[Rev. 2/12/2019 1:36:33 PM]
κ1991 Statutes of Nevada, Page 921 (CHAPTER 353, SB 367)κ
Sec. 10. Section 5 of chapter 171, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 5. NRS 4.140 is hereby amended to read as follows:
4.140 All fees prescribed in NRS 4.060 , [and] section 2 of [this act] Senate Bill No. 367 of this session, and section 1 of this act must be paid in advance, if demanded. If a justice of the peace has not received any or all of his fees, which are due him for services rendered by him in any suit or proceedings, he may have execution therefor in his own name against the party from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.
Sec. 11. 1. This act becomes effective on July 1, 1991.
2. The amendatory provisions of this act expire by limitation on June 30, 1995.
3. The programs required to be established pursuant to sections 1 and 8 must be operational on or before January 1, 1992.
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Senate Bill No. 380Committee on Finance
CHAPTER 354
AN ACT relating to public employees; specifying the amount to be paid by certain public employers for group insurance for the next biennium; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The cost of monthly premiums which may be applied to group life, accident or health coverage for each participating public officer or employee by the department, commission or public agency which employs the officer or employee must not exceed $203.75 from July 1, 1991, to June 30, 1992, and $213.75 from July 1, 1992, to June 30, 1993.
2. The department, commission or public agency must pay these total monthly premiums to the committee on group insurance. The committee on group insurance shall determine, by actuarial analysis, the amount to contribute toward the actuarial premium of the plan the public officer or employee selects.
3. If the amount to be contributed toward the actual premium of the plan the public officer or employee selects is less than the amount specified in subsection 1, the balance available must be credited to the self-insurance fund created pursuant to NRS 287.0435.
Sec. 2. This act becomes effective on July 1, 1991.
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κ1991 Statutes of Nevada, Page 922κ
Assembly Bill No. 71Committee on Judiciary
CHAPTER 355
AN ACT relating to children; requiring the welfare division of the department of human resources to provide uniform standards for the development and distribution of an informational pamphlet; providing for attachment of the body of a child for his protection; providing for notice to the district attorney of each ruling of a master appointed by a juvenile court; requiring court approval of a juvenile masters findings and recommendations as a condition of effectiveness; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.190 is hereby amended to read as follows:
432B.190 The welfare division shall adopt regulations establishing reasonable and uniform standards for:
1. Protective services provided in this state;
2. Programs for the prevention of abuse or neglect of a child;
3. The development of local councils involving public and private organizations;
4. Reports of abuse or neglect, records of these reports and the response to these reports;
5. The management and assessment of reported cases of abuse or neglect;
6. The protection of the legal rights of parents and children;
7. Emergency shelter for a child;
8. The prevention, identification and correction of abuse or neglect of a child in residential institutions; [and]
9. Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395 [.] ; and
10. Developing and distributing to persons who are responsible for a childs welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding.
Sec. 2. NRS 432B.520 is hereby amended to read as follows:
432B.520 1. After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. [The summons must advise the parties of their rights to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.
2.] If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.
[3.] 2. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.
κ1991 Statutes of Nevada, Page 923 (CHAPTER 355, AB 71)κ
3. Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.
4. [If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides protective services in whose custody the child must remain until the further order of the court.
5.] If the person summoned resides in this state, the summons must be served personally. If the person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address.
5. If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides protective services in whose custody the child must remain until the further order of the court.
6. If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:
(a) In the judges opinion, the service will be ineffectual or the welfare of the child requires that he be brought forthwith into the custody of the court; or
(b) A person responsible for the childs welfare has absconded with him or concealed him from a representative of an agency which provides protective services,
the court may issue a writ for the attachment of the childs person, commanding a law enforcement officer or a representative of an agency which provides protective services to place the child in protective custody.
Sec. 3. NRS 62.090 is hereby amended to read as follows:
62.090 1. The judge, in his discretion, may appoint any person qualified by previous experience, training and demonstrated interest in [youth] the welfare of children as master. The master, upon the order of the judge in proceedings arising under the provisions of this chapter, may swear witnesses and take evidence. No probation officer may act as master unless the proceeding concerns only a minor traffic offense.
2. Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile courts on the first occasion when such instruction is offered after he is appointed.
3. The compensation of a master in juvenile sessions may not be taxed against the parties, but when fixed by the judge must be paid out of appropriations made for the expenses of the district court.
4. The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.
κ1991 Statutes of Nevada, Page 924 (CHAPTER 355, AB 71)κ
5. Notice in writing of the masters findings and recommendations, together with the notice of right of appeal as provided in this section, must be given by the master, or someone designated by him , to the parent, guardian or custodian, if any, of the child, [or] to the childs attorney, to the district attorney, and to any other person concerned. A hearing by the court must be allowed [upon the filing with the court by such person of] if a person entitled to notice files with the court a request for a hearing [if] and the request is filed within 5 days after the giving of the notice. The findings and recommendations of the master, [unless reversed or modified by an order of the court,] upon approval by the court evidenced by signature, constitute a decree of the court.
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Assembly Bill No. 80Committee on Natural Resources, Agriculture and Mining
CHAPTER 356
AN ACT relating to food; increasing the amount of the assessment on certain dairy products for the support of the state dairy commission; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 584.633 is hereby amended to read as follows:
584.633 1. The commission shall assess each distributor of butter a sum not exceeding [1 cent] 2 cents per pound on all butter distributed by the distributor.
2. Except as otherwise provided in subsection 3, the commission shall assess all distributors of fresh dairy products a sum not exceeding 4 cents per gallon on all ice cream, sherbet or ice cream or ice milk mixes, and a sum not exceeding [1 cent] 2 cents per pound on all cottage cheese and yogurt distributed by the distributors.
3. In determining the amount to be assessed a distributor pursuant to subsection 2, the commission shall credit the distributor with any amount which, pursuant to paragraph (a) or (c) of subsection 1 of NRS 584.630, was assessed and paid upon fluid milk and fluid cream which was then used in manufacturing the product subject to the assessment prescribed in subsection 2.
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κ1991 Statutes of Nevada, Page 925κ
Assembly Bill No. 423Committee on Judiciary
CHAPTER 357
AN ACT relating to gaming; providing that certain promotional schemes are not lotteries; authorizing the designation of hearing examiners for certain disputes; prohibiting the possession of certain devices off the premises of a licensed gaming establishment; providing a penalty; making various technical changes; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 462.010 is hereby amended to read as follows:
462.010 [A]
1. Except as otherwise provided in subsection 2, a lottery is any scheme for the disposal or distribution of property, by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining [such] that property, or a portion of it, or for any share or any interest in [such] that property upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle or gift enterprise, or by whatever name [the same] it may be known.
2. A promotional scheme conducted by a licensed gaming establishment in direct association with a licensed gaming activity, contest or tournament is not a lottery.
Sec. 2. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. Contest means a competition among patrons for a prize, whether or not:
1. The prize is a specified amount of money; or
2. Consideration is required to be paid by the patrons to participate in the competition.
Sec. 4. Tournament means a series of contests.
Sec. 5. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, [and] sections 2 and 3 of [this act,] Assembly Bill No. 554 of this session, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 463.225 is hereby amended to read as follows:
463.225 1. If satisfied that an applicant is eligible to receive a state gaming, manufacturing, selling, distributing or pari-mutuel wagering license, and upon tender of:
(a) All license fees and taxes as required by law and regulation of the commission; and
(b) A bond executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license,
κ1991 Statutes of Nevada, Page 926 (CHAPTER 357, AB 423)κ
performance of all requirements imposed by law or regulation or the conditions of the license,
the commission shall issue and deliver to the applicant a license entitling him to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which he is licensed [.] , together with an enumeration of the specific terms and conditions of the license. The commission shall prepare and maintain a written record of the specific terms and conditions of any license issued [and delivered] and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee [.] upon request.
2. The commission shall fix the amount of the bond to be required [under] pursuant to subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee [under] pursuant to this chapter.
3. In lieu of a bond an applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commission.
4. If the requirement for a bond is satisfied in:
(a) Cash, the commission shall deposit the money in the state treasury for credit to the fund for bonds of state gaming licensees which is hereby created as an agency fund.
(b) Any other authorized manner, the security must be placed without restriction at the disposal of the commission, but any income must inure to the benefit of the licensee.
Sec. 7. NRS 463.260 is hereby amended to read as follows:
463.260 1. [All licenses issued under] A license issued pursuant to the provisions of this chapter must be posted by the licensee and kept posted at all times in a conspicuous place in the area where gaming is conducted in the establishment for which the license is issued unit it is replaced by a succeeding license.
2. All licenses may be inspected by authorized state, county, city and town officials.
Sec. 8. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
2. [No] A person may not be employed as a gaming employee unless he is the holder of:
κ1991 Statutes of Nevada, Page 927 (CHAPTER 357, AB 423)κ
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city.
3. A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.
5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing [, the board or any designated member of the board or an examiner appointed by] the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within [30] 45 days after the date of the hearing [announce] mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.
8. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
κ1991 Statutes of Nevada, Page 928 (CHAPTER 357, AB 423)κ
(a) Failed to disclose [, misstated] or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
[8.] 9. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
[9.] 10. Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
[10.] 11. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for more than 90 days.
κ1991 Statutes of Nevada, Page 929 (CHAPTER 357, AB 423)κ
[11. Notice of any objection to or denial of a work permit]
12. The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize such person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
13. Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit [.] , or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice [is presumed] shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 9. NRS 463.361 is hereby amended to read as follows:
463.361 1. Except as otherwise provided in NRS 463.361 to 463.366, inclusive, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.
2. A claim by a patron of a licensee for payment of a gaming debt that is not evidenced by a credit instrument may be resolved [by the board] in accordance with NRS 463.362 to 463.366, inclusive [.] :
(a) By the board; or
(b) If the claim is for less than $500, by a hearing examiner designated by the board.
Sec. 10. NRS 463.362 is hereby amended to read as follows:
463.362 1. Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:
(a) At least $500, the licensee shall immediately notify the board; or
(b) Less than $500, the licensee shall inform the patron of his right to request that the board conduct an investigation.
The board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made.
2. The agent of the board shall mail written notice to the board, the licensee and the patron of his decision resolving the dispute within 30 days after the date the board first receives notification from the licensee or a request to conduct an investigation from the patron.
3. Failure to notify the board or patron as provided in subsection 1 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.
κ1991 Statutes of Nevada, Page 930 (CHAPTER 357, AB 423)κ
4. The decision of the agent of the board is effective on the date the aggrieved party receives notice of the decision. [The date of receipt is presumed to be the date specified on the return receipt.]
5. Notice of the decision of the agent of the board shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice [is presumed] shall be deemed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 11. NRS 463.364 is hereby amended to read as follows:
463.364 1. The party seeking reconsideration bears the burden of showing that the agents decision should be reversed or modified.
2. After the hearing, the board or the hearing examiner may sustain, modify or reverse the agents decision. The decision by the board or the hearing examiner must be in writing and must include findings of fact. A copy of the [boards] decision must be delivered or mailed forthwith to each party or to his attorney of record.
Sec. 12. NRS 463.366 is hereby amended to read as follows:
463.366 1. Except as otherwise provided in subsection 2, a licensee shall pay a patrons claim within 20 days after the decision of the board or the hearing examiner directing him to do so becomes final. Failure to pay within that time is grounds for disciplinary action pursuant to NRS 463.311 to 463.3145, inclusive.
2. If a licensee intends to file a petition for judicial review of the [boards] decision pursuant to NRS 463.3662 to 463.3668, inclusive, the licensee must first deposit in an interest-bearing account in a financial institution an amount equal to the amount is dispute. The licensee shall pay the full amount of the patrons claim, including interest, within 20 days after a final, nonappealable order of a court of competent jurisdiction so directs.
3. The licensee may withdraw the amount deposited in the financial institution upon:
(a) Payment of the full amount of the patrons claim, plus interest, if the licensee has given notice to the board of the payment; or
(b) A final determination by the court that the licensee is not required to pay the claim.
Sec. 13. NRS 463.3662 is hereby amended to read as follows:
463.3662 1. Any person aggrieved by a final decision or order of the board or the hearing examiner made after hearing by the board pursuant to NRS 463.361 to 463.366, inclusive, may obtain a judicial review thereof in the district court of the county in which the dispute between the licensee and patron arose.
2. The judicial review must be instituted by filing a petition within 20 days after the effective date of the final decision or order. The petition must set forth the order or decision appealed from and the grounds or reasons why the petitioner contends that a reversal or modification should be ordered.
3. Copies of the petition must be served upon the board and all other parties of record, or their counsel of record, either personally or by certified mail.
κ1991 Statutes of Nevada, Page 931 (CHAPTER 357, AB 423)κ
4. The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the decision or order of the board [,] or the hearing examiner, but the board itself may grant a stay upon such terms and conditions as it deems proper.
Sec. 14. NRS 463.3666 is hereby amended to read as follows:
463.3666 1. The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the board or the hearing examiner upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing [of] conducted by the board [.] or the hearing examiner. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the board [,] or the hearing examiner, the board or the hearing examiner may modify [its] the decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
2. The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review.
3. The reviewing court may affirm the decision and order of the board [,] or the hearing examiner, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the board [;] or the hearing examiner;
(c) Made upon unlawful procedure;
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
Sec. 15. NRS 463.3668 is hereby amended to read as follows:
463.3668 1. Any party aggrieved by the final decision in the district court after a review of the decision and order of the board or the hearing examiner may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district and supreme courts afforded in this chapter is the exclusive method of review of [the boards] any actions, decisions and orders in hearings held pursuant to NRS 463.361 to 463.366, inclusive. Judicial review is not available for extraordinary common law writs or equitable proceedings.
3. The party requesting judicial review shall bear all of the costs of transcribing the proceedings before the board or the hearing examiner and of transmitting the record on review.
κ1991 Statutes of Nevada, Page 932 (CHAPTER 357, AB 423)κ
Sec. 15.5. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:
Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;
Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and
Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on the premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of the license fees.
5. Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:
(a) The fee due based on the revenue of the month covered by the report; and
(b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month.
κ1991 Statutes of Nevada, Page 933 (CHAPTER 357, AB 423)κ
gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.
6. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest must be computed at the rate [of 1 percent per month] prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
7. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.
8. Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
9. Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:
(a) Charge and collect the additional license fees determined to be due with interest; or
(b) Refund any overpayment, with interest thereon, to the licensee,
based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.
Sec. 16. NRS 463.387 is hereby amended to read as follows:
463.387 1. State gaming license fees or taxes erroneously collected may be refunded, upon the approval of the commission, as other claims against the state are paid.
2. Within 90 days after the mailing of the notice of the commissions action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
3. Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.
4. If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
5. In any case where a refund is granted, interest must be allowed at the rate [of 1 percent per month] prescribed in NRS 17.130 upon the amount found to have been illegally collected from the date [of payment of] the amount is collected to the date the refund is paid.
6. Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, must be filed with the commission within 5 years after the date of overpayment and not thereafter.
κ1991 Statutes of Nevada, Page 934 (CHAPTER 357, AB 423)κ
7. The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.
Sec. 17. NRS 463.3881 is hereby amended to read as follows:
463.3881 1. The board shall give written notice of its determination pursuant to NRS 463.388 to the licensee or other person responsible for the payment of the license fee or tax.
2. The notice may be served by sending it by certified mail, addressed to the licensee or other person at the licensed location as it appears in the records of the commission.
3. Except in the case of fraud or intent to evade the payment of any fee or tax imposed by this chapter , every notice of a determination of deficiency must be mailed within 5 years after the last day of the calendar month following the [quarterly] applicable reporting period in which the deficiency occurred or within 5 years after the report is filed by the licensee, whichever period expires later.
4. If, before the expiration of the time prescribed in this section for the mailing of a notice of a determination of deficiency, the licensee has consented in writing to the mailing of the notice after that time, the notice may be mailed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing before the expiration of the period previously agreed upon.
5. If the reasons for the deficiency are not apparent, the board shall include a brief explanation of those reasons in the notice of a determination of deficiency.
Sec. 18. NRS 463.403 is hereby amended to read as follows:
463.403 1. Every person required to pay the tax imposed by NRS 463.401 shall file with the commission, on or before the 24th day of each month, a report showing the amount of all taxable receipts for the preceding month.
2. Each report must be accompanied by the amount of tax which is due for the month covered by the report.
3. If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto [under] pursuant to this chapter, with interest thereon.
Interest is computed at the rate [of 1 percent per month] prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.
Sec. 19. NRS 463.450 is hereby amended to read as follows:
463.450 1. Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall pay to the commission [the sum] a fee of $10 per day for each [and every] day for each [and every] race book to which such supplier or disseminator [shall furnish] furnishes such information in this state.
κ1991 Statutes of Nevada, Page 935 (CHAPTER 357, AB 423)κ
2. The commission shall [cause all moneys so paid to it to be deposited in the general fund of the state.] collect the fee on or before the 10th day of each month for the preceding calendar month.
3. If the amount of the fee required by this section to be reported and paid is determined to be different than the amount reported or paid by the licensee, the commission shall:
(a) Charge and collect any additional fee determined to be due, with interest thereon until paid; or
(b) Refund any overpaid fees, with interest thereon at the rate prescribed in NRS 17.130 from the date paid.
4. The commission shall remit all fees collected, less any fees refunded pursuant to subsection 3, to the state treasurer for deposit to the credit of the state general fund.
Sec. 20. NRS 463.487 is hereby amended to read as follows:
463.487 1. Publicly traded corporation means:
[1.] (a) Any corporation or other legal entity except a natural person which:
[(a)] (1) Has one or more classes of securities registered pursuant to section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 781); [or
(b)] (2) Is an issuer subject to section 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 780); or
(3) Has one or more classes of securities exempted from the registration requirements of section 5 of the Securities Act of 1933, as amended (15 U.S.C. § 77e), solely by reason of an exemption contained in section 3(a)10, 3(a)11 or 3(c) of the Securities Act of 1933, as amended (15 U.S.C. §§ 77c(a)(10), 77c(a)(11) and 77(c), respectively) or 17 C.F.R. §§ 230.251 et seq.
[2.] (b) Any corporation or other legal entity created under the laws of a foreign country:
[(a)] (1) Which has one or more classes of securities registered on that countrys securities exchange or over-the-counter market; and
[(b)] (2) Whose activities have been found by the commission to be regulated in a manner which protects the investors and the State of Nevada.
2. The term does not include any corporation or other legal entity which has securities registered or is an issuer pursuant to paragraph (a) of subsection 1 solely because it:
(a) Guaranteed a security issued by an affiliated company pursuant to a public offering; or
(b) Is considered by the Securities and Exchange Commission to be a coissuer of a public offering of securities pursuant to 17 C.F.R. § 230.140.
Sec. 21. NRS 463.635 is hereby amended to read as follows:
463.635 1. If a corporation or limited partnership applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, such publicly traded corporation [must:] shall:
(a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in this state, [and] which must:
κ1991 Statutes of Nevada, Page 936 (CHAPTER 357, AB 423)κ
(1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
(b) Register with the commission and provide the following information to the board:
(1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate or limited partnership gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
(2) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the corporate or limited partnership gaming licensee.
(5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.
(6) Remuneration exceeding $40,000 per annum to persons other than directors and officers who are actively and directly engaged in the administration or supervision of the gaming activities of the corporate or limited partnership gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate or limited partnership gaming licensee.
(8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate or limited partnership gaming licensee.
(9) Options existing or from time to time created in respect of its equity securities.
(10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(11) Profit and loss statements, certified by independent certified public accountants, for at least the 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation.
