666.165 1. If the [administrator] commissioner has reasonable cause to believe that a bank holding company:
(a) Is engaging, has engaged or is about to engage in any unsafe or unsound practice in connection with the bank holding company or a bank which it owns or controls; or
(b) Is violating, has violated or is about to violate a law, regulation or condition imposed in a written agreement between the [administrator] commissioner and the bank holding company,
the [administrator] commissioner may issue and serve upon the company a notice of the charges against the company.
2. A notice issued pursuant to subsection 1 must contain a statement of the facts which constitute the violation or unsafe or unsound practice and must set a time and place for a hearing to determine whether the [administrator] commissioner should issue an order to cease and desist from the activity. The hearing must be held not less than 20 nor more than 60 days after service of the notice unless an earlier or later date is set by the director of the department of commerce at the request of the bank holding company.
Sec. 161. NRS 666.175 is hereby amended to read as follows:
666.175 1. If a representative of the bank holding company does not appear at the hearing, the company shall be deemed to have consented to the issuance of an order to cease and desist.
2. If the bank holding company consents to the issuance of the order or if the [administrator] commissioner determines at the hearing that the company has engaged in or will engage in the activity charged, the [administrator] commissioner may issue and serve upon the company an order to cease and desist from the activity.
κ1987 Statutes of Nevada, Page 1933 (CHAPTER 758, SB 284)κ
[administrator] commissioner may issue and serve upon the company an order to cease and desist from the activity.
3. The order may, by mandatory or prohibitory provisions, require the bank holding company and its directors, officers, employees and agents not to engage in the activity to which the order applies and to take action to correct conditions resulting from that activity.
4. An order issued pursuant to this section becomes effective at the time specified in the order and remains effective as provided in it unless it is stayed, modified or set aside by the [administrator] commissioner or a reviewing court.
Sec. 162. NRS 666.185 is hereby amended to read as follows:
666.185 1. If the [administrator] commissioner determines that the existing or threatened activity specified in a notice of charges is likely to:
(a) Cause insolvency or substantial dissipation of the assets or earnings of a bank which is owned or controlled by the bank holding company; or
(b) Seriously prejudice the interests of the depositors in [such a] the bank, the [administrator] commissioner may issue a temporary order requiring the bank holding company to cease and desist from the activity.
2. The temporary order becomes effective when served upon the bank holding company and remains effective until it is set aside by the [administrator] commissioner or a reviewing court or a permanent order is issued against the bank.
Sec. 163. NRS 666.195 is hereby amended to read as follows:
666.195 1. Within 10 days after a bank holding company has been served with a temporary order to cease and desist, the company may apply to the district court for the judicial district in which the company is located for an injunction limiting or setting aside the order until the hearing is held pursuant to the notice of charges.
2. If a bank holding company violates or threatens to violate a temporary order, the [administrator] commissioner may apply to the district court for the judicial district in which the bank holding company is located for an injunction prohibiting the company from violating the order.
Sec. 164. NRS 666.205 is hereby amended to read as follows:
666.205 1. The [administrator] commissioner may apply to the district court for an order compelling compliance with any provision of NRS 666.065 to 666.195, inclusive. The court may award the [administrator] commissioner the costs of bringing the action and attorneys fees.
2. The [administrator] commissioner may bring an action against a person who violates a court order or injunction issued pursuant to this section or NRS 666.065 to 666.195, inclusive, to recover a civil penalty of not more than $10,000 for each violation.
3. The [administrator] commissioner may bring an action to require a bank holding company which acquired a bank in Nevada pursuant to NRS 666.132 to divest itself of all interest in the acquired bank if the bank holding company violates:
(a) An order to cease and desist issued pursuant to NRS 666.175; or
κ1987 Statutes of Nevada, Page 1934 (CHAPTER 758, SB 284)κ
(b) A court order or injunction issued pursuant to this section or NRS 666.065 to 666.195, inclusive.
Sec. 165. NRS 666.295 is hereby amended to read as follows:
666.295 1. Except as provided in NRS 666.128, 666.132, 666.355 to 666.385, inclusive, and 678.342, any acquisition of or merger with a depository institution or a holding company whose operations are principally conducted in this state by a foreign depository institution or a holding company for a foreign depository institution is permissible only if the reciprocal state in which the foreign depository institution or holding company principally conducts its operations has enacted legislation which allows a depository institution or holding company in Nevada to acquire or merge with a depository institution or holding company in that state under terms and conditions which are substantially comparable to or less restrictive than those which apply in Nevada to [such] acquisitions and mergers.
2. The [administrator] commissioner may not approve the acquisition of or merger with a depository institution or a holding company whose operations are principally conducted in this state by a foreign depository institution or a holding company for a foreign depository institution unless if he finds, after notice and opportunity for hearing, that the laws of the reciprocal state in which the foreign depository institution or holding company conducts its business meet the requirements of subsection 1.
3. The [administrator] commissioner may not approve [such] an acquisition or merger unless there is filed with him documentary evidence, of whose correctness he is satisfied, that the holders of a majority of the shares of the domestic institution have approved the transaction.
Sec. 166. NRS 666.305 is hereby amended to read as follows:
666.305 1. Unless the [administrator] commissioner gives prior written approval, no person may:
(a) Acquire, directly or indirectly, a depository institution or holding company whose operations are principally conducted in this state;
(b) Vote the stock of a depository institution or holding company acquired in violation of paragraph (a);
(c) Acquire, directly or indirectly, the voting or nonvoting securities of a depository institution or a holding company whose operations are principally conducted in this state if the acquisition would result in that persons obtaining more than 20 percent of the authorized voting securities of the institution or company if the nonvoting securities were converted into voting securities; or
(d) Merge or consolidate with a depository institution or a holding company whose operations are principally conducted in this state.