κ1991 Statutes of Nevada, Page 937 (CHAPTER 357, AB 423)κ
corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of this state, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.
[2.] (c) Apply for an order of registration from the commission which must set forth a description of the publicly traded corporations affiliated companies and intermediary companies, and the various gaming licenses and approvals obtained by such entities. The commission may issue an order of registration upon receipt of a proper application. If the information set forth in an order of registration changes, the publicly traded corporation shall apply for and the commission may issue amendments to and revisions of the order of registration to reflect the changes.
(d) If the publicly traded corporation is a foreign corporation, [it must also] qualify to do business in this state.
[3.] 2. The commission may [, at any time and from time to time, by general regulation] adopt regulations that generally or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.
Sec. 22. NRS 463.643 is hereby amended to read as follows:
463.643 1. Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such ownership would otherwise be inconsistent with the declared policy of this state.
2. Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report , or voluntarily reports, such acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78M(d)(1), 78m(g) and 78p(a), respectively), shall file a copy of that report, and any amendments thereto, with the commission within 10 days after filing that report with the Securities and Exchange Commission.
3. Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report , or voluntarily reports, the acquisition pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively), [must be found suitable by] shall apply to the commission [.]
κ1991 Statutes of Nevada, Page 938 (CHAPTER 357, AB 423)κ
78p(a), respectively), [must be found suitable by] shall apply to the commission [.] for a finding of suitability within 30 days after the chairman of the board mails the written notice.
4. A person who acquires beneficial ownership of any voting security in a publicly traded corporation created under the laws of a foreign country which is registered with the commission shall file such reports and is subject to such a finding of suitability as the commission may prescribe.
5. Any person required by the commission or by this section to be found suitable shall:
(a) [Apply] Except as otherwise required in subsection 3, apply for a finding of suitability within 30 days after the commission requests that he do so; and
(b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.
6. Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security of a publicly traded corporation which is registered with the commission beyond that period of time prescribed by the commission.
7. The violation of subsection 5 or 6 is a gross misdemeanor.
Sec. 23. NRS 464.040 is hereby amended to read as follows:
464.040 1. The total commission deducted from pari-mutuel wagering other than off-track pari-mutuel wagering by any licensee licensed [under] pursuant to the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. The total commission deducted from off-track pari-mutuel wagering must be determined by the Nevada gaming commission and may be divided between the licensee and persons licensed or approved by that state to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon.
3. Except as otherwise provided in NRS 464.045 for pari-mutuel wagering on racing, each licensee shall pay to the Nevada gaming commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any racing or sporting event.
4. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
5. Except as otherwise provided in NRS 464.045 for pari-mutuel wagering on racing, the amount paid to the Nevada gaming commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasurer for deposit in the state general fund.
[6. Any person failing to pay the tax imposed by this section at the time required shall pay, in addition to the tax, a penalty of not less than $50 or 25 percent of the amount due, whichever is greater, but not to exceed $1,000.
κ1991 Statutes of Nevada, Page 939 (CHAPTER 357, AB 423)κ
This penalty must be collected as are other charges, fees and penalties under this chapter and chapter 463 of NRS.]
Sec. 24. NRS 465.080 is hereby amended to read as follows:
465.080 1. It is unlawful for any licensee, employee or other person to use counterfeit chips in a gambling game.
2. It is unlawful for any person, in playing or using any gambling game designed to be played with, receive or be operated by chips or tokens approved by the state gaming control board or by lawful coin of the United States of America:
(a) Knowingly to use other than chips or tokens approved by the state gaming control board or lawful coin, legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in that gambling game; or
(b) To use any device or means to violate the provisions of this chapter.
3. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.
4. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession [while] on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, drop box or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.
5. It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, paraphernalia for manufacturing slugs means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips or tokens approved by the state gaming control board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 2. The term includes, but is not limited to:
(a) Lead or lead alloys;
(b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;
(c) Melting pots or other receptacles;
(d) Torches; and
(e) Tongs, trimming tools or other similar equipment.
6. Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.
Sec. 25. Sections 5 and 15.5 of this act become effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 940κ
Assembly Bill No. 469Committee on Health and Welfare
CHAPTER 358
AN ACT relating to the legislative committee on health care; requiring that regulations relating to the licensing of certain practitioners of health care be submitted to the committee for review; prescribing the duties of the committee concerning the review; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, licensing board means any board empowered to adopt standards for licensing or for the renewal of licenses pursuant to chapter 449, 630, 631, 632, 633, 637B, 639, 640, 641, 641B, 652 or 654 of NRS.
2. The committee shall review each regulation that a licensing board proposes or adopts that relates to standards for licensing or to the renewal of a license issued to a person or facility regulated by the board, giving consideration to:
(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;
(b) The effect of the regulation on the cost of health care in this state;
(c) The effect of the regulation on the number of licensed persons and facilities available to provide services in this state; and
(d) Any other related factor the committee deems appropriate.
3. After reviewing a proposed regulation, the committee shall notify the agency of the opinion of the committee regarding the advisability of adopting or revising the proposed regulation.
4. The committee shall recommend to the legislature as a result of its review of regulations pursuant to this section any appropriate legislation.
Sec. 2. NRS 233B.063 is hereby amended to read as follows:
233B.063 1. At or before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation an agency shall deliver to the legislative counsel a copy of the proposed regulation or amendment or an identification of the regulation to be repealed. The legislative counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is submitted to him between August 1 of an even-numbered year and June 15 of the succeeding odd-numbered year, the legislative counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the legislative counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted during the August 1-June 15 period mentioned in subsection 2, the legislative counsel shall return it with any appropriate revisions within 30 days. If the agency is a licensing board as defined in section 1 of this act and the proposed regulation relates to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the legislative counsel shall also deliver one copy of the approved or revised text of the regulation to the legislative committee on health care.
κ1991 Statutes of Nevada, Page 941 (CHAPTER 358, AB 469)κ
agency is a licensing board as defined in section 1 of this act and the proposed regulation relates to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the legislative counsel shall also deliver one copy of the approved or revised text of the regulation to the legislative committee on health care.
3. An agency may adopt a temporary regulation between September 1 of an even-numbered year and June 15 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on September 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a permanent regulation between September 1 of an even-numbered year and June 15 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.
Sec. 3. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective upon filing with the secretary of state of the original of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:
(a) A statute prescribes a specific time when the regulation becomes effective; or
(b) A later date is specified in the regulation.
2. A temporary regulation becomes effective upon filing with the secretary of state of the original of the final draft or revision of a regulation by the agency. The agency shall also file a copy of the temporary regulation with the legislative counsel bureau.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state librarian, to the state librarian for use by the public. If the agency is a licensing board as defined in section 1 of this act and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
κ1991 Statutes of Nevada, Page 942 (CHAPTER 358, AB 469)κ
7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 4. This act becomes effective on June 15, 1991.
________
Assembly Bill No. 667Committee on Labor and Management
CHAPTER 359
AN ACT relating to employment practices; prohibiting an employer from discriminating against an employee or prospective employee because he engages in certain lawful activity which occurs outside the employers premises during his nonworking hours; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is an unlawful employment practice for an employer to:
(a) Fail or refuse to hire a prospective employee; or
(b) Discharge or otherwise discriminate against any employee concerning his compensation, terms, conditions or privileges of employment,
because he engages in the lawful use in this state of any product outside the premises of the employer during his nonworking hours, if that use does not adversely affect his ability to perform his job or the safety of other employees.
2. An employee who is discharged or otherwise discriminated against in violation of subsection 1 or a prospective employee who is denied employment because of a violation of subsection 1 may bring a civil action against the employer who violates the provisions of subsection 1 and obtain:
(a) Any wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) An order directing the employer to offer employment to the prospective employee; and
(d) Damages equal to the amount of the lost wages and benefits.
3. The court shall award reasonable costs, including court costs and attorneys fees to the prevailing party in an action brought pursuant to this section.
4. The remedy provided for in this section is the exclusive remedy for an action brought pursuant to this section.
________
κ1991 Statutes of Nevada, Page 943κ
Assembly Bill No. 488Committee on Legislative Functions and Elections
CHAPTER 360
AN ACT relating to state property; revising the description of the legislative grounds; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 331.135 is hereby amended to read as follows:
331.135 1. The legislature reserves the supervision and control, both during and between legislative sessions, of:
(a) The entire legislative building, including its chambers, offices and other rooms, and its furnishings and equipment.
(b) [The entire] A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capitol grounds [.] , situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:
Beginning at the southwest corner of block 36, Sears Thompson Sears Division, as shown on that record of survey;
Thence N 89Ί52'32" E, a distance of 443.93 feet;
Thence N 00Ί12'15" E, a distance of 302.14 feet;
Thence N 44Ί47'45" W, a distance of 189.88 feet to the north side of an existing sidewalk;
Thence N 89Ί39'33" W, along that sidewalk, a distance of 97.13 feet to the east side of an existing sidewalk;
Thence N 00Ί14'26" E, along that sidewalk, a distance of 270.00 feet, more or less, to the north line of a sidewalk;
Thence N 89Ί47'45" W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;
Thence S 00Ί13'08" W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.
Containing 5.572 acres, more or less.
(c) The entire parcel of land bounded on the [west by Fall Street, on the south by Fifth Street, on the east by Stewart Street, and on the north by Fourth Street.] north by Fifth Street, on the south by Sixth Street, on the east by Steward Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.
κ1991 Statutes of Nevada, Page 944 (CHAPTER 360, AB 488)κ
Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.
(d) The entire parcel of land [situated in Carson City, Nevada, described as:
All of] bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right of way of Valley Street, also described as block 39 of Sears [, Thompson and Sears subdivision] Thompson Sears Division of Carson City; and the west 30.00 feet of the abandoned right of way of Valley Street abutting block 39 of Sears [, Thompson and Sears subdivision.] Thompson Sears Division.
Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its department of transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.
(e) Any other property acquired for the use of the legislature or its staff.
2. The director of the legislative counsel bureau:
(a) Shall provide an individual office for each legislator whose position as an officer or as a chairman of a committee does not otherwise entitle him to occupy an assigned office.
(b) May assign the use of [all] space in the legislative building [during the interim between sessions of the legislature, and establish and charge reasonable fees for any use by the public of the auditorium on the first floor.] or other legislative facilities or on the legislative grounds in such a manner as the legislative commission prescribes.
3. The director of the legislative counsel bureau shall cause the legislative building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 945κ
Assembly Bill No. 492Assemblymen Anderson, Dini, Gibbons, Evans, Giunchigliani, Krenzer, Myrna Williams, Elliott, Little, Price, Porter, Norton, Hardy, Bache, Haller, Johnson, Sader, Freeman, Goetting, Garner, Callister, Wendell Williams, Bennett, Petrak, Carpenter, Gregory, Pettyjohn, Arberry, Spitler, Heller, Wong, Spriggs, McGaughey, Bayley, Marvel, Humke and McGinness
CHAPTER 361
AN ACT relating to educational personnel; making various changes relating to the suspension and dismissal of such an employee; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.314 is hereby amended to read as follows:
391.314 1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within [10] 5 day after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employees dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension [may] is entitled to continue to receive his salary from the [time his suspension is effective] date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this [section] subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
κ1991 Statutes of Nevada, Page 946 (CHAPTER 361, AB 492)κ
5. A licensed employee who is convicted of a crime which requires registration as a sex offender pursuant to NRS 207.151 or convicted of an act forbidden by NRS 200.508, 201.190, 201.265 or 207.260 forfeits all rights of employment from the date of his arrest.
6. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
8. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employees contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
________
Assembly Bill No. 511Committee on Ways and Means
CHAPTER 362
AN ACT relating to group insurance for public employees; specifying the amount payable by the state for its retired employees for the next biennium; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The budget division of the department of administration shall pay:
1. For the fiscal year 1991-92, $109.35 per month; and
2. For the fiscal year 1992-93, $119.35 per month,
toward the cost of the premiums of group insurance for retired employees of the state.
Sec. 2. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 947κ
Assembly Bill No. 521Committee on Judiciary
CHAPTER 363
AN ACT relating to adoption; making various changes to the provisions governing the state register for adoptions; authorizing the welfare division of the department of human resources to accept relinquishments for adoption on behalf of certain child-placing agencies located in other states; requiring such child-placing agencies to reimburse the welfare division for costs related to accepting such relinquishments; authorizing employees of such child-placing agencies to witness adoptions; making various changes to the provisions governing the placement of a child for adoption; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 127.007 is hereby amended to read as follows:
127.007 1. The welfare division of the department of human resources shall maintain the state register for adoptions, which is hereby established, in its central office for the purpose of providing information to identify adults who were adopted and [their natural parents.] persons related to them within the third degree of consanguinity.
2. The state register for adoptions consists of:
(a) Names and other information, which the state welfare administrator deems to be necessary for the operation of the register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information voluntarily to the welfare division; [and]
(b) Names and other necessary information of persons who are 18 years of age or older, who were adopted and who have submitted the information voluntarily to the welfare division [.] ; and
(c) Names and other necessary information of persons who are related within the third degree of consanguinity to adopted persons, and who have submitted the information voluntarily to the welfare division.
Any person whose name appears in the register may withdraw it by requesting in writing that it be withdrawn. The welfare division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information [relating] to identify that person, including the information that such a name was ever in the register.
3. [The] Except as otherwise provided in subsection 4, the welfare division may release information [about a natural parent] :
(a) About a person related within the third degree of consanguinity to an adopted person [, or about] ; or
(b) About an adopted person to a [natural parent,] person related within the third degree of consanguinity,
if the names and information about both are contained in the register.
4. An adopted person may, by submitting a written request to the welfare division, restrict the release of any information concerning himself to one or more categories of relatives within the third degree of consanguinity.
κ1991 Statutes of Nevada, Page 948 (CHAPTER 363, AB 521)κ
more categories of relatives within the third degree of consanguinity. The welfare division shall not release information:
(a) About a person related within the third degree of consanguinity to an adopted person; or
(b) About an adopted person to a person related within the third degree of consanguinity,
without the consent of the natural parent.
Sec. 2. NRS 127.050 is hereby amended to read as follows:
127.050 1. The following agencies may accept relinquishments for the adoption of children from parents and guardians [and may consent to the adoption of children:
1.] in this state:
(a) The welfare division of the department of human resources [, to whom the child has been relinquished for adoption;
2.] in its own capacity or on behalf of a child-placing agency authorized under the laws of another state to accept relinquishments and make placements; or
(b) A child-placing agency licensed by the welfare division of the department of human resources . [, to whom the child has been relinquished for adoption; or
3. Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished for adoption.]
2. The following agencies may consent to the adoption of children in this state:
(a) The welfare division of the department of human resources, to whom the child has been relinquished for adoption;
(b) A child-placing agency licensed by the welfare division of the department of human resources, to whom the child has been relinquished for adoption; or
(c) Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished or otherwise approved for adoption in that state.
3. If the welfare division of the department of human resources accepts a relinquishment on behalf of a child-placing agency pursuant to subsection 1, the child-placing agency shall reimburse the welfare division for any costs associated with the acceptance.
Sec. 3. NRS 127.053 is hereby amended to read as follows:
127.053 No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:
1. Identifies the child to be adopted by name, if any, gender and date of birth.
2. Is in writing and signed by the person consenting to the adoption as required in this chapter.
3. Is acknowledged by the person consenting and signing the [same] consent to adoption in the manner and form required for conveyances of real property by NRS 111.240 to 111.305, inclusive.
4. Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.
κ1991 Statutes of Nevada, Page 949 (CHAPTER 363, AB 521)κ
5. Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:
(a) The welfare division of the department of human resources;
(b) An agency licensed in this state to place children for adoption; [or]
(c) A comparable state or county agency of another state [.] ; or
(d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.
Sec. 4. NRS 127.280 is hereby amended to read as follows:
127.280 1. A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless [the] :
(a) The welfare division of the department of human resources first receives written notice of the proposed placement from:
[(a)] (1) The prospective adoptive parents of the child;
[(b)] (2) The person recommending the placement; or
[(c) A child-placing agency,
and the]
(3) A natural parent:
(b) The investigation required by the provisions of this section has been completed [.
2. If the placement is to be made by a child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If the placement is recommended by a person other than a child-placing agency, the] ; and
(c) In the case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.
2. Upon receipt of written notice from any person other than the natural parent, the welfare division shall contact the natural parent to confirm his intention to place the child for adoption with the prospective adoptive parents identified in the written notice.
3. The welfare division shall, within 60 days after receipt of [the written notice,] confirmation of the natural parents intent to place the child for adoption and the completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.
κ1991 Statutes of Nevada, Page 950 (CHAPTER 363, AB 521)κ
4. If the placement is to be made in a home outside of this state, the welfare division must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.
5. Pending completion of the required investigation, the child must be:
(a) Retained by the natural parent; or
(b) [Voluntarily placed] Placed by the natural parent with the welfare division [or relinquished to the welfare division] and placed by the welfare division in a foster home licensed by it,
until a determination is made by the welfare division concerning the suitability of the prospective adoptive parents.
6. Upon completion of the investigation, the welfare division shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the natural parent [must] may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed and [if the child has not been relinquished pursuant to the provisions of subsection 5, and] then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
7. Whenever the welfare division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the welfare divisions petition, and proceed pursuant to paragraph (b) of subsection 6; or
κ1991 Statutes of Nevada, Page 951 (CHAPTER 363, AB 521)κ
(2) Proceed pursuant to paragraph (b) of subsection 6 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
8. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the welfare division does not proceed pursuant to subsection 7, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 6.
9. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of this section is guilty of a gross misdemeanor.
Sec. 5. NRS 127.281 is hereby amended to read as follows:
127.281 1. A prospective adoptive parent who is subject to an investigation by the welfare division or a child-placing agency must submit as part of the investigation a complete set of his fingerprints and written permission authorizing the division or child-placing agency to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation.
2. The division or child-placing agency may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
3. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the division or child-placing agency that submitted the fingerprints.
4. Any fees for fingerprinting and submission to the central repository and the Federal Bureau of Investigation must be paid by the prospective adoptive parent [.] , unless the welfare division of the department of human resources is authorized to pay the fees pursuant to regulations adopted by the state welfare board.
________
κ1991 Statutes of Nevada, Page 952κ
Assembly Bill No. 567Assemblymen Myrna Williams, Dini, Anderson, Freeman, Norton, Elliott, Carpenter, Wong, Kerns, Giunchigliani, Garner, Porter, Evans, Sader, McGaughey, Lambert, Callister and Spitler
CHAPTER 364
AN ACT relating to planning; requiring a public utility to report the location of a utility project which is located in certain counties or regions to the planning commission of each city, county or region in which the utility project is located; requiring a utility project to be included in certain regional and master plans; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each public utility which owns an interest in or is engaged in the construction or operation of a utility project, or on whose behalf the utility project is constructed, which is located in a region or county whose population is 100,000 or more shall, within 60 days after the utility project has been approved for construction, report the location of the utility project to the planning commission of each city, county or region in which it is located.
2. The planning commission of each city, county or region shall maintain a record of each report it receives from a public utility pursuant to subsection 1.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
3. Cities and counties means all counties and cities located in counties. Carson city is considered as a county.
4. Commission means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor [under] pursuant to this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
κ1991 Statutes of Nevada, Page 953 (CHAPTER 364, AB 567)κ
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, [under] pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivider means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
16. Utility project means:
(a) An electric transmission line which is designed to operate at 200 kilovolts or more; or
(b) A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,
which has been approved for construction after October 1, 1991, by the state or Federal Government or a local government.
Sec. 3. NRS 278.0274 is hereby amended to read as follows:
278.0274 The comprehensive regional plan must include goals, policies, maps and other documents relating to:
1. Population, including a projection of population growth in the region and the resources that will be necessary to support that population.
2. Conservation, including policies relating to the use and protection of air, land, water, and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.
3. Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must allow for a variety of uses, describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses and must be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.
κ1991 Statutes of Nevada, Page 954 (CHAPTER 364, AB 567)κ
studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.
4. Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and ground-water aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction, identify the providers of public services within the region and the area within which each must serve, including service territories set by the public service commission of Nevada for public utilities, and must establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development.
5. Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, sphere of influence means an area into which a political subdivision may expand in the foreseeable future.
6. Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.
7. Any utility project required to be reported pursuant to section 1 of this act.
Sec. 4. NRS 278.0288 is hereby amended to read as follows:
278.0288 The region defined in NRS 278.790 is exempt from the provisions of NRS 278.026 to 278.029, inclusive [.] , and section 1 of this act.
Sec. 5. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, must include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable air pollution level.
κ1991 Statutes of Nevada, Page 955 (CHAPTER 364, AB 567)κ
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public funds in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing. Survey of housing conditions and needs and plans and procedure for improvement of housing standards and for the provision of adequate housing.
(f) Land use plan. An inventory and classification of natural land types and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor [.] , including any utility projects required to be reported pursuant to section 1 of this act.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(l) Solid waste disposal plan. Showing general plans for disposal of solid waste.
(m) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of street naming or numbering, and house numbering, with recommendations concerning proposed changes.
(n) Transmit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(o) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
κ1991 Statutes of Nevada, Page 956 (CHAPTER 364, AB 567)κ
Sec. 6. Section 133 of Assembly Bill No. 221 of this session is hereby amended to read as follows:
Sec. 133. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of [this act,] Assembly Bill No. 567 of this session, unless the context otherwise requires:
1. [Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2.] Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
[3.] 2. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
[4.] 3. Commission means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.
4. Common-interest community has the meaning ascribed to it in section 10 of this act.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor pursuant to this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
κ1991 Statutes of Nevada, Page 957 (CHAPTER 364, AB 567)κ
14. Subdivider means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
16. Utility project means:
(a) An electric transmission line which is designed to operate at 200 kilovolts or more; or
(b) A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,
which has been approved for construction after October 1, 1991, by the state or Federal government or a local government.
________
Assembly Bill No. 609Committee on Judiciary
CHAPTER 365
AN ACT relating to traffic laws; requiring under certain circumstances a third and fourth evidentiary test to determine the percentage of alcohol in a persons blood or breath if the difference between the percentage indicated by two samples is more than 0.02; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.386 is hereby amended to read as follows:
484.386 1. Except as otherwise provided in subsection 2, for the purposes of NRS 484.384 and 484.385, an evidentiary test of breath to determine the percentage of alcohol in a persons blood or breath may be used to establish that percentage only if two consecutive samples of the persons breath are taken [.] and:
(a) The difference between the percentage of alcohol in the persons blood or breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the percentage of alcohol in the persons blood or breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.
2. If the person [willfully] fails to provide the second [such] or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the percentage of alcohol in the persons blood [.] or breath. If for some other reason a second , third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the percentage.
κ1991 Statutes of Nevada, Page 958 (CHAPTER 365, AB 609)κ
3. A willful failure to provide a second or third consecutive sample or submit to a fourth evidentiary test is a failure to submit to a required evidentiary test.
________
Assembly Bill No. 635Committee on Government Affairs
CHAPTER 366
AN ACT relating to school districts; requiring the transfer of all accumulated sick leave of an employee of a school district who takes a position with another school district; providing certain limitations and exceptions; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means any employee of a school district in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to the Local Government Employee-Management Relations Act, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. If any subject specified in this subsection is included in a negotiated agreement, the terms of the agreement govern in case of a conflict with regulations prescribed by the board.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the [individual] employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. [Accumulated] Except as otherwise provided in this subsection, if an employee of a school district takes a position with another school district, all sick leave [up to a maximum of 30 days may] that he has accumulated must be transferred from [one] his former school district to [another.] his new school district. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district into which the employee transferred.
κ1991 Statutes of Nevada, Page 959 (CHAPTER 366, AB 635)κ
negotiated agreement or the policy of the district into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district provides otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from the district into which he transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) [When] If an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary may be made therefor.
(b) [When] If on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
Sec. 2. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 669Committee on Labor and Management
CHAPTER 367
AN ACT relating to occupational diseases; providing that the physical examination required of certain peace officers and fire fighters pursuant to statutes relating to occupational diseases must include a hearing test; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
Any physical examination administered pursuant to NRS 617.455 or 617.457 must include a thorough test of the functioning of the hearing of the employee. The test required by this section must be paid for by the employer.
________
κ1991 Statutes of Nevada, Page 960κ
Assembly Bill No. 709Committee on Natural Resources, Agriculture and Mining
CHAPTER 368
AN ACT relating to minerals; establishing a method for determining and reporting royalties and other interests in the sale of the production from an oil or gas well located in this state; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 522 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Division order means a written instrument executed for the purpose of:
1. Directing the distribution of the proceeds from the sale of the production from an oil or gas well among the owners of the interests in that production;
2. Setting forth the name and address of each of those owners; and
3. Enabling the purchaser of the production from an oil or gas well who is responsible for the distribution to make remittance directly to each of those owners.
Sec. 3. (Deleted by amendment.)
Sec. 4. Lessor means the mineral owner who has executed a lease and who is entitled to the payment of a royalty on production.
Sec. 5. Other nonworking interest means any interest in an oil and gas lease or well which is not a royalty, overriding royalty or working interest.
Sec. 6. Overriding royalty means a share of production taken from the lessees interest under an oil and gas lease.
Sec. 7. Royalty means the mineral owners share of production.
Sec. 8. Working interest means the interest granted under an oil and gas lease, giving the lessee the right to work on the leased property to search for, develop and produce oil and gas.
Sec. 9. 1. For purposes of determining the respective rights of the lessor and lessee and the owners of a royalty interest, overriding royalty interest and any other nonworking interest in the money earned from an oil and gas lease or other agreement concerning the sale of the production from an oil or gas well located in this state:
(a) The lessee is liable for all of the costs of production, which must be deducted from the working interest.
(b) The lessors interest, the mineral owners royalty interest and the overriding royalty interest must not be decreased by the costs of production.
(c) The following information must be reported with each remittance, unless otherwise reported each month, to the owner of an interest:
(1) The name or number used to identify the lease, property or well;
(2) The month and year during which any sale occurred for which payment is being made;
(3) The total number of barrels of oil or thousands of cubic feet of gas sold;
κ1991 Statutes of Nevada, Page 961 (CHAPTER 368, AB 709)κ
(4) The price per barrel of oil or the price per thousand cubic feet of gas;
(5) The total amount of state taxes on the net proceeds of minerals, taxes ad valorem and other taxes on the production from an oil or gas well, if the payment of those taxes reduces the amount paid to the owner of an interest;
(6) An itemized list of any other deductions or adjustments that reduce the amount paid to the owner of an interest;
(7) The net value of total sales after deductions or adjustments that reduce the amount paid to the owner of an interest;
(8) The percentage share of the owner of an interest in the sales of the production from the oil or gas well, lease or property as expressed by a decimal number;
(9) The share of the total value attributed to the owner of an interest in the sales of the production from the oil or gas well, lease or property before and deductions or adjustments and after any deductions or adjustments; and
(10) A name and an address where the owner of an interest may receive clarification of the information reported pursuant to this paragraph and additional information concerning his interest. If information is requested by certified mail, an answer must be mailed by certified mail within 30 days after receipt of the request.
2. Any person who fails to report information pursuant to paragraph (c) of subsection 1 is liable to the affected owner of an interest, except for the working interest, in the amount of $100 for each violation and $100 for each month that elapses thereafter until the information is provided.
3. As used in this section, the term costs of production means all costs incurred for the exploration and development of, primary or enhanced recovery of oil or gas from, and operations associated with the abandonment of, an oil or gas well, including costs associated with the:
(a) Acquisition of an oil and gas lease;
(b) Drilling and completion of the well;
(c) Pumping or lifting, recycling, gathering, compressing, pressurizing, heater treating, dehydrating, separating and storing of oil or gas; and
(d) Transporting of oil to storage tanks, or gas into the pipeline for delivery.
The term does not include the reasonable and actual direct costs associated with transporting oil from storage tanks to the market, gas from the point of entry into the pipeline to the market or the processing of gas in a processing plant.
Sec. 10. 1. The provisions of sections 2 to 10, inclusive, of this act govern the relationship between the parties to an oil and gas lease, or other agreement, concerning the determination and reporting of royalties, overriding royalties, working interests or other nonworking interests from the sale of the production from an oil or gas well located in this state, unless otherwise specifically provided within such a lease or other agreement that has been reduced to writing and executed by all of the affected parties.
2. A division order may not alter or amend the terms of a previously executed oil or gas lease or other written agreement. A division order that purports to alter or amend the terms of such a lease or other agreement is invalid to the extent of the alteration or amendment and the terms of the oil or gas lease or other written agreement govern.
κ1991 Statutes of Nevada, Page 962 (CHAPTER 368, AB 709)κ
invalid to the extent of the alteration or amendment and the terms of the oil or gas lease or other written agreement govern.
Sec. 11. NRS 522.020 is hereby amended to read as follows:
522.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 522.021 to 522.039, inclusive, [and] sections 2 and 3 of [this act,] Assembly Bill No. 549 of this session, and sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 12. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 750Committee on Judiciary
CHAPTER 369
AN ACT relating to juvenile justice; revising certain restrictions upon the detention of juveniles; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order. The court may authorize supervised detention at the childs home in lieu of detention at a facility for the detention of juveniles.
κ1991 Statutes of Nevada, Page 963 (CHAPTER 369, AB 750)κ
3. A child alleged to be delinquent or in need of supervision must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:
(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;
(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;
(c) The child was brought to the probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
4. A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.
5. A child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult convicted of crime or under arrest and charged with crime, unless:
(a) The child is alleged to be delinquent;
(b) No alternative facility is available; and
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
6. A child alleged to be delinquent who is taken into custody and detained must be given a detention hearing, conducted by the judge or master:
(a) Within 24 hours after the child submits a written application;
(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;
(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or
(d) Within 72 hours after the commencement of detention at a facility in which no adults are detained or confined,
whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
7. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.410. The certificate of attendance must not set forth the name of the child or the offense alleged.
8. A child who is taken into custody and detained must, if alleged to be a child in need of supervision, be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, except as otherwise provided in subsection 9 or unless the court holds a detention hearing and determines the child:
κ1991 Statutes of Nevada, Page 964 (CHAPTER 369, AB 750)κ
(a) [Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.] Has threatened to run away from home or from the shelter;
(b) Is accused of violent behavior at home; or
(c) Is accused of violating the terms of his supervision and consent decree.
If the court makes such a determination, the child may be detained for an additional 24 hours [,] after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.
9. A child alleged to be in need of supervision who is taken into custody and detained need not be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to a shelter for care, if the court holds a detention hearing and determines the child:
(a) [Has threatened to run away from home or from the shelter;
(b) Is accused of violent behavior at home; or
(c) Is accused of violating the terms of his parole, probation or supervision and consent decree.] Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.
If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.
10. During the pendency of a criminal or quasi-criminal charge of murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.
________
κ1991 Statutes of Nevada, Page 965κ
Assembly Bill No. 765Committee on Judiciary
CHAPTER 370
AN ACT relating to missing persons; reducing the number of years of continuous absence required before the estate of a missing person may be administered; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 156.120 is hereby amended to read as follows:
156.120 If any person owning property in [the State of Nevada] this state has been absent from his last known place of residence for a continuous period of [7] 3 years, with his whereabouts for [such] that period unknown to the persons most likely to know thereof, he shall be deemed to be a missing person, and all property of [such] the person in [the State of Nevada] this state may be administered, as though [such person] he were deceased, in the same manner provided in this Title for the administration of estates of deceased persons, subject to the conditions, restrictions and limitations prescribed in NRS 156.120 to 156.260, inclusive.
Sec. 2. NRS 156.140 is hereby amended to read as follows:
156.140 1. If a verified petition is presented to the court having jurisdiction, as provided in NRS 156.130, by his spouse or any of his family or friends, representing that his whereabouts has been for [such period of time] the required period and still is unknown and that he left an estate which requires administration, the clerk of the court shall appoint a day for hearing [such] the petition, not less than 3 months from the date of filing.
2. [Such] The petition may be for administration of the estate or probate of the will of [such] the person, as the case may be, and [shall] must be verified to the best knowledge and belief of the petitioner.
3. [Such petition shall] The petition must set forth a statement of facts as required in the case of administration of estates of deceased persons and [shall] must contain allegations as to the last known place of residence of the missing person, when he disappeared therefrom, the fact that he has not been heard from by the person most likely to hear, naming [such] the person and his relationship, for a period of [7] 3 years or more, and the fact that his whereabouts is unknown to [such] the person and the petitioner.
Sec. 3. NRS 156.160 is hereby amended to read as follows:
156.160 1. The court shall hear all evidence in support of or in opposition to the petition provided for in NRS 156.140, and, if satisfied that the allegations thereof are true, and that [such] the missing person has remained missing for a continuous period of [7] 3 years or more and that his whereabouts is unknown, shall appoint some qualified person as administrator or executor in the manner provided in this Title for the estates of deceased persons.
2. If the court grants [such] the order, it shall [fix] :
κ1991 Statutes of Nevada, Page 966 (CHAPTER 370, AB 765)κ
(a) Fix and determine the time when [such] the person left his last place of residence and abode and became missing and that his whereabouts has not been known continuously for a period of at least [7 years.] 3 years; and
(b) Make a finding stating the fact and date of death.
3. At the hearing the court may consider the testimony of any witnesses likely to know the last place of residence and whereabouts of [such] the missing person, and may receive in evidence and consider the affidavits and depositions of other competent persons.
Sec. 4. NRS 156.180 is hereby amended to read as follows:
156.180 No distribution of the property of [such] the missing person to the heirs, devisees or legatees [thereof shall] of the missing person may be made until the lapse of [3 years] 1 year after the appointment and qualification of the executor or administrator, unless the distributee gives a bond in a penal sum not less than the value of the property distributed and for such additional amount as the court [may prescribe,] prescribes, conditioned for the return of the property or the value thereof to the representative of the estate in case the missing person be adjudicated to be still living since the commencement of [such 7-year] the 3-year period, and also conditioned to save the representative of the estate harmless from the damages and expenses of all suits brought by the missing person or anyone succeeding to his rights, by reason of [such] the distribution during [such] the period of [3 years.] 1 year.
Sec. 5. NRS 156.190 is hereby amended to read as follows:
156.190 1. If any person, within [3 years] 1 year after the appointment and qualification of a representative, files a verified petition, claiming to be the missing person, and causes a copy [thereof] of the petition to be served personally or by registered or certified mail upon the representative and upon each of the persons entitled to share in the estate of [such] the missing person upon the death [thereof,] of the missing person, and the legatees and devisees, the court shall determine the identity of the claimant at a hearing for [such] that purpose.
2. The court may, upon application or of its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination [thereof,] of the action, in case the outcome of [such] the hearing be adverse to the claimant.
3. [Such petition shall] The petition must set forth the facts and circumstances of the claimants disappearance and continued absence, and other facts and circumstances upon which he relies for his identification.
Sec. 6. NRS 156.210 is hereby amended to read as follows:
156.210 1. If any other person within [3 years] 1 year after the appointment and qualification of the representative files a verified petition claiming that the missing person died subsequent to the commencement of the [7-year] 3-year period provided herein, and [such] the petitioner is entitled to the property in the estate, or any portion thereof, as successor in interest to the rights of the missing person, and if [such] the petitioner causes a copy of [such] the petition to be served personally or by registered or certified mail upon the representative of the estate and upon each of the heirs, legatees and devisees, the court shall determine the truth of the facts contained in [such] the petition.
κ1991 Statutes of Nevada, Page 967 (CHAPTER 370, AB 765)κ
2. The court may, upon application or on its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and determination of the truth of the facts contained in [such] the petition, in case the hearing be decided adverse to [such] the claimant.
3. If the hearing be decided in favor of the claimant, the court shall make and enter such order as the circumstances require.
Sec. 7. NRS 156.220 is hereby amended to read as follows:
156.220 1. If no claims are made during the [3-year] 1-year period by any person claiming to be the missing person or a person claiming to have succeeded to the rights of [such] that person, a conclusive presumption [shall arise] arises that the missing person died [prior to] before the filing of the petition for the administration of his estate or the probate of his will.
2. In such event the estate [shall] must be finally distributed accordingly, so far as the same has not already been accomplished, and the court shall order the estate closed and all liability of sureties, the representative and the distributees ended, and all bonds canceled.
Sec. 8. NRS 156.230 is hereby amended to read as follows:
156.230 If the petition provided in NRS 156.140 is filed more than [10] 5 years after the disappearance of the missing person, the estate of [such] the person may be finally distributed and closed at the end of 1 year [from] after the filing of [such] the petition, without a bond being given.
Sec. 9. NRS 156.240 is hereby amended to read as follows:
156.240 No claims against the estate of [such] a missing person, or against the representative of the estate or any surety or distributee may be brought by any person, including the missing person and persons claiming under him, after the expiration of [10] 5 years from the date of disappearance as determined in the manner provided in NRS 156.160.
Sec. 10. The amendatory provisions of this act apply to all missing persons, whether their absence began before October 1, 1991, is still continuing, or begins after October 1, 1991.
________
κ1991 Statutes of Nevada, Page 968κ
Assembly Bill No. 770Committee on Judiciary
CHAPTER 371
AN ACT relating to gaming; prohibiting the operation of gaming devices in certain areas of a public transportation facility without the prior approval of the state gaming control board; authorizing a court to issue an order for the use of a pen register or trap and trace device upon the affidavit of certain agents of the state gaming control board under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A licensee shall not operate a gaming device in a restricted area of a public transportation facility without prior approval of the board.
2. If approval to operate a gaming device in a restricted area of a public transportation facility is sought for a gaming device located in an area of a public transportation facility that may become a restricted area, the application for approval must be filed with the board at least 15 days before the anticipated restriction of the area or such shorter time as the board may allow.
3. As used in this section:
(a) Public transportation facility has the meaning ascribed to it in NRS 463.177.
(b) Restricted area means a portion of a public transportation facility for which the access of the general public is restricted or screening of the general public is required.
Sec. 2. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The legislature hereby finds, and declares to be the public policy of this state, that:
(a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.
(d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.
κ1991 Statutes of Nevada, Page 969 (CHAPTER 371, AB 770)κ
(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.
2. No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
Sec. 3. NRS 179.530 is hereby amended to read as follows:
179.530 1. District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the attorney general or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions exist on July 1, 1989.
2. As used in this section, peace officer means:
(a) Sheriffs of counties and metropolitan police departments and their deputies;
(b) Investigators, agents, officers and employees of the division of investigation of the department of motor vehicles and public safety who have the powers of peace officers pursuant to NRS 481.230; [and]
(c) Policemen of cities and towns [.] ; and
(d) Agents of the state gaming control board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS.
3. A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 593Senator Getto
CHAPTER 372
AN ACT relating to hunting; prohibiting a person from interfering with another person lawfully hunting or trapping; providing a penalty; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 503.015 is hereby amended to read as follows:
503.015 1. It is unlawful for a person, or a group of people [,] acting together, to intentionally [to] interfere with [a] another person who is lawfully hunting or trapping.