2. With the written approval of the [administrator,] commissioner, a foreign depository institution or a holding company for a foreign depository institution may establish a branch office in a county whose population is less than 100,000 without acquiring or merging with a depository institution or a holding company whose operations are principally conducted in this state.
κ1987 Statutes of Nevada, Page 1935 (CHAPTER 758, SB 284)κ
3. Any person who willfully violates any provision of this section or any regulation adopted by the [administrator] commissioner pursuant to this section is guilty of a misdemeanor. Each day during which the violation continues constitutes a separate offense.
4. The [administrator] commissioner may obtain injunctive relief to prevent any change in control or impending violation of this section.
Sec. 167. NRS 666.315 is hereby amended to read as follows:
666.315 1. Application to the [administrator] commissioner for approval must be on a form prescribed by the [administrator] commissioner and must include:
(a) A nonrefundable fee of $3,000 for the application. The depository institution or holding company shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. All money received by the [administrator] commissioner pursuant to this section must be placed in the investigative fund created by NRS 232.285.
(b) Information which the [administrator] commissioner requires to make the findings specified in subsection 4.
(c) Unless the applicant is a resident of Nevada, a corporation organized in this state or a foreign corporation admitted to do business in this state, a written consent to service of process on a resident of this state in any action arising out of the applicants activities in this state.
2. In reviewing the application, the [administrator] commissioner shall consider the applicants record of compliance with the Community Reinvestment Act of 1977 (12 U.S.C. §§ 2901 to 2905, inclusive) and whether the proposed transaction will meet the needs of those counties whose populations are less than 100,000 and whose residents are not being adequately served by existing financial institutions.
3. The [administrator] commissioner shall issue his written decision within 60 days after receiving a completed application. The [administrator] commissioner may approve the application subject to any terms and conditions which he considers necessary to protect the public interest.
4. The [administrator] commissioner shall disapprove an application if he finds:
(a) That the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution which is a party to the transaction, or to a subsidiary or affiliate of that institution;
(b) The applicant, its executive officers, directors or principal stockholders have not established a record of sound performance, efficient management, financial responsibility and integrity so that it would be against the interest of the depositors, other customers, creditors or shareholders of an institution, or the public to authorize the proposed transaction;
(c) The financial condition of the applicant or any other institution which is a participant in the proposed transaction might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or other customers of the applicant or other institutions;
κ1987 Statutes of Nevada, Page 1936 (CHAPTER 758, SB 284)κ
(d) The consummation of the proposed transaction will tend to lessen competition substantially, unless the [administrator] commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of meeting the convenience and needs of the relevant market to be served; or
(e) The applicant has not established a record of meeting the needs for credit of the communities which it or its subsidiary depository institution serves.
Sec. 168. NRS 666.325 is hereby amended to read as follows:
666.325 1. The [administrator] commissioner may examine and supervise any foreign depository institution or holding company which has been authorized to do business in this state pursuant to NRS 666.295. Such institutions and holding companies are subject to regulation in the same manner as institutions and holding companies organized under the laws of this state and must pay the same fees for supervision and examination.
2. A foreign depository institution or holding company for a foreign depository institution may not close one of its branch offices, or a branch office of a subsidiary, which is located in a county whose population is less than 100,000 before July 1, 1991.
Sec. 169. NRS 666.345 is hereby amended to read as follows:
666.345 As used in NRS 666.345 to 666.385, inclusive, unless the context otherwise requires:
1. Deposits from Nevada means the aggregate of all deposits obtained from residents of Nevada and businesses, public entities and private entities which operate in this state.
2. Qualified investments means:
(a) Loans to residents of this state;
(b) Loans to businesses whose principal operations are in this state;
(c) Loans to nonprofit organizations whose principal operations are in this state;
(d) Loans secured by liens on real property located in this state;
(e) Obligations of this state or any of its political subdivisions;
(f) Loans to students attending any university, college or vocational school located in this state;
(g) Deposits with any depository institution whose principal place of business is in this state;
(h) Loans on the security of its savings accounts;
(i) Obligations secured by mortgages originated by a depository institution or any other lender whose principal place of business is within this state;
(j) Commercial paper and corporate obligations issued by any corporation whose principal place of business is in this state;
(k) Stock, obligations or other securities of any investment company for small business incorporated within this state; or
(l) Any other investment which is substantially similar to an investment included in paragraphs (a) to (k), inclusive, if the investment is approved in writing by the [administrator.] commissioner.
κ1987 Statutes of Nevada, Page 1937 (CHAPTER 758, SB 284)κ
Sec. 170. NRS 666.355 is hereby amended to read as follows:
666.355 1. If the [administrator] commissioner considers it necessary to protect depositors, creditors and other customers of a failing depository institution or a failing holding company which controls a depository institution, he may solicit offers from and authorize or require the acquisition of the institution or company by or its merger with another institution or company in the following order of priority:
(a) A depository institution of the same class organized under the laws of this state or a holding company whose subsidiaries are of the same class and whose operations are principally conducted in this state.
(b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions controlled by holding companies which have offices or operations in other states.
(c) A depository institution licensed under the laws of another state or of the United States whose operations are principally conducted in a reciprocal state, or a holding company for such an institution.
(d) A depository institution licensed under the laws of another state or of the United States which does not meet the requirements of paragraph (a), (b) or (c), or a holding company for such an institution, whether or not its principal place of business is in another state.
The [administrator] commissioner shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.
2. The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if such a selection affords the greatest financial recovery by the failing institutions depositors of all offers received. If it does not, the [administrator] commissioner may negotiate with the institutions submitting offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the failing institutions depositors.
Sec. 171. NRS 666.375 is hereby amended to read as follows:
666.375 The [administrator] commissioner may not authorize or require any transaction pursuant to NRS 666.355 involving a depository institution organized under the laws of any state other than this, or a holding company whose subsidiaries principally conduct their operations in any state other than this, unless he finds that:
1. The acquiring or merging depository institution or holding company has demonstrated an acceptable record of meeting the needs for credit of the communities which it serves; and
2. The acquiring or merging depository institution or holding company has a record of sound performance, adequate capital, financial capacity and efficient management so the acquisition or merger will not jeopardize the financial stability of the acquired or merged depository institution and will not be detrimental to the interests of depositors, creditors or other customers of the depository institution, or to the public.
κ1987 Statutes of Nevada, Page 1938 (CHAPTER 758, SB 284)κ
Sec. 172. NRS 666.385 is hereby amended to read as follows:
666.385 1. If a failing depository institution is acquired pursuant to NRS 666.355 by a depository institution organized under the laws of another state or a holding company whose subsidiaries principally conduct their operations in another state, the failing institution must at all time thereafter have invested not less than 60 percent of the aggregate of its deposits from Nevada in qualified investments as a condition of its continued operation.
2. Each depository institution acquired by or merged with a depository institution organized under the laws of any state other than this, or a holding company whose subsidiaries principally conduct their operations in any state other than this, pursuant to NRS 666.355 shall report to the [administrator] commissioner not less than quarterly the aggregate of:
(a) Its deposits held at offices in this state;
(b) Its deposits from Nevada; and
(c) Its qualified investments.
3. A depository institution which violates any provision of this section is prohibited from soliciting, accepting or renewing any deposits from Nevada until the institution is brought into compliance with this section. The [administrator] commissioner may not approve an acquisition which would result in a violation of subsection 1.
4. The restrictions on investments imposed in this section do not apply if reciprocal legislation as described in NRS 666.295 has been adopted by the reciprocal state in which the operations of the acquiring institution or holding company are principally conducted, and terminate if [such] the legislation is adopted after the acquisition.
Sec. 173. NRS 667.015 is hereby amended to read as follows:
667.015 1. A bank may go into voluntary liquidation and be closed, and may surrender its charter and franchise as a corporation of this state by the affirmative votes of its stockholders owning two-thirds of its stock. [Such] The vote must be taken at a meeting of the stockholders called by resolution of the board of directors. Written notice of the meeting, which notice must state the purpose of the meeting, must be mailed to each stockholder, or in case of his death, to his legal representative or heirs at law, addressed to his last known residence 10 days [prior to] before the date of the meeting.
2. When the stockholders decide to liquidate [such] the bank, a certified copy of all proceedings of the meeting at which [such] that action is taken, verified by the oath of the president and cashier, must be transmitted to the [administrator] commissioner for his approval. If the [administrator] commissioner approves the liquidation, he shall issue to [such] the bank, under his seal, a permit for [such] that purpose. No [such] permit may be issued by the [administrator] commissioner until he is satisfied that provision has been made by the bank to satisfy and pay off all depositors and all creditors of [such] the bank. If he is not satisfied, the [administrator] commissioner shall not issue a permit, but he may take possession of the bank, its assets and business, and liquidate [such] the bank in the manner provided by this chapter.
κ1987 Statutes of Nevada, Page 1939 (CHAPTER 758, SB 284)κ
3. When the [administrator] commissioner approves the voluntary liquidation of a bank, the directors of [such] the bank shall cause to be published in a newspaper in the city, town or county in which the bank is located, a notice that the bank is closing its affairs and going into liquidation, and that its depositors and creditors are to present their claims for payment.
4. When any bank is in the process of voluntary liquidation, it is subject to examination by the [administrator,] commissioner, and the bank shall furnish such reports, from time to time, as may be called for by the [administrator.] commissioner.
5. All unclaimed deposits and dividends remaining in the hands of [such] the bank are subject to the provisions of this chapter.
6. Any bank may sell and transfer to any other state or national bank all of its assets of every kind upon such terms as may be agreed upon and approved by the [administrator] commissioner and by two-thirds vote of the banks board of directors. A certified copy of the minutes of any meeting at which [such] that action is taken, under the oath of the president and cashier, together with a copy of the contract of sale and transfer, must be filed with the [administrator.] commissioner.
7. If a voluntary liquidation or the sale and transfer of the assets of any bank is approved by the [administrator,] commissioner, a certified copy of [such] that approval under seal of the [administrator,] commissioner, filed in the office of the secretary of state, [shall authorize] authorizes the cancellation of the charter certificate of [such] the bank, subject to its continued existence, as provided by law.
Sec. 174. NRS 667.075 is hereby amended to read as follows:
667.075 1. Any state bank which is, or may hereafter be, closed on account of inability to meet the demands of its depositors, by action of the [administrator,] commissioner, by action of a court, by action of its directors or due to its insolvency or suspension, the [administrator,] commissioner, or the receiver or liquidator of [such] the bank with the permission of the [administrator,] commissioner, may borrow from the Federal Deposit Insurance Corporation and furnish any part or all of the assets of the bank to the Federal Deposit Insurance Corporation as security for a loan from it; but where the Federal Deposit Insurance Corporation is acting as [such] the receiver or liquidator, the order of a court of record of competent jurisdiction must be first obtained approving [such] the loan.