κ1991 Statutes of Nevada, Page 970 (CHAPTER 372, SB 593)κ
fully hunting or trapping. For the purpose of this subsection, hunting or trapping is lawful only if permitted by the owner or person in possession of the land, other than the government, in addition to any requirement of license or permit from a public authority.
2. The provisions of subsection 1 do not apply to any incidental interference arising from lawful activity by users of the public land, including without limitation ranchers, miners or persons seeking lawful recreation.
________
Senate Bill No. 589Committee on Judiciary
CHAPTER 373
AN ACT relating to children; requiring the judge of the juvenile division of the district court to impose an administrative assessment on certain children within the purview of the court; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211 1. If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court must not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and must not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) If the child is 12 years of age or older, commit the child to the custody of the youth services division of the department of human resources for suitable placement in a correctional or institutional facility. The division must notify the parents of the child and the court before transferring a child from one such facility to another.
κ1991 Statutes of Nevada, Page 971 (CHAPTER 373, SB 589)κ
(d) If the child is between the ages of 8 and 12 and, but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center, commit the child to the custody of the youth services division of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children.
(e) Order such medical, psychiatric, [psychologic] psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(f) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(g) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
(h) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(i) Require the child to provide restitution to the victim of the crime which the child has committed.
(j) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public.
3. If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency.
κ1991 Statutes of Nevada, Page 972 (CHAPTER 373, SB 589)κ
the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
Sec. 2. NRS 62.223 is hereby amended to read as follows:
62.223 1. If a child is found to [have] :
(a) Have committed a minor traffic offense, except one related to metered parking, and a fine is imposed [,] pursuant to subsection 1 of NRS 62.221; or
(b) Be within the purview of this chapter and a fine is imposed pursuant to paragraph (j) of subsection 1 of NRS 62.211,
the judge or other judicial officer shall order the child to pay an administrative assessment of $10 in addition to the fine.
2. The money collected for an administrative assessment must be stated separately on the courts docket. If the child is found not to have committed the offense or the charges are dropped, the money deposited with the court must be returned to the child.
3. The money collected for administrative assessments imposed pursuant to this section must be paid by the clerk of the court to the county treasurer on or before the [5th] fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a special account for the use of the countys juvenile court or for services to juvenile offenders.
Sec. 3. Section 1 of this act becomes effective on 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 509Committee on Government Affairs
CHAPTER 374
AN ACT relating to general improvement districts; making the requirement that a general improvement district obtain the approval of the general obligation bond commission to borrow money or issue securities applicable only to certain districts; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 318.275 is hereby amended to read as follows:
318.275 1. Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:
(a) Short-term notes, warrants and interim debentures.
(b) General obligation bonds.
(c) Revenue bonds.
(d) Special assessments bonds.
2. The board of trustees of a district whose population within its boundaries is less than 5,000, shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the general obligation bond commission of the county in which the district is located.
κ1991 Statutes of Nevada, Page 973 (CHAPTER 374, SB 509)κ
such borrowing unless the board has obtained the approval of the general obligation bond commission of the county in which the district is located.
3. The board of trustees of a district whose population within its boundaries is less than 5,000, shall not forward a resolution authorizing short-term financing to the executive director of the department of taxation unless such financing is approved by the commission.
Sec. 2. NRS 350.004 is hereby amended to read as follows:
350.004 1. Before any proposal to issue general obligations may be submitted to the electors of a municipality, or before any other formal action may be taken preliminary to the issuance of any general obligations, their proposed issuance must receive the favorable vote of a majority of the members of the general obligation bond commission of the county in which it is situated. In the case of a school district or other district embracing all or part of a county, the proposal must receive such a favorable vote in that county.
2. Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000, borrows money or issues securities other than general obligations to evidence such borrowing, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the general obligation bond commission of each county in which it is situated.
3. When any municipality other than a general improvement district whose population within its boundaries is less than 5,000, issues any special obligations, it shall so notify in its annual report the general obligation bond commission of each county in which any of its territory is situated.
Sec. 3. NRS 350.005 is hereby amended to read as follows:
350.005 1. The governing body of the municipality proposing to issue general obligations and the board of trustees of a general improvement district [proposing] whose population within its boundaries is less than 5,000, who proposes to borrow money and issue other securities pursuant to NRS 318.275 shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting.
2. The commission may grant a conditional or provisional approval of such proposal. Such conditions or provisions are limited, however, to the scheduling of the issuance and retirement of securities. The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal [shall] must be sent to the governing body within 3 days after the meeting.
3. A proposal which has been disapproved may not be resubmitted until after the expiration of 90 days from the date of the meeting.
________
κ1991 Statutes of Nevada, Page 974κ
Senate Bill No. 499Senator Jacobsen
CHAPTER 375
AN ACT relating to the power of a California correctional officer in Nevada; clarifying the authority of such an officer to maintain custody within this state of his prisoners; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 212.210 is hereby amended to read as follows:
212.210 When, pursuant to California law, a California correctional officer has in his custody in Nevada a prisoner of the State of California [whom he is transporting from one California correctional facility to another via Nevada, such] , the correctional officer [shall have the power to] may maintain custody of the prisoner in Nevada, and [to] retake the prisoner if he should escape in Nevada, to the same extent as if [such] the correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to his custody in proceedings under Nevada law.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 491Senators Glomb, Adler, Cook, Horn, Nevin, Raggio, Schaffer, Tyler and Vergiels
CHAPTER 376
AN ACT making an appropriation to the Clark County Bar Association and the Washoe County Bar Association for expenses related to their programs to provide pro bono legal services; and providing other matters properly relating thereto.
[Approved June 14, 1991]
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 Clark County Bar Association and the Washoe County Bar Association the sum of $30,000 for expenses related to their programs to provide pro bono legal services to be allocated as follows:
1. For the Clark County Bar Association........................................ $15,000
2. For the Washoe County Bar Association................................... $15,000
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 975κ
Senate Bill No. 404Committee on Human Resources and Facilities
CHAPTER 377
AN ACT relating to private education; requiring periodic inspections of private elementary and secondary educational institutions; clarifying certain definitions; providing for the extension, under certain circumstances, of the term of a license issued to such an institution; permitting an institution to furnish a certificate of deposit in lieu of the bond required as a condition of licensing; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
The superintendent shall cause an inspection of each elementary or secondary educational institution to be conducted at least every 2 years to ensure that the institution:
1. Is operated in accordance with the provisions of all laws, regulations and ordinances relating to the health and safety of persons on the premises.
2. Is maintaining the records required by the regulations of the board relating to administrators, supervisors, instructors and other educational personnel.
3. Has in force the insurance coverage required by the regulations of the board.
Sec. 2. NRS 394.045 is hereby amended to read as follows:
394.045 Elementary and secondary educational institutions includes an academic, vocational, technical, [home study,] correspondence, business or other school or other person offering educational credentials, diplomas or certificates, or offering instruction or educational services. This term includes all grades from kindergarten through the twelfth grade.
Sec. 3. NRS 394.103 is hereby amended to read as follows:
394.103 Private schools means private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child excused from compulsory attendance pursuant to NRS 392.070.
Sec. 4. NRS 394.201 is hereby amended to read as follows:
394.201 NRS 394.201 to 394.351, inclusive, and section 1 of this act, may be cited as the Private Elementary and Secondary Education Authorization Act.
Sec. 5. NRS 394.251 is hereby amended to read as follows:
394.251 1. Each elementary or secondary educational institution desiring to operate in this state must apply to the superintendent upon forms provided by the department. The application must be accompanied by the catalog or brochure published or proposed to be published by the institution. The application must also be accompanied by evidence of the required surety bond or certificate of deposit and payment of the fees required by law.
κ1991 Statutes of Nevada, Page 976 (CHAPTER 377, SB 404)κ
2. After review of the application and any further information required by the superintendent, and an investigation of the applicant if necessary, the board shall either grant or deny a license to operate to the applicant.
3. The license [shall] must state in a clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the license.
(b) The correct name and address of the institution licensed to operate.
(c) The authority for approval and conditions of operation.
(d) Any limitation of the authorization, as considered necessary by the board.
4. [The] Except as otherwise provided in this subsection, the term for which authorization is given [shall] must not exceed 2 years. A provisional license may be issued for a shorter period of time if the board finds that the applicant has not fully complied with the standards established [under] by NRS 394.241. Authorization may be given for a term of not more than 4 years if:
(a) The institution has been licensed to operate for not less than 4 years preceding the authorization; and
(b) The institution has operated during that period without the filing of a verified complaint against it and without violating any provision of NRS 394.201 to 394.351, inclusive, or any regulation adopted pursuant to those sections.
5. The license [shall] must be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institutions license [shall terminate.] terminates. Application for a new license [by reason of] because of a change in ownership of the institution is, for purposes of NRS 394.281, an application for renewal of the institutions license.
6. At least 60 days [prior to] before the expiration of a license, the institution must complete and file with the superintendent an application form for renewal of its license. The renewal application [shall] must be reviewed and acted upon as provided in this section.
7. An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the board, and thereafter its authority to operate is governed by the action of the board.
Sec. 6. NRS 394.261 is hereby amended to read as follows:
394.261 1. Each person desiring to solicit or perform the services of an agent in this state must apply to the superintendent upon forms provided by the department. The application must be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the superintendent, and state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agents permit for each institution represented, except that when an agent represents institutions having a common ownership only one agents permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by the information required of institutions making application for a license.
κ1991 Statutes of Nevada, Page 977 (CHAPTER 377, SB 404)κ
applicant intends to represent does not have a license to operate in this state, the application must be accompanied by the information required of institutions making application for a license. The application for an agents permit must also be accompanied by evidence of the required surety bond or certificate of deposit and payment of the fees required by law.
2. After review of the applicant and any further information submitted by the applicant as required by regulations of the board, and any investigation of the applicant which the board or superintendent considers appropriate, the board shall grant or deny an agents permit to the applicant.
3. The agents permit [shall] must state in a clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the permit.
(b) The correct name and address of the agent.
(c) The institutions which the agent is authorized to represent.
4. An agents permit [shall] must not be issued for a term of more than 1 year.
5. At least 30 days [prior to] before the expiration of an agents permit, the agent must complete and file with the superintendent an application for renewal of the permit. The renewal application [shall] must be reviewed and acted upon as provided in this section.
Sec. 7. NRS 394.271 is hereby amended to read as follows:
394.271 1. [At] Except as otherwise provided in this section, at the time application is made for an agents permit, a license to operate or a license renewal, the superintendent shall require the elementary or secondary educational institution making the application to file a good and sufficient surety bond in the sum of not less than $5,000. The bond must be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to any pupil, enrollee or his parent or guardian determined to have suffered damage as a result of any act by any elementary or secondary educational institution or its agent which is a violation of [the Private Elementary and Secondary Education Authorization Act,] any provision of NRS 394.201 to 394.351, inclusive, and the bonding company shall pay any final, nonappealable judgment of any court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
2. The surety bond must cover the period of the license or the agents permit, as appropriate, except when a surety is released.
3. A surety on any bond filed [under] pursuant to this section may be released after the surety gives 30 days written notice to the superintendent, but the release does not discharge or otherwise affect any claim filed by a pupil, enrollee or his parent or guardian for damage resulting from any act of the elementary or secondary educational institution or agent which is alleged to have occurred while the bond was in effect, nor for an institutions closing operations during the term for which tuition had been paid while the bond was in force.
4. In lieu of the bond otherwise required by this section, an institution may purchase a certificate of deposit in an amount of not less than $5,000 from a financial institution insured by an agency of the Federal Government.
κ1991 Statutes of Nevada, Page 978 (CHAPTER 377, SB 404)κ
financial institution insured by an agency of the Federal Government. The deposit may be withdrawn only on the order of the superintendent, except that the interest may accrue to the institution. Any pupil, enrollee or his parent or guardian who suffers damage as the result of an act described in subsection 1 may bring and maintain an action to recover against the certificate of deposit.
5. A license or an agents permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section [; but the] and no deposit has been made pursuant to subsection 4 or the deposit has been withdrawn. If a bond has been filed, the superintendent shall give the institution or agent, or both, at least 30 days written notice [prior to] before the release of the surety that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
________
Senate Bill No. 141Committee on Commerce and Labor
CHAPTER 378
AN ACT relating to the department of commerce; expanding the authorized activities of the director of the department; eliminating the requirement that the director of the department consult with and obtain the concurrence of appropriate professional organizations before appointing certain chiefs of the divisions of the department; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.240 is hereby amended to read as follows:
232.240 The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation. The director may participate in any technical studies, statistical research, seminars or other educational activities, in the same manner as any chief of a division of the department, to educate persons about the duties, programs and activities of the department or to improve the administration and effectiveness of the department, if such participation does not interfere with the performance of his duties as director of the department.
4. Must have had at least 5 years of responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of agencies composing the department.
5. Must be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:
κ1991 Statutes of Nevada, Page 979 (CHAPTER 378, SB 141)κ
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.
(b) [Administrative] The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) [Ability] An ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.
Sec. 2. 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] may obtain lists of [nominees from recognized] qualified persons from professional organizations, associations or other groups recognized by the department, 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 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 division of the department of the provisions of Titles 55, 56 and 57, of NRS, chapters 319, 599B 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. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division of the department for the purpose of budget administration or for the performance of any duty or the exercise of any power with respect to the division.
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.
κ1991 Statutes of Nevada, Page 980 (CHAPTER 378, SB 141)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 743Committee on Judiciary
CHAPTER 379
AN ACT relating to domestic relations; providing penalties for the violation of certain restraining orders or injunctions issued in domestic relations proceedings; requiring the court, in a proceeding to determine the custody of a child, to consider any occurrence of domestic violence in determining the best interest of the child; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who violates a restraining order or injunction:
(a) That is in the nature of a temporary or extended order for protection against domestic violence; and
(b) That is issued in any action or proceeding brought pursuant to this Title,
is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act which constitutes the violation of the order or injunction. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief which might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
2. If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:
(a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of 100 hours of work for the community;
(b) Sentence him to imprisonment in the county jail for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorneys fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
3. The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.
Sec. 2. NRS 125.480 is hereby amended to read as follows:
125.480 1. In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child.
κ1991 Statutes of Nevada, Page 981 (CHAPTER 379, AB 743)κ
the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.
2. No preference may be given to either parent for the sole reason that the parent is the mother or the father of the child.
3. The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:
(a) To both parents jointly pursuant to NRS 125.490 or to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parents application. When awarding custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
(b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.
(c) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.
4. In determining the best interest of the child, the court shall consider, among other things:
(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody; [and]
(b) Any nomination by a parent of a guardian for the child [.] ; and
(c) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child. As used in this paragraph, domestic violence means the commission of any act described in NRS 33.018.
________
Assembly Bill No. 466Assemblymen Wendell Williams, Giunchigliani, Anderson, Bache and Elliott
CHAPTER 380
AN ACT relating to education; requiring each school district to inform certain of its employees of certain pupils who may be violent; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a county school district, or its designee, shall inform each employee of the district, including teachers, other licensed employees, drivers of school buses, instructional aides and office managers, who may have consistent contact with a pupil if that pupil has, within the preceding 3 years, unlawfully caused or attempted to cause serious bodily injury to any person.
κ1991 Statutes of Nevada, Page 982 (CHAPTER 380, AB 466)κ
injury to any person. The district shall provide this information based upon any written records that the district maintains or which it receives from a law enforcement agency. The district need not initiate a request for such information from any source.
2. A school district and the members of its board of trustees are not liable for failure strictly to comply with this section if a good faith effort to comply is made.
3. Any information received by an employee pursuant to this section is confidential and must not be further disseminated by the employee.
Sec. 2. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 245Assemblymen Wendell Williams, Arberry, Price, Callister, Giunchigliani and Porter
CHAPTER 381
AN ACT relating to peace officers; limiting the use of a choke hold by a person who is exercising the powers of a peace officer; requiring training and recertification in the proper use of the choke hold for peace officers employed by agencies which authorize the use of the choke hold; requiring those agencies to adopt specific regulations regarding the use of a choke hold and the consequences of unauthorized or uncertified use; and providing other matters properly relating thereto.
[Approved June 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A peace officer shall not use a choke hold on any other person unless:
(a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and
(b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs him.
2. If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.
3. Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:
(a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of his duties;
(b) The manner in which records or training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and
κ1991 Statutes of Nevada, Page 983 (CHAPTER 381, AB 245)κ
(c) The consequences of unauthorized or uncertified use of a choke hold.
4. As used in this section:
(a) Choke hold means the holding of a persons neck in a manner specifically intended to restrict the flow of oxygen or blood to the persons lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.
(b) Peace officer means:
(1) Sheriffs of counties and of metropolitan police departments and their deputies;
(2) Personnel of the Nevada highway patrol;
(3) Marshals and policemen of cities and towns;
(4) The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
(5) Constables and their deputies; and
(6) Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.
Sec. 2. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As a condition of the certification of each peace officer employed by an agency which authorizes the use of a choke hold in the course of his duties, the peace officers standards and training committee shall require each such peace officer to be trained in the proper use of the choke hold. In addition, the committee shall require annual training and recertification in the proper use of the choke hold if the employing agency continues to authorize its official use.
2. The committee shall adopt regulations regarding the minimum training and testing required to comply with the requirements of subsection 1 and the manner in which each such agency shall demonstrate its continuing compliance with the requirements of subsection 1.
3. As used in this section, choke hold means the holding of a persons neck in a manner specifically intended to restrict the flow of oxygen or blood to the persons lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.
Sec. 3. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 984κ
Senate Bill No. 564Committee on Commerce and Labor
CHAPTER 382
AN ACT relating to solicitation by telephone; requiring the appointment of a seller or salesman as a member of the state board of telephone sales communications; providing for the confidentiality of certain information required for licensing as a seller; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 599B.040 is hereby amended to read as follows:
599B.040 1. The state board of telephone sales communications, consisting of [five] six members appointed by the governor, is hereby created.
2. The governor shall appoint to the board:
(a) One member who is a representative of a law enforcement agency in a county whose population is 400,000 or more;
(b) One member who is a representative of a law enforcement agency in a county whose population is 100,000 or more but less than 400,000;
(c) One member who is a representative of an agency of local government responsible for regulating the business of telephone sales solicitations; [and]
(d) One member who is licensed as a seller or salesman in this state; and
(e) Two members who are representatives of the general public.
3. After the initial terms, each member of the board serves a term of 4 years.
4. The governor shall designate the chairman of the board from among its members.
5. The board shall meet regularly at least quarterly and may meet at other times upon the call of the chairman. Each member of the board is entitled to a salary of $80 per day while engaged in the business of the board, together with the per diem allowance and travel expenses provided for state officers and employees generally.
6. The board shall adopt regulations for the conduct of its business.
Sec. 2. NRS 599B.090 is hereby amended to read as follows:
599B.090 1. An applicant for a license as a seller must submit to the division, in such form as it prescribes, a written application for the license. The application must:
(a) Set forth the name of the applicant, including each name under which he intends to do business;
(b) Set forth the name of any parent or affiliated entity that:
(1) Will engage in a business transaction with the purchaser relating to any sale solicited by the applicant; or
(2) Accepts responsibility for any statement or act of the applicant relating to any sale solicited by the applicant;
(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;
(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;
(e) Set forth the name and address of each:
κ1991 Statutes of Nevada, Page 985 (CHAPTER 382, SB 564)κ
(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;
(2) Person responsible for a location from which the applicant will do business; and
(3) Salesman to be employed by the applicant; and
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the applicant will require a salesman to use when soliciting or, if no such document is used, a statement to that effect;
(2) Sales information or literature to be provided by the applicant to a salesman, or of which the applicant will inform the salesman; and
(3) Sales information or literature to be provided by the applicant to a purchaser in connection with any solicitation.