2. The [administrator,] commissioner, or the receiver or liquidator of any state bank with the permission of the [administrator,] commissioner, upon the order of a court of record of competent jurisdiction, may sell to the Federal Deposit Insurance Corporation any part or all of the assets of [such] the bank.
3. The provisions of this section do not limit the power of any bank, the [administrator,] commissioner, receivers or liquidators to pledge or sell assets in accordance with any other existing law.
κ1987 Statutes of Nevada, Page 1940 (CHAPTER 758, SB 284)κ
Sec. 175. NRS 667.085 is hereby amended to read as follows:
667.085 1. The [administrator] commissioner shall furnish to the Federal Deposit Insurance Corporation, or to any official or examiner thereof, a copy of all examinations made of any state bank and of all reports made by [such] the bank. The [administrator] commissioner shall give access to and disclose to the Federal Deposit Insurance Corporation, or to any official or examiner thereof, all information possessed by the office of the division of financial institutions with reference to the conditions or affairs of any state bank.
2. Nothing in this section limits:
(a) The duty of any bank in this state from complying with the provisions of the Federal Deposit Insurance Act, its amendments or substitutions, or the requirements of the Federal Deposit Insurance Corporation relative to examinations and reports; or
(b) The powers of the [administrator] commissioner with reference to examinations and reports pursuant to the provisions of this Title.
Sec. 176. NRS 667.095 is hereby amended to read as follows:
667.095 All books, papers and records of a bank which has been finally liquidated must be deposited by the receiver in the office of the county clerk of the county in which the office of [such] the bank is located, or in such other place as in his judgment will provide for the proper safekeeping and protection of [such] those books, papers and records. [Such] The books, papers and records must be held subject to the orders of the [administrator] commissioner and the county clerk of the county in which [such] the bank was located.
Sec. 177. NRS 667.105 is hereby amended to read as follows:
667.105 1. Subject to the provisions of subsection 3, after the expiration of 10 years from the date of filing in the office of the county clerk of a final order approving the liquidation of any insolvent bank and the delivery to the county clerk or into his custody of the records of [such bank, such] that bank, the records may be destroyed by the county clerk by burning them in the presence of the county recorder and the sheriff of the county, who shall join with the county clerk in the execution of a certificate as to the destruction of [such] the records. The certificate must be filed by the county clerk in the court records of the liquidation of the insolvent bank.
2. Subject to the provisions of subsection 3, after the expiration of 10 years from the filing by the [administrator] commissioner of a final report of liquidation of any insolvent bank, the [administrator,] commissioner, with the consent of the state board of finance, may destroy, by burning, the records of any insolvent bank held in the office of the [administrator] commissioner in connection with the liquidation of [such] the bank; but if there are any unpaid dividends of the insolvent bank the [administrator] commissioner shall preserve the deposit ledger or other evidence of indebtedness of [such] the bank which [refer] refers to the unpaid dividends until the dividends have been paid.
3. Neither the county clerk of any county [or the administrator] nor the commissioner may destroy any of the formal records of liquidation, nor may the [administrator] commissioner destroy any of the records made in his office with reference to the liquidation of any insolvent bank.
κ1987 Statutes of Nevada, Page 1941 (CHAPTER 758, SB 284)κ
the [administrator] commissioner destroy any of the records made in his office with reference to the liquidation of any insolvent bank.
Sec. 178. NRS 667.115 is hereby amended to read as follows:
667.115 When any bank created under the laws of this state, which has been or is appointed trustee in any indenture, deed of trust or other instrument of like character, executed to secure the payment of any bonds, notes or other evidences of indebtedness, is taken over for liquidation by the [administrator,] commissioner, by the Federal Deposit Insurance Corporation or by any other legally constituted authority, the powers and duties of [such] the bank as trustee [in any such instrument shall] cease upon the entry of an order of the district court appointing a successor trustee pursuant to a petition as provided for in NRS 667.125 to 667.185, inclusive.
Sec. 179. NRS 667.195 is hereby amended to read as follows:
667.195 If the [administrator,] commissioner, the Federal Deposit Insurance Corporation or any liquidating agent appointed pursuant to the provisions of NRS 667.035 to 667.085, inclusive, exercises the power of sale set up in any mortgage, deed of trust or other written instrument for the security of the payment of money in which any bank then in liquidation was named trustee, the exercise of the power of sale and the acts of resigning the trust, of the [administrator,] commissioner, the Federal Deposit Insurance Corporation or [such] the appointed liquidating agent have the same effect as if done by the bank named as trustee in the mortgage, deed of trust or other instrument.
Sec. 180. NRS 667.205 is hereby amended to read as follows:
667.205 1. The [administrator] commissioner shall, on January 1 and July 1 of each year, file with the secretary of state a report showing all banks under liquidation in the State of Nevada, the names of all auditors together with the amounts paid to them for auditing each of [such] those banks, and the names of all attorneys employed in connection with the liquidation of [such] those banks together with the amount paid or contracted to be paid to each of [such] the attorneys. If any attorney has been employed on a fee contingent upon recovery, the report must contain in substance the contract.
2. Within 5 days after the receipt of [such] the report, the secretary of state shall [cause such report to be published] publish the report one time in some newspaper published in each county in which a bank [or banks are] is under liquidation. If there is no newspaper published in [such county or counties,] the county, the secretary of state shall [cause] post a copy of [such report to be posted] the report at the courthouse door in [such] the county.