2. The information provided pursuant to paragraph (f) of subsection 1 by an applicant for a license as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction or by order of a court of competent jurisdiction.
3. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:
(a) In the case of a partnership, provide a copy of any written partnership agreement; or
(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
[3.] 4. An application filed pursuant to this section must be verified and accompanied by:
(a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;
(b) A fee for licensing in the amount of $5,000; and
(c) If subsection [4] 5 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection.
[4.] 5. If an applicant intends to do business under any assumed or fictitious name, he must, for each such name:
(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and
(b) Pay an additional fee for licensing in the amount of $5,000.
Sec. 3. As soon as practicable after July 1, 1991, the governor shall appoint to the state board of telephone sales communications the member who is licensed as a seller or salesman in this state to a term that expires on June 30, 1995.
Sec. 4. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 986κ
Senate Bill No. 246Committee on Commerce and Labor
CHAPTER 383
AN ACT relating to occupational therapy; creating a board of occupational therapy; prescribing its powers and duties; requiring the licensing of occupational therapists and occupational therapy assistants; providing a penalty; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. The legislature declares that the purpose of this chapter is to protect the public health, safety and welfare by ensuring that:
1. Only competent and scrupulous persons practice occupational therapy in this state; and
2. Persons who practice occupational therapy in this state maintain an appropriate standard of professional conduct.
Sec. 3. As used in this chapter, 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. Board means the board of occupational therapy.
Sec. 5. Occupational therapist means a person who is licensed pursuant to this chapter to practice occupational therapy.
Sec. 6. Occupational therapy means the application of purposeful activity in the evaluation, teaching and treatment, in groups or on an individual basis, of patients who are handicapped by age, physical injury or illness, psychosocial dysfunction, developmental or learning disability, poverty or aspects of culture, to increase their independence, alleviate their disability and maintain their health. The term includes:
1. Teaching patients skills for daily living;
2. Assisting patients in the development of cognitive and perceptual motor skills, and in the integration of sensory functions;
3. Assisting patients in learning to play and to use their leisure time constructively;
4. Assisting patients in developing functional skills necessary to be considered for employment;
5. Assessing the need for, designing, constructing and training patients in the use and application of selected orthotic devices and adaptive equipment;
6. Assessing the need for prosthetic devices for the upper body and training patients in the functional use of prosthetic devices;
7. Teaching patients crafts and exercises designed to enhance their ability to function normally;
8. Administering to patients manual tests of their muscles and range of motion, and interpreting the results of those tests; and
9. Incorporating into the treatment of patients the safe and appropriate use of physical therapeutic modalities and techniques which have been acquired through an appropriate program of education approved by the board pursuant to subsection 2 of section 13 of this act, or through a program of continuing education or higher education.
κ1991 Statutes of Nevada, Page 987 (CHAPTER 383, SB 246)κ
through an appropriate program of education approved by the board pursuant to subsection 2 of section 13 of this act, or through a program of continuing education or higher education.
10. Adapting the environment of patients to reduce the effects of handicaps.
Sec. 7. Occupational therapy assistant means a person who is licensed pursuant to this chapter to practice occupational therapy under the general supervision of an occupational therapist.
Sec. 8. This chapter does not apply to a person:
1. Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, or 640 to 641B, inclusive, of NRS, who practices within the scope of that license or certificate.
2. Employed by the Federal Government who practices occupational therapy within the scope of that employment.
3. Enrolled in an educational program approved by the board which is designed to lead to a certificate or degree in occupational therapy, if he is designated by a title which clearly indicates that he is a student.
4. Obtaining the supervised experience necessary to satisfy the requirements of subsection 3 of section 13 of this act.
5. Practicing occupational therapy in this state in association with an occupational therapist licensed pursuant to this chapter if the person:
(a) Practices in this state for not more than 45 days in a calendar year;
(b) Is licensed to practice occupational therapy in another state where the requirements for such a license are equivalent to the requirements of this chapter; and
(c) Meets the requirements for certification as an occupational therapist registered or certified occupational therapy assistant established by the American Occupation Therapy Certification Board.
Sec. 9. 1. The board of occupational therapy, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint to the board:
(a) One member who is a representative of the general public;
(b) One member who is an occupational therapist or occupational therapy assistant; and
(c) Three members who are occupational therapists.
3. Each member of the board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the board must:
(a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding his appointment; and
(b) Except for the initial members, hold a current license issued pursuant to this chapter.
4. No member of the board may serve more than two consecutive terms.
5. The Nevada Occupational Therapy Association or its successor organization if the association ceases to exist, shall at least 30 days before the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor the names of not less than three nor more than five persons qualified for membership on the board for each position to be filled. The governor shall appoint new members or fill the vacancy from the list, or request a new list. If the Nevada Occupational Therapy Association or its successor fails to submit timely nominations for a position on the board, the governor may appoint any qualified person.
κ1991 Statutes of Nevada, Page 988 (CHAPTER 383, SB 246)κ
Therapy Association or its successor fails to submit timely nominations for a position on the board, the governor may appoint any qualified person.
Sec. 10. 1. The board shall:
(a) Hold at least two meetings a year, the first of which must be held in January. Other meetings may be held at the call of the chairman or upon the written request of two or more members.
(b) Elect a chairman at the regular meeting in January of each year.
(c) Comply with the provisions of chapter 241 of NRS, except that the board may hold a closed meeting:
(1) To discuss the contents of an examination for a license; or
(2) At the request of an applicant who fails an examination given pursuant to this chapter, to discuss the reasons for that failure.
2. A majority of the members of the board constitutes a quorum.
Sec. 11. 1. The members of the board serve without compensation, except that while engaged in the business of the board, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
2. The board may employ an executive secretary and any other employees it deems necessary, establish their duties and fix their salaries.
3. The expenses of the board and members of the board, and the salaries of its employees, must be paid from the fees received by the board pursuant to this chapter, and no part of those expenses and salaries may be paid out of the state general fund.
Sec. 12. The board shall:
1. Enforce the provisions of this chapter;
2. Maintain a record of its proceedings;
3. Evaluate the qualifications of an applicant for a license as an occupational therapist or occupational therapy assistant and, upon payment of the appropriate fee, issue the appropriate license to a qualified applicant; and
4. Adopt regulations establishing standards of practice for persons licensed pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter.
5. Require a person licensed pursuant to this chapter to submit to the board such documentation or perform such practical demonstrations as the board deems necessary to determine whether the licensee has acquired the skills necessary to perform physical therapeutic modalities.
Sec. 13. To be eligible for licensing by the board as an occupational therapist or occupational therapy assistant, an applicant must:
1. Be a natural person of good moral character.
2. Except as otherwise provided in section 14 of this act, have satisfied the academic requirements of an educational program approved by the board. The board shall not approve an educational program designed to qualify a person to practice as:
(a) An occupational therapist unless the program is accredited by the Committee on Allied Health Education and Accreditation of the American Medical Association in collaboration with the American Occupational Therapy Association.
(b) An occupational therapy assistant unless the program is approved by the American Occupational Therapy Association.
κ1991 Statutes of Nevada, Page 989 (CHAPTER 383, SB 246)κ
3. Except as otherwise provided in section 14 of this act, have successfully completed:
(a) If the application is for licensing as an occupational therapist, 24 weeks; or
(b) If the application is for licensing as an occupational therapy assistant, 8 weeks,
of supervised experience approved by the board. The board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association or the educational institution at which the applicant satisfied the requirements of subsection 2.
4. Except as otherwise provided in sections 17 and 18 of this act, pass an examination approved by the board.
Sec. 14. The board may waive the requirements of subsections 2 and 3 of section 13 of this act for an applicant who:
1. Receives his education in occupational therapy from a foreign school; and
2. Proves to the satisfaction of the board that his education and experience are substantially equivalent to the education and experience required by those subsections.
Sec. 15. A person who desires to be licensed by the board as an occupational therapist or occupational therapy assistant must:
1. Submit an application to the board on a form furnished by the board; and
2. Provide evidence satisfactory to the board that he possesses the qualifications required pursuant to subsections 1, 2 and 3 of section 13 of this act.
Sec. 16. 1. The board shall:
(a) Approve an examination for licensing as an occupational therapist and an examination for licensing as an occupational therapy assistant;
(b) Establish the requirements to pass each examination;
(c) Offer each examination at least twice each year at such places and under such conditions as it determines; and
(d) Provide reasonable public notice of the time and place of each examination.
2. Each examination must be in writing and be designed to test an applicants knowledge of:
(a) The basic and clinical sciences relating to occupational therapy;
(b) The techniques and methods of occupational therapy; and
(c) Any other subjects the board requires to determine the fitness of an applicant to practice occupational therapy.
3. A person who has satisfied the requirements of section 15 of this act may take the appropriate examination for licensing. An applicant who fails the examination may retake the examination no more than twice.
Sec. 17. The board may issue, without examination, a license as an occupational therapist or occupational therapy assistant to a person who has the qualifications required pursuant to subsections 1, 2 and 3 of section 13 of this act and who is:
1. Certified after the effective date of this act, by the American Occupational Therapy Certification Board, if the board of occupational therapy determines that the requirements to obtain that certification are equivalent to the requirements for licensing pursuant to this chapter.
κ1991 Statutes of Nevada, Page 990 (CHAPTER 383, SB 246)κ
determines that the requirements to obtain that certification are equivalent to the requirements for licensing pursuant to this chapter.
2. Licensed as an occupational therapist or occupational therapy assistant in another state or territory of the United States, if the board determines that the requirements to obtain that license are equivalent to the requirements for licensing pursuant to this chapter.
Sec. 18. 1. The board may issue, without examination, a temporary license to a person who has the qualifications required pursuant to subsections 1, 2 and 3 of section 13 of this act. A temporary license:
(a) Authorizes the person to whom it is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter; and
(b) Is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.
2. The board may renew a temporary license no more than once and may revoke a temporary license for any of the grounds set forth in section 21 of this act.
Sec. 19. 1. Except as otherwise provided in section 18 of this act, a license issued pursuant to this chapter expires annually unless renewed in the manner established pursuant to the regulations of the board, which may include requirements for continuing education.
2. The board may adopt regulations providing for the late renewal of a license, except that the board may not renew a license if 5 years have passed since its expiration.
3. The board may, at the request of a person licensed pursuant to this chapter, place his license on inactive status if the person:
(a) Does not practice occupational therapy, or represent that he is authorized to practice occupational therapy, in this state; and
(b) Satisfies any requirements for continuing education established by the board.
Sec. 20. 1. The board may by regulation establish reasonable fees for:
(a) The examination of an applicant for a license;
(b) The initial issuance of a license;
(c) The issuance of a temporary license;
(d) The annual renewal of a license; and
(e) The late renewal of a license.
2. The fees must be set in such an amount as to reimburse the board for the cost of carrying out the provisions of this chapter.
Sec. 21. 1. The board may, after notice and hearing, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The board may reinstate a revoked license upon application by the person to whom the license was issued not less than 1 year after the license is revoked.
2. As used in this section, unprofessional conduct includes:
(a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;
κ1991 Statutes of Nevada, Page 991 (CHAPTER 383, SB 246)κ
(b) The conviction of any crime, except a misdemeanor which does not involve moral turpitude; and
(c) The violation of any provision of this chapter or regulation of the board adopted pursuant to this chapter.
Sec. 22. 1. The board may conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter. For the purposes of this chapter:
(a) Any member of the board may administer oaths; and
(b) The chairman of the board may issue subpenas to compel the attendance of witnesses and the production of books and papers.
2. If any person fails to comply with the subpena within 10 days after its issuance, the chairman of the board may petition the district court for an order of the court compelling compliance with the subpena.
3. Upon such a petition, the court shall enter an order directing the person subpenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not complied with the subpena. A certified copy of the order must be served upon the person subpenaed.
4. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order compelling compliance with the subpena, and upon failure to obey the order the person must be dealt with as for contempt of court.
Sec. 22.5. Any records or information obtained during the course of an investigation by the board are confidential until the investigation is completed. Upon completion of the investigation, the records and information are public records if:
1. Disciplinary action is imposed by the board as a result of the investigation; or
2. The person under investigation submits a written request to the board asking that the information and records be made public records.
Sec. 23. 1. A person shall not practice occupational therapy, or represent that he is authorized to practice occupational therapy, in this state unless he holds a current license issued pursuant to this chapter.
2. A licensed occupational therapist shall directly supervise the work of any person who assists him as an aid or technician.
3. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 24. Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:
This chapter does not apply to an occupational therapist or occupational therapy assistant who:
1. Is licensed to practice in this state;
2. Practices within the scope of that license; and
3. Does not represent that he is a physical therapist or physical therapy assistant, or that he practices physical therapy.
Sec. 25. NRS 641.029 is hereby amended to read as follows:
641.029 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A person licensed to practice dentistry in this state;
κ1991 Statutes of Nevada, Page 992 (CHAPTER 383, SB 246)κ
3. A person licensed as a marriage and family therapist under chapter 641A of NRS;
4. A person licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to sections 2 to 23, inclusive, of this act;
6. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or
[6.] 7. Any clergyman,
so long as such a person does not represent himself as a psychologist.
Sec. 26. NRS 641B.040 is hereby amended to read as follows:
641B.040 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A nurse licensed to practice in this state;
3. A person licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;
5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to sections 2 to 23, inclusive, of this act;
6. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources;
[6.] 7. Any clergyman;
[7.] 8. A county welfare director;
[8.] 9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
[9.] 10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
Sec. 27. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625A, inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS and sections 2 to 23, inclusive, of this act shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
2. A report of each such audit must be filed by the board or commission with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission.
κ1991 Statutes of Nevada, Page 993 (CHAPTER 383, SB 246)κ
When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 28. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government;
(b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 23, inclusive, of this act; or
(c) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.
4. Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS and sections 2 to 23, inclusive, of this act which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the state board of examiners before those services may be provided.
Sec. 29. NRS 353A.010 is hereby amended to read as follows:
353A.010 As used in this chapter, unless the context otherwise requires:
1. Agency means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state, except:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 23, inclusive, of this act.
(b) The University of Nevada.
(c) The public employees retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of commerce.
(f) The Colorado river commission.
2. Director means the director of the department of administration.
3. Internal accounting and administrative control means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
κ1991 Statutes of Nevada, Page 994 (CHAPTER 383, SB 246)κ
Sec. 30. NRS 608.0116 is hereby amended to read as follows:
608.0116 Professional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS [.] and sections 2 to 23, inclusive, of this act.
Sec. 31. Except as otherwise provided in section 21 of this act, the board shall waive the requirements of subsections 2, 3 and 4 of section 13 of this act and grant a license as:
1. An occupational therapist to a person who was certified as an occupational therapist registered; or
2. An occupational therapy assistant to a person who was certified as a certified occupational therapy assistant,
on or before the effective date of this act, by the American Occupational Therapy Certification Board and who otherwise complies with the provisions of sections 2 to 23, inclusive, of this act.
Sec. 32. 1. As soon as practicable after the effective date of this act, the governor shall appoint to the board of occupational therapy:
(a) Two members to terms which expire on December 31, 1992.
(b) Two members to terms which expire on December 31, 1993.
(c) One member to a term which expires on December 31, 1994.
2. The governor shall appoint as the initial representatives of occupational therapists and occupational therapy assistants to the board of occupational therapy persons who are certified by the American Occupational Therapy Certification Board. Each of these persons must obtain a license to practice occupational therapy in this state as soon as practicable.
Sec. 33. 1. This section and sections 1 to 22, inclusive, and 24 to 32, inclusive, become effective upon passage and approval.
2. Section 23 of this act becomes effective on January 1, 1992.
________
Assembly Bill No. 114Committee on Government Affairs
CHAPTER 384
AN ACT relating to public defenders; prohibiting certain counties from creating the office of county public defender during specified times; revises date on which the board of county commissioners is required to provide notice of intent to create office; revising the provisions governing the billing of counties for the services of the state public defender; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 260.010 is hereby amended to read as follows:
260.010 1. In counties whose population is 100,000 or more, the boards of county commissioners shall create by ordinance the office of public defender.
κ1991 Statutes of Nevada, Page 995 (CHAPTER 384, AB 114)κ
2. The state public defender shall provide to each participating county the total proposed budget of the state public defender by jurisdiction on or before December 1 of each even-numbered year. The budget must include the projected number of cases and the projected cost of services attributed to each county for the next biennium.
3. Except as otherwise provided by [subsections 3 and 4,] subsection 5, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties create by ordinance, at the beginning of a fiscal year, the office of public defender.
[3. After the state public defender has received a biennial authorization from the legislature to collect certain contributions for his services from designated counties, no such county may create the office of county public defender before July 1, of the succeeding year.
4. If the board of county commissioners of any county intends to create the office of county public defender, the board shall provide written notice of its intention to the state public defender on or before April 1 of that year.
5.] 4. Except as otherwise provided in subsection 5, if a board of county commissioners intends to create the office of county public defender, the board shall notify the state public defender in writing on or before March 1 of any odd-numbered year and the office may not be created before July 1 of the same year in which the notice of given.
5. If the county contribution approved by the legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may create the office of county public defender on July 1 of the next even-numbered year if the board notifies the state public defender on or before March 1 of the same year in which the office is to be created.
6. On or before November 1 of each year, the state public defender shall provide each county with an annual report that includes:
(a) The number of cases that are pending in the county;
(b) The number of cases in the county that were closed in the previous fiscal year;
(c) The total number of criminal defendants represented with separate categories specifying the crimes charged and whether the defendant was a juvenile or an adult;
(d) The total number of working hours spent by the state public defender and his staff on work for the county; and
(e) The amount and categories of expense of the state public defenders office.
7. The office of public defender when created must be filled by appointment by the board of county commissioners.
[6.] 8. The public defender serves at the pleasure of the board of county commissioners.
Sec. 2. NRS 180.110 is hereby amended to read as follows:
180.110 1. Each fiscal year the state public defender may collect from the counties amounts which do not exceed those authorized by the legislature for use of his services during that year.
2. The state public defender shall submit [a bill] to the county an estimate on or before the [15th] first day of May and [the] that estimate becomes the final bill unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the legislature.
κ1991 Statutes of Nevada, Page 996 (CHAPTER 384, AB 114)κ
final bill unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the legislature. The county shall pay the bill:
(a) In full [on or before the 20th day of July;] within 30 days after the estimate becomes the final bill or the county receives the revised estimate; or
(b) In equal quarterly installments on or before the 1st day of July, October, January and April, respectively.
The counties shall pay their respective amounts to the state public defender who shall deposit the amounts with the treasurer of the State of Nevada and shall expend the [funds] money in accordance with his approved budget.
Sec. 3. This act becomes effective on July 1, 1992.
________
Assembly Bill No. 201Committee on Health and Welfare
CHAPTER 385
AN ACT relating to traumatic brain injuries; creating the advisory committee on traumatic brain injuries; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of a new section to read as follows:
1. The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.
2. The administrator shall appoint to the committee:
(a) One member who is an employee of the rehabilitation division of the department of human resources.
(b) One member who is an employee of the welfare division of the department of human resources and participates in the administration of the state program providing assistance to the medically indigent.
(c) One member who is a licensed insurer in this state.
(d) One member who represents the interests of educators in this state.
(e) One member who is a person professionally qualified in the field of psychiatric mental health.
(f) Two members who are employees of private providers of rehabilitative health care located in this state.
(g) One member who represents persons who operate community-based programs for head injuries in this state.
(h) One member who represents hospitals in this state.
(i) Two members who represent the recipients of health care in this state.
3. After the initial appointments, each member of the committee serves a term of 3 years.
4. The committee shall elect one of its members to serve as chairman.
κ1991 Statutes of Nevada, Page 997 (CHAPTER 385, AB 201)κ
5. Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally.
6. The committee may:
(a) Make recommendations to the administrator relating to the establishment and operation of any program for persons with traumatic brain injuries.
(b) Make recommendations to the administrator concerning proposed legislation relating to traumatic brain injuries.
(c) Collect information relating to traumatic brain injuries.
7. The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:
(a) Administrator;
(b) Legislative committee on health care; and
(c) Legislative commission.
8. As used in this section:
(a) Administrator means the administrator of the rehabilitation division of the department of human resources.
(b) Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
(d) Traumatic brain injury means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(1) A cerebral vascular accident;
(2) An aneurism; or
(3) A congenital defect.
Sec. 2. As soon as practicable after October 1, 1991, the administrator of the rehabilitation division of the department of human resources shall appoint to the advisory commission on traumatic brain injuries:
1. Four members whose terms expire on September 30, 1994.
2. Four members whose terms expire on September 30, 1993.
3. Three members whose terms expire on September 30, 1992.
________
κ1991 Statutes of Nevada, Page 998κ
Assembly Bill No. 284Committee on Government Affairs
CHAPTER 386
AN ACT relating to local governments; directing the governing bodies of counties and cities to require the owner of each commercial building to post the street address on the building; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.0231 is hereby amended to read as follows:
278.0231 1. Each governing body shall require by ordinance that the owner of every:
(a) Apartment complex place the number of its street address on the complex in such a manner that the police, fire department and other persons responding to an emergency can readily locate individual dwelling units within the complex.
(b) Commercial shopping center place on the back door of each business in the shopping center, in numerals at least 3 inches high, a number identifying that business.
(c) Building which is owned by or leased to the state or a political subdivision thereof and located within the jurisdiction of the governing body place the number of its street address on the front of the building in such a manner that the police, fire department and other persons responding to an emergency can readily locate the building.
(d) Building which is used for commercial purposes place the number of its street address on the front of the building in such a manner that the police, fire department and other persons responding to an emergency can readily locate the building.
2. If, during an inspection of a building, any member of a fire department becomes aware of a violation of an ordinance adopted pursuant to subsection 1, the chief officer of the fire department or an employee designated by him, shall give notice of the violation to the owner or occupant of the building.
3. As used in this section, apartment complex means a building or group of buildings, each building of which is arranged in several suites of connecting rooms, each suite designed for independent housekeeping.
________
κ1991 Statutes of Nevada, Page 999κ
Assembly Bill No. 385Assemblymen Giunchigliani, Wong, Anderson, Wendell Williams, Gibbons, Stout, Marvel, Carpenter, Bayley, Bergevin, Goetting, McGinness, Pettyjohn, Myrna Williams, Arberry, Johnson, Norton, Bache, Haller, Porter, Elliott, Gregory, Krenzer, Bennett, Callister, Spitler, Price, Petrak, Humke, Spriggs, Heller, Freeman, McGaughey and Dini
CHAPTER 387
AN ACT relating to the department of motor vehicles and public safety; authorizing the director of the department to render certain services of the department at locations other than at an office of the department; authorizing the director to establish and collect a surcharge for rendering the services; requiring approval of the amount of the surcharge by the chief of the budget division of the department of administration; requiring the director to report to the legislature the effect of rendering services at these locations; authorizing the department to accept a report from an optician in lieu of an eye test by a drivers license examiner; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any of the services rendered at an office of the department by the drivers license division may also be offered at locations other than an office of the department.
2. The director may establish and collect a surcharge, in addition to any fee otherwise imposed, for any service rendered at a location other than an office of the department. Before imposing a surcharge for such a service, the amount of the surcharge must be approved by the chief of the budget division of the department of administration.
Sec. 2. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department shall examine every applicant for a drivers license. The examination must include:
(a) A test of the applicants ability to read and understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
(c) Except as otherwise provided in subsection 2, a test of his eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways.
2. The department may provide by regulation for the acceptance of a report from an ophthalmologist , optician or optometrist in lieu of an eye test by a drivers license examiner.
3. If the department establishes a type or classification or classification of drivers license to operate a motor vehicle of a type which is not normally available to examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a:
κ1991 Statutes of Nevada, Page 1000 (CHAPTER 387, AB 385)κ
examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
in lieu of an actual demonstration.
Sec. 3. The director of the department of motor vehicles and public safety shall report to the 67th session of the legislature:
1. The number of times the department rendered services pursuant to section 1 of this act at locations other than an office of the department;
2. The amount of the surcharges imposed for providing the services;
3. The total amount of revenue produced by the surcharges;
4. The number of additional employees, if any, needed by the department to carry out the provisions of section 1 of this act; and
5. The overall effect of rendering the services of the department at locations other than an office of the department.
Sec. 4. Section 1 of this act expires by limitation on March 1, 1993.
________
Assembly Bill No. 413Committee on Health and Welfare
CHAPTER 388
AN ACT relating to county hospitals; limiting the requirement for giving notice of the admission of a resident of another county to those patients who are reasonably believed to be indigent; extending the time within which such notice must be given; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.400 is hereby amended to read as follows:
450.400 1. When the privileges and use of the hospital are extended to a resident of another county who is [entitled] reasonably believed to be indigent, as defined in NRS 439B.310, and who is:
(a) Entitled under the laws of this state to relief, support, care, nursing, medicine [,] or medical or surgical aid from the other county [, or to one who is injured,] ; or
(b) Injured, maimed or falls sick in the other county,
the governing head shall [immediately] notify the board of county commissioners of that county [.] within 3 working days after the person is admitted to that hospital.
2. The notice must be in writing and addressed to the board of county commissioners of that county.
3. Except in the case of an injury suffered in a motor vehicle accident, the board of county commissioners receiving the notice shall cause the person to be removed immediately to that county, and shall pay a reasonable sum to the hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished to him.
κ1991 Statutes of Nevada, Page 1001 (CHAPTER 388, AB 413)κ
hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished to him.
4. If the board of county commissioners neglects or refuses to remove the person, or if in the opinion of the attending physician it is not advisable to remove the person, the governing head has a legal claim against the county for all charges for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover those charges in a suit at law.
________
Assembly Bill No. 429Committee on Judiciary
CHAPTER 389
AN ACT relating to criminal procedure; authorizing the court to appoint a psychologist to examine a person with respect to his mental condition in various criminal proceedings; requiring that a psychologist review the mental condition of certain persons to determine their eligibility for parole or probation; extending the provisions for determining the sanity of a defendant to all misdemeanors; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 175.521 is hereby amended to read as follows:
175.521 1. Where on a trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury pending the judicial determination pursuant to subsection 2 has the same effect as if he were regularly adjudged insane, and the judge shall:
(a) Order a peace officer to take the person into protective custody and transport him to a mental health facility or hospital for detention pending a hearing to determine his mental health;
(b) Appoint two [physicians, at least one of whom is a psychiatrist or is similarly qualified,] psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the person; and
(c) At a hearing in open court, receive the report of the examining [physicians,] advisers and allow counsel for the state and for the person to examine the [physicians,] advisers, introduce other evidence and cross-examine witnesses.
2. If the court finds, after the hearing:
(a) That there is not clear and convincing evidence that the person is a mentally ill person, the court shall order his discharge; or
(b) That there is clear and convincing evidence that the person is a mentally ill person, the court shall order that he be committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources until he is regularly discharged therefrom in accordance with law.
κ1991 Statutes of Nevada, Page 1002 (CHAPTER 389, AB 429)κ
The court shall issue its finding within 90 days after the defendant is acquitted.
3. The administrator shall make the same reports and the court shall proceed in the same manner in the case of a person committed pursuant to this section as of a person committed because he is incompetent to stand trial pursuant to NRS 178.400 to 178.465, inclusive, except that the determination to be made by the administrator, the sanity commission and the district judge on the question of release is whether the person has recovered from his mental illness or has improved to such an extent that he is no longer a mentally ill person.
4. As used in this section, unless the context otherwise requires, mentally ill person has the meaning ascribed to it in NRS 433A.115.
Sec. 2. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnapping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. The district judge shall not, except as provided herein, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution or an order that the probationer dispose of all the weapons he possesses.
4. The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.
5. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.
6. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.
Sec. 3. NRS 176.425 is hereby amended to read as follows:
176.425 1. If, after judgment of death, there is a good reason to believe that the defendant has become insane, the director of the department of prisons to whom the convicted person has been delivered for execution may by a petition in writing, verified by a physician, petition a district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall:
κ1991 Statutes of Nevada, Page 1003 (CHAPTER 389, AB 429)κ
prisons to whom the convicted person has been delivered for execution may by a petition in writing, verified by a physician, petition a district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall:
(a) Fix a day for a hearing to determine whether the convicted person is insane;
(b) Appoint two [physicians, at least one of whom shall be a psychiatrist,] psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the convicted person; and
(c) Give immediate notice of the hearing to the attorney general and to the district attorney of the county in which the conviction was had.
2. If the judge determines that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, the judge may stay the execution of the judgment of death pending the determination of the sanity of the convicted person.
Sec. 4. NRS 178.405 is hereby amended to read as follows:
178.405 When [an] a complaint, indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if doubt arises as to the competence of the defendant, the court shall suspend the trial [of the indictment or information] or the pronouncing of the judgment, as the case may be, until the question of competence is determined.
Sec. 5. NRS 178.415 is hereby amended to read as follows:
178.415 1. [The] Except as otherwise provided in this subsection, the court shall appoint two [physicians, at least one of whom is a psychiatrist or otherwise especially qualified,] psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the division of mental hygiene and mental retardation of the department of human resources, to examine the defendant.
2. At a hearing in open court, the judge shall receive the report of the [examining physicians] examination and shall permit counsel for both sides to examine [them. The state] the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one anothers witnesses.
3. The court shall then make and enter its finding of competence or incompetence.
Sec. 6. NRS 178.420 is hereby amended to read as follows:
178.420 If the court finds that the defendant is competent, the trial [of the indictment or information] must proceed, or judgment may be pronounced, as the case may be.
Sec. 7. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant incompetent, and that he is dangerous to himself or to society or that commitment is required for a determination of his ability to attain competence, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources for detention and treatment at a secure facility operated by the mental hygiene and mental retardation division.
κ1991 Statutes of Nevada, Page 1004 (CHAPTER 389, AB 429)κ
department of human resources for detention and treatment at a secure facility operated by the mental hygiene and mental retardation division.
2. The defendant must be held in such custody until a court orders his release or until he is returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
3. If the court finds the defendant incompetent but not dangerous to himself or to society, and finds that commitment is not required for a determination of the defendants ability to attain competence, the judge shall order the defendant to report to the administrator as an outpatient for treatment, if it might be beneficial, and for a determination of his ability to attain competence. The court may require the defendant to give bail for his periodic appearances before the administrator.
4. Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the sanity commission or, if the defendant is charged with a misdemeanor, the judge finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.
5. Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 3 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought after a period , [of time,] equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has lapsed since the date of the alleged offense.
Sec. 8. NRS 178.435 is hereby amended to read as follows:
178.435 The expenses of the examination and of the [sending] transportation of the defendant to and from the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources are in the first instance chargeable to the county or city from which he has been sent. But the county or city may recover the money from the estate of the defendant, from a relative legally bound to care for him or from the county or city of which he is a resident.
Sec. 9. NRS 178.440 is hereby amended to read as follows:
178.440 The clerk of the [district] court before which an examination [shall have] has been conducted shall certify the costs to the board of county commissioners [.] or governing body of the city, as appropriate.
Sec. 10. NRS 178.450 is hereby amended to read as follows:
178.450 1. The administrator of the mental hygiene and mental retardation division of the department of human resources shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.
2. [Within 6 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at 6-month intervals thereafter until release or return for trial or judgment, the] The administrator shall notify in writing a judge of the [district] court which committed the person and the [district] prosecuting attorney of the county or city to which the person may be returned for further court action whether [or not] in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter .
κ1991 Statutes of Nevada, Page 1005 (CHAPTER 389, AB 429)κ
be returned for further court action whether [or not] in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter . [, and if he is not, whether or not:] The administrator shall submit such a notification, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial notification must be submitted within 6 months after the order and at 6-month intervals thereafter. If the administrators opinion about the defendant is that he is not of sufficient mentality to understand the nature of the charge against him and assist in his own defense, the administrator shall also include in the notice his opinion whether:
(a) There is a substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) The defendant is at that time a danger to himself or to society.
3. The notice may be informal [and] , but must contain:
(a) The name of the defendant and the county or city to which he may be returned for further court action.
(b) The circumstances under which he was committed to the custody of the administrator and the duration of his hospitalization, or the circumstances under which he was ordered to report to the administrator as an outpatient.
Sec. 11. NRS 178.455 is hereby amended to read as follows:
178.455 1. The [district] judge, upon receiving the written notice of the administrator of the mental hygiene and mental retardation division that the defendant is of sufficient mentality to be placed upon trial or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future, shall, except as otherwise provided in subsection 4, within a period of not to exceed 20 days, impanel a sanity commission composed of three [physicians, at least one of whom shall be a psychiatrist, who are licensed to practice medicine in this state,] persons, each of whom is a psychiatrist or psychologist, but not including members of the medical staff of the mental hygiene and mental retardation division, who in the opinion of the [district] judge are qualified to examine the person with respect to his mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the [district] judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the [district] judge its reports in writing, which must be signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to understand the nature of the offense charged;
κ1991 Statutes of Nevada, Page 1006 (CHAPTER 389, AB 429)κ
(b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that [the person] he will attain competency in the foreseeable future.
3. Members of the sanity commission shall report individually. Copies of the reports must be sent to the administrator of the mental hygiene and mental retardation division to be incorporated in the medical record of the person, to the office of the district attorney, and to the counsel for the outpatient or person committed.
Sec. 12. NRS 178.460 is hereby amended to read as follows:
178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the reports of the sanity commission are sent to them, the [district] judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the sanity commission on their reports.
2. Within 10 days after the hearing or 20 days after the reports are sent, if no hearing is requested, the [district] judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:
(a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to society.
3. If the [district] judge finds the defendant:
(a) Competent, he shall within 10 days forward his finding to the [district] prosecuting attorney and counsel for the defendant. Upon receipt thereof, the [district] prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and arrange for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The defendant must not be returned more than 30 days before the date set for the trial or pronouncement of judgment which must be within 60 days of the receipt of the findings of the sanity commission [.] , or if the case is a misdemeanor, within 60 days after the judge received the notice from the administrator pursuant to subsection 1 of NRS 178.455.
(b) Incompetent, but there is substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, he shall recommit the defendant.
(c) Incompetent, but there is substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, he shall order that the defendant remain an outpatient or be transferred to [outpatient] the status of an outpatient under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, he shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200.
κ1991 Statutes of Nevada, Page 1007 (CHAPTER 389, AB 429)κ
if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.
4. No person who is committed under the provisions of this chapter may be held in the custody of the administrator of the mental hygiene and mental retardation division longer than the longest period of incarceration provided for the crime or crimes with which he is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.
Sec. 13. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission are entitled to receive reasonable compensation fixed by the [district] judge impaneling the commission. The compensation is a charge against and must be paid by the mental hygiene and mental retardation division upon an order therefor signed by the [district] judge and submitted to the administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the mental hygiene and mental retardation division out of the reserve for statutory contingency fund, upon approval by the state board of examiners, for payment of the compensation.
Sec. 14. NRS 200.375 is hereby amended to read as follows:
200.375 1. A person convicted of sexual assault or attempted sexual assault may not be paroled unless a board consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(b) The director of the department of prisons; and
(c) A [physician authorized] psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada , [who is also a qualified psychiatrist,]
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. For the purposes of this section, the administrator and the director may each designate a person to represent him on the board.
Sec. 15. NRS 201.195 is hereby amended to read as follows:
201.195 1. Any person who incites, entices or solicits a minor to engage in acts which would constitute the infamous crime against nature if performed by an adult:
(a) If the minor actually engaged in such acts as a result, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) If the minor did not engage in such acts:
(1) For the first office, is guilty of a gross misdemeanor.
κ1991 Statutes of Nevada, Page 1008 (CHAPTER 389, AB 429)κ
(2) For any subsequent offense, is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. A person convicted of violating any of the provisions of subsection 1 may not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
(2) The director of the department of prisons or his designee; and
(3) A [physician authorized] psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada , [who is also a qualified psychiatrist,]
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in [the State of] Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
Sec. 16. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
2. No person convicted of violating the provisions of subsection 1 may be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(2) The director of the department of prisons; and
(3) A [physician authorized] psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada , [who is also a qualified psychiatrist,]
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in [the State of] Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
Sec. 17. NRS 201.220 is hereby amended to read as follows:
201.220 1. Every person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
κ1991 Statutes of Nevada, Page 1009 (CHAPTER 389, AB 429)κ
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(2) The director of the department of prisons; and
(3) A [physician authorized] psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada , [who is also a qualified psychiatrist,]
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in [the State of] Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
Sec. 18. NRS 201.230 is hereby amended to read as follows:
201.230 1. Any person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(2) The director of the department of prisons; and
(3) A [physician authorized] psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada , [who is also a qualified psychiatrist,]
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in [the State of] Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
κ1991 Statutes of Nevada, Page 1010 (CHAPTER 389, AB 429)κ
Sec. 19. NRS 201.450 is hereby amended to read as follows:
201.450 1. A person who commits a sexual penetration on the dead body of a human being shall be punished by imprisonment in the state prison for life, with possibility of parole, beginning when a minimum of 5 years has been served, or by a fine of not more than $20,000, or by both fine and imprisonment.
2. A person convicted of a violation of subsection 1 shall not be granted probation or parole unless a [physician who is a qualified psychiatrist] psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person is not a menace to the health, safety or morals of others.
3. For the purposes of this section, sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of a persons body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in what would be its ordinary meaning if practiced upon the living.
Sec. 20. NRS 207.180 is hereby amended to read as follows:
207.180 1. Any person who [shall knowingly send or deliver] knowingly sends or delivers any letter or writing:
(a) Threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels or other valuable thing; or
(b) Threatening to maim, wound, kill or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels or other valuable thing be demanded,
is guilty of a misdemeanor.
2. Any person who:
(a) Writes and sends, or writes and delivers, either through the mail, express, by private parties or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime; or
(b) Writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his standing in society or in the community,
is guilty of a misdemeanor.
3. No person convicted of violating the provisions of subsection 1 or 2 may be released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in [the State of] Nevada certifies that [such] the person so convicted is not a menace to the health, safety or morals of others.
Sec. 21. Sections 2 and 14 of this act become effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1011κ
Assembly Bill No. 553Committee on Judiciary
CHAPTER 390
AN ACT relating to gaming; deleting the requirement that the Nevada gaming commission approve the enforcement of certain security interests; authorizing the appointment of a supervisor when a gaming license is surrendered; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.344 is hereby amended to read as follows:
463.344 1. Except as otherwise provided in subsection 3, a security interest in:
(a) [A gaming device;
(b) The proceeds from the operation of a gaming device, game, race book or sports pool;
(c)] A security issued by a corporation which is a holder of a gaming license in this state; [or
(d)] (b) A security issued by a holding company [of such a corporation other than a corporation whose stock is publicly traded,] that is not a publicly traded corporation;
(c) A security issued by a holding company that is a publicly traded corporation, if the enforcement of the security interest will result in the creditor acquiring control; or
(d) A security issued by a partnership which is a holder of a gaming license in this state,
may not be enforced without the prior approval of the commission and compliance with the regulations adopted by the commission pursuant to subsection 2.