Sec. 181. NRS 667.215 is hereby amended to read as follows:
667.215 When the [administrator] commissioner or the Federal Deposit Insurance Corporation has taken possession of any bank, [such] the bank may, with the consent of the [administrator,] commissioner, resume business upon such terms and conditions as may be approved by the [administrator] commissioner and the Federal Deposit Insurance Corporation.
κ1987 Statutes of Nevada, Page 1942 (CHAPTER 758, SB 284)κ
Sec. 182. NRS 667.225 is hereby amended to read as follows:
667.225 1. When any bank is authorized to dissolve, and has taken the necessary steps to effect dissolution in accordance with the laws of this state or the laws of the United States, but [prior to] before actual dissolution, a majority of the directors of [such] the national or state bank, upon authority in writing of the owners of two-thirds of its capital stock and with the approval of the [administrator,] commissioner, may execute articles of incorporation as provided in this Title for the organization of a new bank, which articles must further set forth the authority derived from the stockholders of [such] the national or state bank.
2. Upon filing [such] articles of incorporation in the same manner as provided for the organization of new banks, [such] the reorganized bank is a bank under the laws of this state. Upon [such] reorganization, all assets, real and personal, of the dissolved national or state bank, by operation of law, vest in and become the property of [such] the reorganized state bank, subject to all liabilities of [such] the national or state bank existing [prior to such] before the reorganization.
Sec. 183. NRS 668.015 is hereby amended to read as follows:
668.015 Every president, director, manager, cashier or other officer or employee of any bank who knowingly prepares, signs, approves or concurs in any account, statement, return, report or document respecting the affairs of the bank, containing any false or deceptive statement, or any return or report required by this Title which does not set forth the true financial condition of the bank, including in [such] the report or return all the information required by the provisions of this Title, is:
1. Guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Liable for all damages which the bank, its stockholders, creditors or depositors suffer in consequence thereof, and is subject to removal upon order of the [administrator.] commissioner.
Sec. 184. NRS 669.030 is hereby amended to read as follows:
669.030 Community means a contiguous area of the same economic unit or metropolitan area as determined by the [administrator,] commissioner, and may include all or part of an incorporated city or several towns or cities.
Sec. 185. NRS 669.090 is hereby amended to read as follows:
669.090 It is unlawful for any person [, partnership, association, corporation or other legal entity] to engage in the business of a trust company without complying with the provisions of this chapter and having a license issued by the [administrator.] commissioner.
Sec. 186. NRS 669.095 is hereby amended to read as follows:
669.095 1. Except as otherwise provided in subsection 2, no person, partnership, firm, association, corporation or other business organization formed and doing business under the laws of this state may:
κ1987 Statutes of Nevada, Page 1943 (CHAPTER 758, SB 284)κ
(a) Use the word trust or any direct derivative of that word as a part of its name.
(b) Advertise or use any sign with the word trust used as a part of its name.
2. The provisions of subsection 1 do not apply to a person or business organization which:
(a) Is supervised by the [administrator] commissioner pursuant to this chapter or chapters 657 to 668, inclusive, or 673 of NRS; or
(b) Is supervised by the commissioner of insurance.
Sec. 187. NRS 669.100 is hereby amended to read as follows:
669.100 No trust company may be organized or operated with a capital of less than $250,000, or in such greater amount as may be required by the [administrator,] commissioner, and paid-up surplus of $50,000, or in such greater amount as may be required by the [administrator.] commissioner. The full amount of the capital and surplus must be paid in cash, exclusive of all organization expenses, before the trust company is authorized to commence business.
Sec. 188. NRS 669.120 is hereby amended to read as follows:
669.120 1. The articles of incorporation must contain:
(a) The corporate name adopted by the corporation, which must be such as to distinguish it from any other trust company formed or incorporated in this state, or engaged in the trust business in this state.
(b) The place where its business is to be conducted.
(c) The purpose for which it is formed.
(d) The amount of its capital stock, which must be divided into shares of the par value of not less than $25 each, except that upon the written approval of the [administrator] commissioner the capital stock may be divided into shares of the par value of not less than $1 each. The amount of capital stock must not be less than $250,000, and must be assessable.
(e) The amount of its original paid-in surplus, which must not be less than 20 percent of its capital stock.
(f) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(g) The number of directors, which must not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom must be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated.
(h) The location of all branch offices as approved by the [administrator.] commissioner.
(i) Such other matters, not inconsistent with law, as the incorporators may deem proper.
2. The articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as is fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the provisions of this chapter.
κ1987 Statutes of Nevada, Page 1944 (CHAPTER 758, SB 284)κ
Sec. 189. NRS 669.130 is hereby amended to read as follows:
669.130 1. The secretary of state shall issue a certificate in the form provided by law for other corporations, and the existence of [such] the trust company as a corporation dates from the issuance of the certificate by the secretary of state, from which time it has and may exercise the powers conferred by law upon corporations generally, except as limited or modified by this chapter.
2. [Such] The trust company shall transact no business, except the election of officers, and the taking and approving of their official bonds, and the receipt of payments on account of the subscriptions of the capital stock, and such other business as is incidental to its organization, until it is authorized by the [administrator] commissioner to commence the trust company business as provided in this chapter.
Sec. 190. NRS 669.140 is hereby amended to read as follows:
669.140 1. The articles of incorporation must:
(a) Be subscribed to by at least three of the stockholders of the proposed corporate trust company.
(b) Be acknowledged by them before some person competent to take an acknowledgment of deeds.
(c) Be filed in the office of the secretary of state.
2. One copy thereof, certified by the secretary of state, must be filed in the office of the clerk of the county in which the principal place of business of the corporation is intended to be located, and another copy thereof in like manner must be filed with the [administrator.] commissioner.