2. The commission shall adopt regulations establishing the procedure for the enforcement of such a security interest which are consistent with chapter 104 of NRS. Any remedy provided by the commission in its regulations for the enforcement of such a security interest is in addition to any other remedy provided by law.
[3. The provisions of subsection 1 do not apply to a distributor or manufacturer licensed by the commission to distribute gaming devices.]
Sec. 2. NRS 463.386 is hereby amended to read as follows:
463.386 1. If the commission approves the issuance of a license for gaming operations at the same location, or locations if the license is for the operation of a slot machine route, within 30 days following a change described in subsection 2, for the purposes of NRS 463.370 and 463.373 to 463.3855, inclusive, the gaming license shall be deemed transferred and the previously licensed operation shall be deemed a continuing operation.
2. Credit must be granted for prepaid license fees as described in subsection 1 if:
(a) The securities of a corporate gaming licensee are or become publicly held or publicly traded and the gaming operations of that corporation are transferred to a wholly owned subsidiary corporation;
κ1991 Statutes of Nevada, Page 1012 (CHAPTER 390, AB 553)κ
(b) A corporation gaming licensee is merged with another corporation which is the surviving entity and at least 80 percent of the surviving entity is owned by shareholders of the former licensee;
(c) A corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, at least 80 percent of which is owned by the parent corporation, becomes the gaming licensee;
(d) A corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity;
(e) The assets of a gaming licensee who is a sole proprietorship are transferred to a corporation and at least 80 percent of the stock of the corporation is held by the former sole proprietor;
(f) A corporate gaming licensee is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the stock of the former corporation;
(g) A licensed gaming partnership is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the former partnership interests;
(h) The assets of a gaming licensee who is a sole proprietorship are transferred to a partnership in which 80 percent of the ownership of the partnership interests are held by the former sole proprietor;
(i) A licensed gaming partnership is dissolved and the assets of the gaming establishment are transferred to a corporation, at least 80 percent of the stock of which is held by the former partnership interests; [or]
(j) A licensed gaming partnership is dissolved or reorganized and the assets of the gaming establishment are transferred to a partnership, at least 80 percent of the ownership of which is held by the former partnership interests [.] ; or
(k) A trustee, receiver, assignee for the benefit of a creditor or a fiduciary is approved to continue the operation of a licensed establishment and the commission deems the operation to continue pursuant to the existing license of the establishment.
3. Except as otherwise provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.
Sec. 3. NRS 463B.050 is hereby amended to read as follows:
463B.050 The legislature hereby finds, and declares it to be the policy of this state, that:
1. The stability and continuity of gaming establishments in this state are essential to the states economy and to the general welfare of its residents.
2. Any closure of a gaming establishment because of a surrender, lapse, revocation or suspension of its license may cause unnecessary financial hardship to its employees, creditors and investors and may have an adverse economic effect on the residents of the community in which it is located and on the state generally.
3. Public confidence and trust in the ability of the state to control gaming operations must not be sacrificed by any relaxation of strict controls in particular circumstances merely to permit gaming operations to continue.
κ1991 Statutes of Nevada, Page 1013 (CHAPTER 390, AB 553)κ
4. Placing the management and control of a gaming establishment whose license is surrendered, lapsed, suspended or revoked under a competent supervisory official may ensure the proper regulation of the establishment while maintaining its value for its creditors and investors, protecting the interests of other persons, avoiding any disruption of the economy of the community in which it is located, and promoting the general welfare of the state.
Sec. 4. NRS 463B.080 is hereby amended to read as follows:
463B.080 1. Except as otherwise provided in subsection 5, if the license of any person whose license is essential to the operation of a gaming establishment:
(a) Is revoked by the commission;
(b) Is suspended by the commission; [or]
(c) Lapses [,] ; or
(d) Is surrendered because the gaming establishment or the ownership thereof has been conveyed or transferred to a secured party who does not possess the licenses necessary to operate the establishment,
only the commission may ex parte petition the district court for the county in which the gaming establishment is located for appointment by the court of a supervisor to manage the establishment. The petition is discretionary with the commission and this chapter does not create any property right or interest in continued gaming at the establishment.
2. The petition must contain the names of two or more persons who the commission believes are suitable and qualified to manage a gaming establishment and are available for appointment as a supervisor [.] unless, in the opinion of the commission, only one person is available who is qualified to serve, in which case the commission may name only that person.
3. Upon receipt of such a petition, the court shall appoint as supervisor of the gaming establishment a person who is listed in the petition. The court shall immediately notify the commission of the appointment. Upon receipt of notice from the court, the commission shall immediately notify all interested licensees.
4. The petition may be presented pursuant to this section even if time has not expired for a petition for judicial review of the final determination of the commission to revoke or suspend the gaming license.
5. The commission shall not petition any court for the appointment of a supervisor pursuant to this section if:
(a) The gaming establishment has never been in operation and opened to the public.
(b) A rehearing has been granted by the commission to the licensee on the revocation or suspension of his license and the rehearing has not been concluded.
(c) The gaming establishment is, or reasonably appears to be, insolvent.
6. If the commission does not petition for the appointment of a supervisor, no district court of this state may issue an order which allows gaming to continue at the establishment.
κ1991 Statutes of Nevada, Page 1014 (CHAPTER 390, AB 553)κ
Sec. 5. NRS 463B.110 is hereby amended to read as follows:
463B.110 1. A supervisor is subject to the provisions of chapter 463 of NRS and any regulations adopted pursuant thereto as if he were personally licensed to operate the gaming establishment.
2. The court which appointed the supervisor has jurisdiction over all powers and duties of the supervisor in any proceeding relating to the exercise of those powers and duties, and may issue any order or decree in the proceeding which it deems necessary.
3. After the court appoints a supervisor the gaming license of the establishment shall be deemed transferred and the previously licensed operation shall be deemed a continuing operation.
Sec. 6. NRS 463B.200 is hereby amended to read as follows:
463B.200 1. Except as otherwise provided in subsection 2 and subject to prior approval by the court which appointed him, a supervisor may, consistently with regulations to be adopted by the commission, make periodic distribution of earnings to the former legal owner of the gaming establishment.
2. Upon petition to the court by the commission, earnings that would otherwise be distributed [under] pursuant to subsection 1 must, except as otherwise provided in this subsection, be paid into the court pending judicial review of the final determination of the commission. An amount of the earnings which represents the reasonable rental value of the premises must be retained by the supervisor for distribution to the former legal owner. If the [commissions order] commission has ordered suspension or revocation of a license and:
(a) The commissions order of suspension or revocation is upheld after final judicial review [and the] ; and
(b) The gaming establishment is sold pursuant to this chapter,
all earnings, except the amount representing the reasonable rental value of the premises as determined by the court, which were paid into the court [under] pursuant to this subsection are forfeited and must be deposited in the state general fund. If that order is reversed or otherwise modified and the former legal owner regains his license, the earnings must be distributed to him.
Sec. 7. NRS 463B.250 is hereby amended to read as follows:
463B.250 1. Any person who suffers or is likely to suffer direct financial injury as the result of an act or omission of a supervisor may file an objection with the commission to the suitability of the supervisor.
2. Any person described in subsection 1 may petition the district court which made the appointment for an accounting or for a review of the supervisors qualifications or performance.
3. If at any time the district court finds that a supervisor is not qualified or available to serve as supervisor, it shall request from the commission the names of two or more persons who the commission believes are suitable and qualified to manage a gaming establishment and are available to serve as a supervisor [.] unless, in the opinion of the commission, only one person is available who is qualified to serve, in which case the commission may name only that person.
κ1991 Statutes of Nevada, Page 1015 (CHAPTER 390, AB 553)κ
4. The commission may, at any time after the appointment of a supervisor, petition the court for the removal of the supervisor and the appointment of a new supervisor or for the termination of the supervision.
Sec. 8. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 578Committee on Judiciary
CHAPTER 391
AN ACT relating to bail; increasing the period of advance notice required for exoneration of a surety for a defendant admitted to bail; requiring the court to release any bail at the time of sentencing the defendant under certain circumstances; changing the amount and disposition of the proceeds of the fee for filing a bail bond in a justices court; increasing the bond required for a license as a bail agent or bail solicitor; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.508 is hereby amended to read as follows:
178.508 If the defendant fails to appear when his presence in court is lawfully required and not excused, the court shall direct the fact of such failure to appear to be entered upon its minutes. If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, the court shall direct that the sureties and the local agent of each surety, or the depositor if he is not the defendant, be given notice that the defendant has failed to appear, by certified mail within 15 days after the failure to appear, and shall execute an affidavit of such mailing to be kept as an official public record of the court. The undertaking or money instead of bail bond is forfeited upon the expiration of [90] 180 days after the notice is mailed, except as otherwise provided in NRS 178.509. A copy of the notice must be transmitted to the district attorney at the time notice is given to the sureties or the depositor.
Sec. 2. NRS 178.509 is hereby amended to read as follows:
178.509 1. The court shall not exonerate the surety before the expiration of [90] 180 days after mailing the notice of intent to forfeit unless:
(a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or
(b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because:
(1) He is dead;
(2) He is ill;
(3) He is insane; or
(4) He is being detained by civil or military authorities, and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.
κ1991 Statutes of Nevada, Page 1016 (CHAPTER 391, AB 578)κ
and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.
2. If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.
3. The court shall not exclude any period of time from the running of the [90] 180 days following mailing of the notice of intent to forfeit unless the defendant or the surety submits an application for the exclusion of time from that [90-day] 180-day period on the ground that the defendant is temporarily prevented from appearing before the court because:
(a) He is ill;
(b) He is insane; or
(c) He is being detained by civil or military authorities,
and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant. If the requirements of this subsection are met, the court may exclude from the [90-day] 180-day period such time as it determines to be necessary and just. The court may include, as part of the total time excluded from the running of the [90] 180 days, a reasonable period for the defendants return to the court upon termination of the temporary disability if it determines that the additional period is necessary.
Sec. 3. NRS 178.522 is hereby amended to read as follows:
178.522 1. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. The court shall exonerate the obligors and release any bail at the time of sentencing the defendant, if the court has not previously done so unless the:
(a) Court orders the defendant to appear in court after his sentencing; or
(b) Money deposited by the defendant as bail must be applied to satisfy a judgment pursuant to NRS 178.528.
2. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.
Sec. 4. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000....................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed $5,000... 35.00
In all other civil actions........................................................................... 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500.......................................... 10.00
If the sum claimed exceeds $500 but does not exceed $1,500...... 20.00
If the sum claimed exceeds $1,500 but does not exceed $2,500... 30.00
κ1991 Statutes of Nevada, Page 1017 (CHAPTER 391, AB 578)κ
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions..................................................................................... $10.00
For every additional defendant, appearing separately..................... 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention.................................... 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 5.00
(g) For filing a notice of appeal, and appeal bonds.......................... 10.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court........................................................................................................... 10.00
(i) For preparation and transmittal of transcript and papers on appeal 10.00
(j) For celebrating a marriage during business hours on weekdays and returning the certificate to the county recorder.......................................................... 25.00
(k) For celebrating a marriage on Saturdays, Sundays, legal holidays or during any hours other than business hours and returning the certificate to the county recorder............................................................................................................ 30.00
(l) For entering judgment by confession............................................. 5.00
(m) For preparing any copy of any record, proceeding or paper, for each page .25
(n) For each certificate of the clerk, under the seal of the court.... 2.00
(o) For searching records or files in his office, for each year.......... 1.00
(p) For filing and processing each bail or property bond.... [20.00] 40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees [which] he may retain as compensation [.] and the fees he must pay to the state treasurer pursuant to subsection 4.
4. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (p) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.
Sec. 5. NRS 697.190 is hereby amended to read as follows:
697.190 1. Every applicant for a property bondsmans, bail agents or bail solicitors license shall file with the application, and thereafter maintain in force while so licensed, a bond in favor of the people of the State of Nevada executed by an authorized surety insurer. The bond may be continuous in form with total aggregate liability limited to payment as follows:
κ1991 Statutes of Nevada, Page 1018 (CHAPTER 391, AB 578)κ
(a) Property bondsman....................................................................... $50,000
(b) Bail agent............................................................................ [2,500] 25,000
(c) Bail solicitor......................................................................... [1,000] 10,000
2. The bond [shall] must be conditioned upon full accounting and payment to the person entitled thereto of [funds,] money, property or other matters coming into the licensees possession through bail bond transactions under the license.
3. The bond [shall] must remain in force until release by the commissioner, or cancelled by the surety. Without prejudice to any liability previously incurred [thereunder,] under the bond, the surety may cancel the bond upon 30 days advance written notice to both the licensee and the commissioner.
Sec. 6. 1. A license to act as a bail agent or bail solicitor issued pursuant to chapter 697 of NRS before October 1, 1991, expires on April 1, 1992, unless:
(a) On or before that date, the holder of the license complies with the provisions of NRS 697.190, as amended by this act; or
(b) The license expires or is otherwise terminated before that date.
2. Except as otherwise provided in subsection 1, the amendatory provisions of section 5 of this act do not affect the validity of a license to act as a bail agent or bail solicitor issued pursuant to chapter 697 of NRS before October 1, 1991.
Sec. 7. Section 4 of this act becomes effective at 12:02 a.m. on October 1, 1991.
________
Assembly Bill No. 646Assemblymen Krenzer, Wong, Bennett, Gibbons, Petrak, Elliott, Johnson, Heller, Spriggs, Gregory, McGaughey, Pettyjohn, Haller, Norton, Bayley, Bache, Dini, Porter, Hardy, Sader, Bergevin, Lambert, Spitler, Myrna Williams, Carpenter, Anderson, Garner, Freeman, Callister, Giunchigliani, McGinness, Kerns, Wendell Williams, Humke, Evans, Arberry, Marvel and Price
CHAPTER 392
AN ACT relating to discrimination; expanding the jurisdiction of the Nevada equal rights commission to include the authority to hear complaints relating to discrimination against persons with mental disabilities; providing additional remedies for a violation of the provisions relating to equality of access to public accommodations; conforming the definition of public accommodations to analogous federal law; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233.010 is hereby amended to read as follows:
233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the state, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations, and reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, [physical or visual handicap,] disability, national origin or ancestry.
κ1991 Statutes of Nevada, Page 1019 (CHAPTER 392, AB 646)κ
of the state, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations, and reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, [physical or visual handicap,] disability, national origin or ancestry.
2. It is recognized that the people of this state should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this state.
Sec. 2. NRS 233.020 is hereby amended to read as follows:
233.020 As used in this chapter:
1. Commission means the Nevada equal rights commission.
2. Director means the executive director of the Nevada equal rights commission.
3. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
4. Member means a member of the Nevada equal rights commission.
Sec. 3. NRS 233.040 is hereby amended to read as follows:
233.040 The members of the commission [shall] must be representative of religious, [handicapped,] disabled, racial and ethnic groups of both sexes in the state.
Sec. 4. NRS 233.140 is hereby amended to read as follows:
233.140 The commission shall:
1. Foster mutual understanding and respect among all racial, religious, [handicapped] disabled and ethnic groups and between the sexes in the state.
2. Aid in securing equal health and welfare services and facilities for all the residents of the state without regard to race, religion, sex, age, [physical or visual handicap] disability or nationality.
3. Study problems arising between groups within the state which may result in tensions, discrimination or prejudice because of race, color, creed, sex, age, [physical or visual handicap,] disability, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.
4. Secure the cooperation of various racial, religious, [handicapped,] disabled, nationality and ethnic groups, veterans organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.
5. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.
Sec. 5. NRS 233.150 is hereby amended to read as follows:
233.150 The commission may:
κ1991 Statutes of Nevada, Page 1020 (CHAPTER 392, AB 646)κ
1. Order its executive director to investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, [physical or visual handicap,] disability, national origin or ancestry, and may conduct hearings with regard thereto.
2. Mediate between or reconcile the persons or groups involved in such tensions, practices and acts.
3. Issue subpenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any hearings conducted by the commission.
4. Delegate its power to hold hearings and issue subpenas to any of its members or any hearing officer in its employ.
5. Adopt reasonable regulations necessary for the commission to carry out the functions assigned to it by law.
Sec. 6. Chapter 118 of NRS is hereby amended by adding thereto a new section to read as follows:
Disability means, with respect to a person:
1. A physical or mental impairment that substantially limits one or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
Sec. 7. NRS 118.020 is hereby amended to read as follows:
118.020 1. It is hereby declared to be the public policy of the State of Nevada that all people in the state [shall] must have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin, disability, ancestry or sex.
2. Nothing in this chapter shall be deemed to render enforceable a conveyance or other contract made by a person who lacks the capacity to contract.
Sec. 8. NRS 118.030 is hereby amended to read as follows:
118.030 As used in NRS 118.010 to 118.120, inclusive, except where the context otherwise requires, the words defined in NRS 118.040 to 118.090, inclusive, and section 6 of this act, have the meanings [respectively] ascribed to them in [such] those sections.
Sec. 9. NRS 118.080 is hereby amended to read as follows:
118.080 1. Person includes the State of Nevada and all political subdivisions and agencies thereof.
2. Person does not include any nonprofit, fraternal, educational or social organization or club, unless it has the purpose of promoting discrimination in the matter of housing against any person [or persons] because of race, religious creed, color, national origin, disability, ancestry or sex.
Sec. 10. NRS 118.100 is hereby amended to read as follows:
118.100 No person may, because of race, religious creed, color, national origin, disability, ancestry or sex:
1. Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
2. Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
κ1991 Statutes of Nevada, Page 1021 (CHAPTER 392, AB 646)κ
3. Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any such preference, limitation or discrimination.
4. Represent to any person because of race, religious creed, color, national origin, disability, ancestry or sex that any dwelling is not available for inspection, sale or rental when [such] the dwelling is in fact so available.
5. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person [or persons] of a particular race, religious creed, color, national origin, disability, ancestry or sex.
Sec. 11. NRS 118.105 is hereby amended to read as follows:
118.105 1. A landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A or NRS solely because a guide dog, hearing dog or helping dog will be residing with the prospective tenant in the dwelling.
2. A landlord may require proof that a dog is a guide dog, hearing dog or helping dog. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a [visually, aurally or physically handicapped] person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs or school for helping dogs.
3. For the purposes of this section, the terms guide dog, hearing dog, helping dog, school for guide dogs, school for hearing dogs and school for helping dogs have the meanings ascribed to them respectively in NRS 426.075 to 426.095, inclusive.
Sec. 12. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, agencies, boards or appointing officers thereof must be based solely on merit and fitness.
2. State, county or municipal departments, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of his race, creed, color, national origin, sex, age, political affiliation or [physical, aural or visual handicap,] disability, except when based upon a bona fide occupational qualification.
3. As used in this section, disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
Sec. 13. NRS 610.010 is hereby amended to read as follows:
610.010 As used in this chapter, unless the contest otherwise requires:
1. Agreement means a written and signed agreement of indenture as an apprentice.
2. Apprentice means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.
3. Disability means, with respect to a person:
κ1991 Statutes of Nevada, Page 1022 (CHAPTER 392, AB 646)κ
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
4. Program means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.
Sec. 14. NRS 610.020 is hereby amended to read as follows:
610.020 The purposes of this chapter are:
1. To open to people, without regard to race, color, creed, sex, religion, [physical or visual handicap] disability or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.