Sec. 191. NRS 669.150 is hereby amended to read as follows:
669.150 1. Thereafter, the corporate trust company shall file an application for a license to transact trust company business with the [administrator] commissioner on forms prescribed by the [administrator,] commissioner, which must contain such information as the [administrator] commissioner may require.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the [administrator,] commissioner, must be paid at the time of making the application.
3. Any request for approval and licensing of a branch location for a trust company must be filed with the [administrator] commissioner on such forms as he may prescribe. A nonrefundable fee of $250 for the application and survey must accompany each [such] request. In addition, a fee of not more than $100, prorated on the basis of the licensing year as provided by the [administrator,] commissioner, must be paid at the time of making the request.
4. All money received by the [administrator] commissioner pursuant to this section must be placed in the investigative fund created by NRS 232.285.
κ1987 Statutes of Nevada, Page 1945 (CHAPTER 758, SB 284)κ
Sec. 192. NRS 669.160 is hereby amended to read as follows:
669.160 1. Within 60 days following the filing of the application for a license the [administrator] commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:
(a) That the persons who will serve as directors or officers are qualified by character and experience.
(b) That the financial status of the stockholders, directors and officers is consistent with their responsibilities and duties.
(c) That the name of the proposed company is not deceptively similar to that of another trust company or otherwise misleading.
(d) That the capital and surplus are not less than the required minimum.
(e) The need for trust facilities or additional trust facilities in the community where the proposed trust company is to be located.
(f) Such other matters concerning the proposed trust company in relation to its location as the [administrator] commissioner may deem relevant.
2. Within 90 days after the application is filed, the [administrator] commissioner shall conduct a public hearing to consider the application. At least 30 days [prior to such] before the hearing, the [administrator] commissioner shall give written notice of the hearing to all persons doing a trust business in the community in which the proposed trust company is to be located and to such other persons, institutions or organizations as he may see fit.
Sec. 193. NRS 669.180 is hereby amended to read as follows:
669.180 If the [administrator] commissioner finds that the applicant has met all the requirements of this chapter and other applicable laws, he shall, within 30 days after the conclusion of the hearing, issue a license to the applicant to conduct a trust company business upon the applicants paying the required license fee. Otherwise the [administrator] commissioner shall deny the application and notify the applicant in writing of the reasons for [such] the denial.
Sec. 194. NRS 669.190 is hereby amended to read as follows:
669.190 1. The initial fee to be paid for a trust company license must be in proportion to the authorized capitalization of the trust company as follows:
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
2. In addition every trust company shall pay an initial license fee of $100 for each branch office that may be authorized by the [administrator.] commissioner.
3. Thereafter, every [such] trust company shall pay annually on or before April 1 of each year a license fee which must be in proportion to its authorized or existing capitalization (capital plus paid-in surplus plus undivided profits), whichever is higher, as follows:
κ1987 Statutes of Nevada, Page 1946 (CHAPTER 758, SB 284)κ
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
4. All money collected under the provisions of this section must be paid into the state general fund and the state treasurer shall issue a receipt therefor.
Sec. 195. NRS 669.200 is hereby amended to read as follows:
669.200 If a proposed trust company fails to open for business within 6 months after the date the license was issued, or within an additional 6-month extension granted by the [administrator] commissioner upon written application and for good cause shown, the [administrator] commissioner shall issue an order canceling the trust companys license.
Sec. 196. NRS 669.230 is hereby amended to read as follows:
669.230 Whenever any trust company desires to discontinue its trust business, it shall furnish to the [administrator] commissioner satisfactory evidence of its release and discharge from all the obligations and trusts which it has assumed or which have been imposed by law. Thereafter, the [administrator] commissioner shall enter an order canceling the trust companys license.
Sec. 197. NRS 669.240 is hereby amended to read as follows:
669.240 1. The directors of a trust company shall require good and sufficient fidelity bonds in the amount of $25,000 or more on all active officers and employees, whether or not they receive a salary or other compensation from the company, to indemnify the company against loss because of any dishonest, fraudulent or criminal act or omission by any [such] officer or employee acting alone or in combination with any other person. The bonds may be in any form and may be paid for by the trust company.
2. [Such] The directors shall obtain suitable insurance [protection] for their company against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.
3. [Such] The directors shall at least annually prescribe the amount or penal sum of [such] the bonds or policies and designate the sureties and underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard. The directors action must be recorded in the minutes of the board of directors and reported to the [administrator.] commissioner.
Sec. 198. NRS 669.250 is hereby amended to read as follows:
669.250 1. For each examination of a trust companys books and records required or authorized under this chapter, the [administrator] commissioner shall charge and collect from the trust company a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
κ1987 Statutes of Nevada, Page 1947 (CHAPTER 758, SB 284)κ
2. All money collected under this section must be paid into the state general fund.
Sec. 199. NRS 669.260 is hereby amended to read as follows:
669.260 In addition to other provisions of this Title which are applicable to this Title as a whole or specifically made applicable to trust companies, the [administrator] commissioner may by regulation make applicable to trust companies any regulatory provision contained in chapters 657 to 667, inclusive, which can be reasonably applied and which are not inconsistent with the provisions of this chapter.
Sec. 200. NRS 669.270 is hereby amended to read as follows:
669.270 The [administrator] commissioner may adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 201. NRS 669.280 is hereby amended to read as follows:
669.280 1. The violation of any of the provisions of this chapter by the officers or directors of any trust company authorized to do business under the provisions of this chapter is sufficient cause for the [administrator] commissioner to close the trust company, liquidate its business and revoke its license
2. If any officer or director of a trust company refuses to allow the [administrator] commissioner or his deputies to inspect all books, records, papers and effects of its business, the [administrator] commissioner may revoke its license and proceed to wind up its affairs.
Sec. 202. NRS 669.290 is hereby amended to read as follows:
669.290 Every officer, employer, director or agent of a trust company who knowingly or willfully neglects to perform any duty required by this chapter or other applicable law, or who knowingly or willfully fails to conform to any material lawful requirement made by the [administrator,] commissioner, is subject to removal upon order of the [administrator,] commissioner, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 203. NRS 670.067 is hereby amended to read as follows:
670.067 The [administrator] commissioner shall adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 204. NRS 670.085 is hereby amended to read as follows:
670.085 Before the articles of incorporation or any amendment to them are filed with the secretary of state they must be approved by the [administrator.] commissioner.
Sec. 205. NRS 670.100 is hereby amended to read as follows:
670.100 When the articles of incorporation have been approved by the [administrator] commissioner and filed in the office of the secretary of state and approved by the secretary of state, and all application, licensing and filing fees and taxes prescribed by law have been paid, the subscribers, their successors and assigns constitute a corporation, and the corporation is then authorized to commence business, and stock of the corporation to the extent authorized by this chapter may from time to time be issued.
κ1987 Statutes of Nevada, Page 1948 (CHAPTER 758, SB 284)κ
Sec. 206. NRS 670.110 is hereby amended to read as follows:
670.110 1. The articles of incorporation may be amended by the affirmative vote of stockholders representing not less than two-thirds of the issued and outstanding stock entitled to vote. No amendment of the articles of incorporation which is inconsistent with the general purposes expressed in this chapter or which eliminates or curtails the right of the [administrator] commissioner to examine the corporation or the obligation of the corporation to make reports as provided in NRS 670.250, may be made.
2. The amendment must then be approved by the [administrator] commissioner before it is submitted to the secretary of state.
3. Within 30 days after any meeting at which an amendment of the articles of incorporation has been adopted, articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth the amendment and due adoption of it, must be submitted to the secretary of state who shall examine them, and if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval on them. Then the articles of amendment must be filed in the office of the secretary of state, and no amendment may take effect until the articles of amendment have been filed.
Sec. 207. NRS 670.115 is hereby amended to read as follows:
670.115 1. A development corporation shall obtain a license from the [administrator] commissioner before conducting any business. The application for the license must be on a form prescribed by the [administrator.] commissioner.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the [administrator,] commissioner, must be paid at the time the application is submitted.
3. All money received by the [administrator] commissioner pursuant to this section must be placed in the investigative fund created by NRS 232.285.
Sec. 208. NRS 670.250 is hereby amended to read as follows:
670.250 1. The [administrator] commissioner shall examine the corporation as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the [administrator] commissioner and more frequently upon the order of the [administrator. The administrator] commissioner. The commissioner shall furnish copies of these reports to the commissioner of insurance and the governor. The corporation shall also furnish such other information as may from time to time be required by the [administrator] commissioner or the secretary of state.
3. The corporation shall pay a reasonable cost for each hour expended by an examiner of financial institutions in conducting the examination and preparing the examination report.
κ1987 Statutes of Nevada, Page 1949 (CHAPTER 758, SB 284)κ
4. The [administrator] commissioner shall exercise the same supervisory authority over corporations organized under this chapter as he now exercises over banks and trust companies chartered by the state.
Sec. 209. NRS 670A.060 is hereby amended to read as follows:
670A.060 The [administrator] commissioner shall adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 210. NRS 670A.090 is hereby amended to read as follows:
670A.090 Before the articles of incorporation or any amendment to them are filed with the secretary of state they must be approved by the [administrator.] commissioner.
Sec. 211. NRS 670A.110 is hereby amended to read as follows:
670A.110 When the articles of incorporation have been approved by the [administrator] commissioner and filed in the office of the secretary of state and approved by the secretary of state, and all application, licensing and filing fees and taxes prescribed by law have been paid, the subscribers, their successors and assigns constitute a corporation, and the corporation is then authorized to commence business, and stock of the corporation to the extent authorized by this chapter may from time to time be issued.
Sec. 212. NRS 670A.120 is hereby amended to read as follows:
670A.120 1. The articles of incorporation may be amended by the affirmative vote of stockholders representing not less than two-thirds of the issued and outstanding stock entitled to vote. No amendment of the articles of incorporation which is inconsistent with the general purposes expressed in this chapter or which eliminates or curtails the right of the [administrator] commissioner to examine the corporation or the obligation of the corporation to make reports as provided in NRS 670A.260, may be made.
2. The amendment must then be approved by the [administrator] commissioner before it is submitted to the secretary of state.
3. Within 30 days after any meeting at which an amendment of the articles of incorporation has been adopted, articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth the amendment and due adoption of it, must be submitted to the secretary of state who shall examine them, and if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval on them. Then the articles of amendment must be filed in the office of the secretary of state, and no amendment may take effect until the articles of amendment have been filed.
Sec. 213. NRS 670A.130 is hereby amended to read as follows:
670A.130 A corporation for economic revitalization and diversification shall obtain a license from the [administrator] commissioner before conducting any business. The application for the license must be on a form and be accompanied by a nonrefundable application fee of not more than $1,000 prescribed by the [administrator.] commissioner.
Sec. 214. NRS 670A.260 is hereby amended to read as follows:
670A.260 1. The [administrator] commissioner shall examine the corporation as often as he deems necessary.
κ1987 Statutes of Nevada, Page 1950 (CHAPTER 758, SB 284)κ
2. The corporation shall make reports of its condition at least annually to the [administrator] commissioner and more frequently upon the order of the [administrator. The administrator] commissioner. The commissioner shall furnish copies of these reports to the commissioner of insurance and the governor. The corporation shall also furnish such other information as may from time to time be required by the [administrator] commissioner or the secretary of state.
3. The corporation shall pay a reasonable cost for each hour expended by a state examiner in conducting the examination and preparing the examination report.
4. The [administrator] commissioner shall exercise the same supervisory authority over corporations organized under this chapter as he now exercises over banks and trust companies chartered by the state.
Sec. 215. NRS 671.030 is hereby amended to read as follows:
671.030 The [administrator] commissioner may adopt such reasonable regulations as may be necessary or appropriate for the administration of this chapter.
Sec. 216. NRS 671.050 is hereby amended to read as follows:
671.050 1. Every application for a license required under this chapter must be in writing, signed by the applicant, and in the form prescribed by the [administrator.] commissioner.
2. The application must contain:
(a) The name and principal business address of the applicant and, if incorporated, the date and place of its incorporation;
(b) The name and address of each of the applicants branch offices, subsidiaries or affiliates, if any, which will be operated under the license;
(c) The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of the applicants stock; and
(d) Such other pertinent information as the [administrator] commissioner requires.
3. The application must be accompanied by:
(a) A surety bond or securities as required by this chapter;
(b) A certified financial statement, satisfactory to the [administrator,] commissioner, showing that the applicants net worth exceeds $100,000, unless the applicants surety bond or securities is in at least twice the minimum principal sum required by NRS 671.100;
(c) A nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the [administrator] commissioner deems necessary; and
(d) A fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the [administrator.] commissioner.
4. All money received by the [administrator] commissioner pursuant to this section must be placed in the investigative fund created by NRS 232.285.
κ1987 Statutes of Nevada, Page 1951 (CHAPTER 758, SB 284)κ
Sec. 217. NRS 671.060 is hereby amended to read as follows:
671.060 1. Upon the filing of the application, payment of the fees and approval of the surety bond or securities, the [administrator] commissioner shall investigate the financial condition and responsibility, the financial and business experience, and the character and general fitness of the applicant and may investigate any partners, directors, trustees or principal officers of the applicant.
2. If the [administrator] commissioner determines that the business of the applicant will be conducted lawfully, honestly, fairly and efficiently, the [administrator] commissioner shall issue a license to the applicant to engage in the business of selling and issuing checks, receiving for transmission or transmitting money or credits, or both.
Sec. 218. NRS 671.070 is hereby amended to read as follows:
671.070 1. A license issued pursuant to this chapter expires on June 30 of the year following its issuance and thereafter expires on June 30 of each year, unless it is earlier surrendered, suspended or revoked.
2. The license may be renewed from year to year upon the approval of the [administrator] commissioner if the licensee files an application conforming to the requirements for an initial application at least 60 days before the expiration of his current license.
3. An application for the renewal of the license must be accompanied by a fee of $200. No investigation fee may be charged for the renewal of the license.
Sec. 219. NRS 671.080 is hereby amended to read as follows:
671.080 1. A license issued under this chapter is not transferable or assignable.
2. The license entitles the holder to engage in business only at the location or locations specified in his application or at a location or locations operated by a duly appointed agent of the licensee.
3. A change must not be made in:
(a) The location of any place of business covered by the license;
(b) The name of the licensed business; or
(c) The licensees operation or services if the nature of the change affects the qualification for the license,
without prior notice to and approval of the [administrator.] commissioner.
Sec. 220. NRS 671.100 is hereby amended to read as follows:
671.100 1. Except as provided in NRS 671.110, each licensee shall have in force a surety bond payable to the State of Nevada for the use and benefit of any holder of any outstanding check sold or issued by a licensee in the normal course of business and for value in the following minimum principal sums:
(a) For the first location granted in the license, $10,000; and
(b) For each additional location in this state where its business is conducted directly or through an agent, $5,000.
The maximum amount of any surety bond required under this subsection is $250,000.
κ1987 Statutes of Nevada, Page 1952 (CHAPTER 758, SB 284)κ
2. The bond must be in a form satisfactory to the [administrator,] commissioner, issued by a bonding company authorized to do business in this state, and [shall] must secure the faithful performance of the obligations of the licensee respecting the sale or issuance of checks and receipt for transmission or transmission of money or credits.
3. A licensee shall, within 10 days after the commencement of any action or notice of entry of any judgment against him by any creditor or claimant arising out of business regulated by this chapter, give notice thereof to the [administrator] commissioner by registered or certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to [such] a creditor or claimant, give notice thereof to the [administrator] commissioner by registered or certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.
4. Whenever the principal sum of the bond is reduced by recoveries or payments thereon, the licensee shall furnish:
(a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required under subsection 1; or
(b) An endorsement, duly executed by the surety reinstating the bond to the required principal sum.
5. The liability of the surety on the bond to [such] a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium [,] or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.
6. The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the licensees agents within 30 days after:
(a) The licensees death or the dissolution or liquidation of his business; or
(b) The termination of the bond,
whichever event occurs first.
7. Whenever the [administrator] commissioner determines that the protection of the public so requires, he may order that an increase be made in the principal sum of the bond of any licensee, except that the [administrator] commissioner may not order an increase of more than $10,000 if the licensee has submitted a current financial statement, or more than $15,000 otherwise.
8. Neither a licensee nor his surety may cancel or alter [such] a bond except after notice to the [administrator] commissioner by registered or certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the [administrator.] commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection 6.