2. To [set up,] establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.
3. To promote opportunities for employment for [people,] all persons, without regard to race, color, creed, sex, religion, [physical or visual handicap] disability or national origin, under conditions providing adequate training and reasonable earnings.
4. To regulate the supply of skilled workers in relation to the demand for skilled workers.
5. To establish standards for the training of apprentices in approved programs.
6. To establish a state apprenticeship council with the authority to carry out the purposes of this chapter and provide for local joint apprenticeship committees to assist in carrying out the purposes of this chapter.
7. To provide for a state director of apprenticeship.
8. To provide for reports to the legislature and to the public regarding the status of the training of apprentices in the state.
9. To establish procedures for regulating programs and deciding controversies concerning programs and agreements.
10. To accomplish related ends
Sec. 15. NRS 610.150 is hereby amended to read as follows:
610.150 Every agreement entered into under this chapter must contain:
1. The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.
2. The date of birth of the apprentice.
3. The name and address of the sponsor of the program.
4. A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.
5. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction [may] must not be less than 144 hours per year.
6. A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.
κ1991 Statutes of Nevada, Page 1023 (CHAPTER 392, AB 646)κ
7. A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.
8. Statements providing:
(a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the state apprenticeship council; and
(b) That after the probationary period the agreement may be canceled at the request of the apprentice, or suspended, canceled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the state apprenticeship council of the final action taken.
9. A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.
10. A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, religion [, physical or visual handicap.] or disability.
11. A statement naming the state apprenticeship council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.
12. Such additional terms and conditions as [may be] are prescribed or approved by the state apprenticeship council not inconsistent with the provisions of this chapter.
Sec. 16. NRS 610.185 is hereby amended to read as follows:
610.185 The state apprenticeship council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of this chapter if the Nevada equal rights commission, after notice and hearing, finds that the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, religion, [physical or visual handicap] disability or national origin in violation of this chapter.
Sec. 17. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.430, inclusive, unless the context otherwise requires:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
κ1991 Statutes of Nevada, Page 1024 (CHAPTER 392, AB 646)κ
(c) Any private membership club exempt from taxation under section 501(c) of the Internal Revenue Code of 1954.
[2.] 3. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
[3.] 4. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
[4.] 5. Person includes the State of Nevada and any of its political subdivisions.
Sec. 18. NRS 613.330 is hereby amended to read as follows:
613.330 1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his race, color, religion, sex, age, [physical, aural or visual handicap] disability or national original; or
(b) To limit, segregate or classify employees in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his status as an employee, because of his race, color, religion, sex, age, [physical, aural or visual handicap] disability or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any person because of his race, color, religion, sex, age [physical, aural or visual handicap] disability or national origin, or to classify or refer for employment any person on the basis of his race, color, religion, sex, age, [physical, aural or visual handicap] disability or national origin.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate, against, any person because of his race, color, religion, sex, age, [physical, aural or visual handicap] disability or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive him of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of his race, color, religion, sex, age, [physical, aural or visual handicap] disability or national origin; or
(c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any person because of his race, color, religion, sex, age, [physical, aural or visual handicap] disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
κ1991 Statutes of Nevada, Page 1025 (CHAPTER 392, AB 646)κ
to, or employment in, any program established to provide apprenticeship or other training.
5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against [the physically, aurally or visually handicapped] persons with physical, aural or visual disabilities by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog or hearing dog, by such a [handicapped] person.
6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit [a visually or aurally handicapped] an employee with a visual or aural disability to keep his guide dog or hearing dog with him at all times in his place of employment.
7. For the purposes of this section, the terms guide dog and hearing dog have the meanings ascribed to them respectively in NRS 426.075 and 426.081.
Sec. 19. NRS 613.340 is hereby amended to read as follows:
613.340 1. It is an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any [individual,] person, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.430, inclusive, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.430, inclusive.
2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, age, [physical or visual handicap] disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, age, physical , mental or visual condition or national origin when religion, sex, age, physical , mental or visual condition or national origin is a bona fide occupational qualification for employment.
Sec. 20. NRS 613.350 is hereby amended to read as follows:
613.350 1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis of his religion, sex, age, [physical or visual handicap] disability or national origin in those instances where religion, sex, age, physical , mental or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
κ1991 Statutes of Nevada, Page 1026 (CHAPTER 392, AB 646)κ
occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his [physical or visual handicap] disability in those instances where physical , mental or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, if it is shown that the particular [physical or visual handicap] disability would prevent proper performance of the work for which the [handicapped] disabled person would otherwise have been hired, classified, referred or prepared under a training or retraining program.
3. It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his age if the person is less than 40 years of age.
4. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school or institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion.
5. It is not an unlawful employment practice for an employer to observe the terms of any bona fide plan for employees benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.430, inclusive, as they relate to discrimination against a person because of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age.
Sec. 21. NRS 613.380 is hereby amended to read as follows:
613.380 Notwithstanding any other provision of NRS 613.310 to 613.430, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, [provided that such] if those differences are not the result of an intention to discriminate because of race, color, religion, sex, age, [physical or visual handicap] disability or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, [provided that such] if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, age, [physical or visual handicap] disability or national origin.
κ1991 Statutes of Nevada, Page 1027 (CHAPTER 392, AB 646)κ
designed, intended or used to discriminate because of race, color, religion, sex, age, [physical or visual handicap] disability or national origin.
Sec. 22. NRS 613.400 is hereby amended to read as follows:
613.400 Nothing contained in NRS 613.310 to 613.430, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.430, inclusive, to grant preferential treatment to any [individual] person or to any group because of the race, color, religion, sex, age, [physical or visual handicap] disability or national origin of [such] the individual or group on account of an imbalance which [may exist] exists with respect to the total number or percentage of persons of any race, color, religion, sex, age, [physical or visual handicap] disability or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of [such] that race, color, religion, sex, age, [physical or visual handicap] disability or national origin in any community, section or other area, or in the available work force in any community, section or other area.
Sec. 23. NRS 613.405 is hereby amended to read as follows:
613.405 Any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with the Nevada equal rights commission if the complaint is based on discrimination because of race, color, sex, age, [physical or visual handicap,] disability, religion or national origin.
Sec. 24. NRS 651.050 is hereby amended to read as follows:
651.050 As used in NRS 651.050 to 651.110, inclusive, unless the context otherwise requires : [, place of public accommodation means:]
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Place of public accommodation means:
(a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of [such] the establishment as his residence;
[2.] (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;
[3.] (c) Any gasoline station;
[4.] (d) Any motion picture house, theater, concert hall, sports arena [, stadium] or other place of exhibition or entertainment;
[5.] (e) Any auditorium, convention center, lecture hall, stadium or other place of public gathering;
(f) Any bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;
κ1991 Statutes of Nevada, Page 1028 (CHAPTER 392, AB 646)κ
(g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment;
(h) Any terminal, depot or other station used for specified public transportation;
(i) Any museum, library, gallery or other place of public display or collection;
(j) Any park, zoo, amusement park or other place of recreation;
(k) Any nursery, private school or university or other place of education;
(l) Any day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service establishment;
(m) any gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation;
(n) Any other establishment or [other] place to which the public is invited or which is intended for public use; and
[6.] (o) Any establishment physically containing or contained within any of the establishments described in [subsections 1 to 5,] paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of [such] the described establishment.
Sec. 25. NRS 651.070 is hereby amended to read as follows:
651.070 All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin or [physical or visual handicap.] disability.
Sec. 26. NRS 651.075 is hereby amended to read as follows:
651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a [visually, aurally or physically handicapped] person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog or helping dog;
(b) Refuse admittance or service to a person training such a dog; or
(c) Charge an additional fee for such a dog.
2. A place of accommodation may require proof that a dog is a guide dog, hearing dog or helping dog, or that a person is training such a dog. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification care normally presented to a trainer of such a dog or to a [visually, aurally or physically handicapped] person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs or school for helping dogs.
3. A guide dog, hearing dog or helping dog may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve a [visually, aurally or physically handicapped] person with a disability or a person who trains such a dog from liability for damage [which may be] caused by his guide dog, hearing dog or helping dog.
5. [Visually, aurally or physically handicapped persons] Persons with disabilities who are accompanied by guide dogs, hearing dogs or helping dogs are subject to the same conditions and limitations that apply to persons who are not so [handicapped] disabled and accompanied.
κ1991 Statutes of Nevada, Page 1029 (CHAPTER 392, AB 646)κ
dogs are subject to the same conditions and limitations that apply to persons who are not so [handicapped] disabled and accompanied.
6. For the purposes of this section, the terms guide dog, hearing dog and helping dog have the meanings ascribed to them respectively in NRS 426.075, 426.081 and 426.083.
Sec. 27. NRS 651.090 is hereby amended to read as follows:
651.090 1. Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070,
is liable to the person whose rights under NRS 651.070 are affected for actual damages , [for any economic loss and no more,] to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.
2. In an action brought under this section, the court may [award] :
(a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.
(b) Award costs and reasonable attorneys fees to the prevailing party.
Sec. 28. NRS 651.110 is hereby amended to read as follows:
651.110 Any person who believes he has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin or [physical or visual handicap] disability may file a complaint to that effect with the Nevada equal rights commission.
________
Senate Bill No. 75Committee on Judiciary
CHAPTER 393
AN ACT relating to child support; requiring a court to order the support of children if it finds a duty of support based on a prior decree or other obligation at law; requiring that court to follow the statutory formula to calculate those support payments; revising the provisions governing the enforcement of orders for support of dependent children; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 130.220 is hereby amended to read as follows:
130.220 1. If the responding court finds a duty of support [, it may] on the basis of a prior decree or other obligation at law, it shall order the obligor to furnish support or reimbursement therefor as required by chapter 125B of NRS and subject the property of the obligor to that order.
κ1991 Statutes of Nevada, Page 1030 (CHAPTER 393, SB 75)κ
125B of NRS and subject the property of the obligor to that order. The amount of support the obligor is directed to pay must be determined in accordance with NRS 125B.070 and 125B.080. Support orders made pursuant to this chapter may impose a greater or lesser amount of support than any previous order of another court obligating the same person for support of the same child. Support orders made pursuant to this chapter must:
(a) Except as otherwise provided in subsection 2, include an order directing the withholding of wages and commissions for the payment of the support unless:
(1) One of the parties demonstrates and good cause is found by the court for the postponement of withholding; or
(2) All parties otherwise agree in writing; and
(b) Require that payments be made to the clerk of the court of the responding state or other appropriate agency or office.
2. If the complaint is based upon an order of a court for support of a child that is delinquent in an amount equal to the amount the responsible parent has been ordered to pay as support for a 30-day period, the exceptions provided in paragraph (a) of subsection 1 are not applicable and the court shall issue an order for the withholding of wages and commissions.
3. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Sec. 2. NRS 130.370 is hereby amended to read as follows:
130.370 1. Upon registration, the confirmed registered foreign support order [shall] must be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses and proceedings for reopening, modifying, vacating or staying as a support order of this state and may be enforced and satisfied in [like] the same manner.
2. The obligor has 20 days after the mailing of notice of the registration in which to petition the court to vacate the registration or for other relief. If he does not so petition, the registered support order is confirmed. Any objection to the registration must be heard at the hearing to enforce the registered support order.
3. At the hearing to enforce the registered support order, the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment concerning any arrearages which have accrued thereunder. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering state. If the obligor shows to the court any ground upon which enforcement of a support order of this state may be stayed or modified, the court shall stay enforcement of the order, or modify it, for an appropriate period, if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
κ1991 Statutes of Nevada, Page 1031 (CHAPTER 393, SB 75)κ
upon which enforcement of a support order of this state may be stayed or modified, the court shall stay enforcement of the order, or modify it, for an appropriate period, if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
Sec. 3. Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.
Sec. 4. The provisions of NRS 425.382 to 425.3852, inclusive, and sections 5 and 6 of this act, apply in any county whose population is less than 400,000.
Sec. 5. 1. A master must be appointed to a full-time position, or an equivalent position, as set forth in this section.
2. The district judges of the second judicial district shall appoint the masters for that district, and shall establish the qualifications and duties of those masters.
3. The district judges of the remaining judicial districts, excluding the eighth judicial district, shall appoint the masters for those districts, and shall establish the qualifications and duties of those masters.
4. A master serves at the pleasure of the district judges who appointed him.
Sec. 6. 1. If a parent wishes to modify an order for support of a dependent child issued by a court in another state, the parent must register that order in this state pursuant to NRS 130.330 to 130.370, inclusive.
2. A master may not hold a hearing pursuant to NRS 425.3822 to 425.3836, inclusive, regarding such an order without first receiving a certified copy of that order. A certified copy of the order must be furnished to each party or his attorney. within 10 days after receipt of the certified copy, a party may file with the master and serve upon the other party written objections to the certified copy. If the certified copy of the foreign order of support is accepted by the master, he shall consider the order registered and may hold a hearing thereon.
3. A district court may not approve a recommendation for support of a dependent child that modifies a foreign order for support unless the foreign order is registered in this state pursuant to NRS 130.330 to 130.370, inclusive.
Sec. 7. NRS 425.295 is hereby amended to read as follows:
425.295 Debt means the amount of money owned as support for a dependent child pursuant to an order of a court of competent jurisdiction of this or any other state or [an order] a recommendation entered by the [hearing officer] master pursuant to NRS 425.382 to 425.3852, inclusive, and approved by the district court.
Sec. 8. NRS 425.382 is hereby amended to read as follows:
425.382 1. the chief may proceed pursuant to NRS 425.382 to 425.3852, inclusive, after:
(a) Payment of public assistance by the division.
(b) Receipt of an application for services for enforcement pursuant to NRS 125B.150 by a person who is not receiving public assistance.
(c) Receipt of a written request for enforcement of an obligation for support of a dependent child from an agency of another state responsible for administering the Federal Child Support Enforcement Program Act (42 U.S.C.
κ1991 Statutes of Nevada, Page 1032 (CHAPTER 393, SB 75)κ
administering the Federal Child Support Enforcement Program Act (42 U.S.C. §§ 651 et seq.).
2. Subject to approval by the district court, the [hearing officer] master may:
(a) Establish, modify and terminate an amount of support for a dependent child;
(b) Require coverage for health care of a dependent child;
(c) Establish paternity; and
(d) Collect support for a dependent child.
3. The administrator, subject to the approval of the state welfare board, may adopt such regulations and take such actions as are necessary to carry out the provisions of NRS 425.382 to 425.3852, inclusive.
Sec. 9. NRS 425.3824 is hereby amended to read as follows:
425.3824 1. The notice and finding of financial responsibility sent pursuant to NRS 425.3822 must include:
(a) The name of the person who has physical custody of the dependent child and the name of the child for whom support is to be paid.
(b) A statement of the monthly support for which the parent is responsible.
(c) A statement of the debt to a public agency accrued, if public assistance is being paid.
(d) A statement of the amount of arrearages sought, if any.
(e) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.
(f) A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.
(g) A statement that if the parent objects to any part of the notice and finding of financial responsibility, the parent must send to the office that issued the notice a written response within 20 days after the date of receipt of service that sets forth any objections and requests a hearing.
(h) A statement that if a response is received within the specified period, the parent is entitled to a hearing and that if a written response is not received within the specified period, the [hearing officer] master may enter [an order] a recommendation for support of a dependent child in accordance with the notice and finding of financial responsibility.
(i) A statement that as soon as the [order] recommendation is entered and approved by the court, the property of the parent is subject to an action for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.
(j) A reference to NRS 425.382 to 425.3852, inclusive.
(k) A statement that the parent is responsible for notifying the office of any change of address or employment.
(l) A statement that if the parent has any questions, the parent should telephone or visit the office or consult an attorney.
(m) such other information as the chief finds appropriate.
2. The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with NRS 125B.070.
κ1991 Statutes of Nevada, Page 1033 (CHAPTER 393, SB 75)κ
3. After a conference pursuant to paragraph (f) of subsection 1, if an agreement is not reached on the monthly support to be paid or the coverage to be provided, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail at his last known address or to the last known address of his attorney.
Sec. 10. NRS 425.3826 is hereby amended to read as follows:
425.3826 If the paternity of the dependent child has not been legally established and a notice and finding of financial responsibility is to be served on the alleged parent, the notice must include:
1. The information required by NRS 425.3824.
2. An allegation that the person is the parent of the dependent child.
3. The name of the other parent of the child.
4. The date of birth of the child.
5. The probable period during which conception took place.
6. A statement that if the alleged parent does not send to the office issuing the notice and finding of financial responsibility a written response that denies paternity and requests a hearing, within the specified period, the [hearing officer,] master, without further notice to the alleged parent, may enter [an order] a recommendation that declares and establishes the person as the legal parent of the child.
Sec. 11. NRS 425.3828 is hereby amended to read as follows:
425.3828 1. If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.
2. If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the [hearing officer] master may enter [an order] a recommendation for support of a dependent child in accordance with the notice and shall include in that [order:] recommendation:
(a) If the paternity of the dependent child is established by the [order,] recommendation, a declaration of that fact.
(b) The amount of monthly support to be paid, including directions concerning the manner of payment.
(c) The debt owed to a public agency, if any.
(d) The amount of arrearages owed.
(e) Whether coverage for health care must be provided for the dependent child.
(f) The name of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.
(g) A statement that the property of the parent is subject to actions for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.
(h) A statement that objections to the [order] recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the [order.] recommendation.
3. The parent must be sent a copy of the [order] recommendation for support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.
κ1991 Statutes of Nevada, Page 1034 (CHAPTER 393, SB 75)κ
address of the parent, or if applicable, the last known address of the attorney for the parent.
4. The [order] recommendation for support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The chief may take action to enforce and collect upon the order [,] of the court approving the recommendation, including arrearages, from the date of the approval of the [order.] recommendation.
5. If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the [hearing officer enters an order] master enters a recommendation for support of a dependent child, the court may grant relief from the [order] recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.
Sec. 12. NRS 425.383 is hereby amended to read as follows:
425.383 1. At any time after the entry of [an order] a recommendation for support of a dependent child by the [hearing officer] master that has been approved by the court, or after entry of an order by a district court pursuant to NRS 425.382 to 425.3852, inclusive, the responsible parent or the person entitled to support may move for the amount of the child support being enforced to be modified.
2. The motion must:
(a) Be in writing.
(b) Set out the reasons for modification.
(c) State the address of the moving party.
(d) Be served by the moving party in the manner prescribed for the service of summons in a civil action upon the responsible parent or the person entitled to support, as appropriate.
3. If the right to support is assigned to the State of Nevada, the moving party shall:
(a) Mail a copy of the motion to the parent or person who has physical custody of the dependent child at the last known address of that person by certified mail; and
(b) Mail or deliver a copy of the motion and the original return of service to the chief.
4. The chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by regular mail.
5. A motion for modification requested pursuant to this section does not prohibit the chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.
6. The only support payments that may be modified are monthly support payments that accrue after notice of the motion is served.
7. The party requesting the modification has the burden of showing a change of circumstances and good cause for modification unless additional reviews are required pursuant to chapter 125B of NRS.
Sec. 13. NRS 425.3832 is hereby amended to read as follows:
425.3832 1. Except as otherwise provided in NRS 425.3838 [:
κ1991 Statutes of Nevada, Page 1035 (CHAPTER 393, SB 75)κ
(a) The provisions of chapter 233B of NRS apply to a hearing held pursuant to NRS 425.3822 to 425.3836, inclusive, and the judicial review of any decision rendered at such a hearing.
(b) Hearings] , hearings must be conducted [by] :
(a) Pursuant to the rules of procedure adopted by the district judges of the judicial district in which the hearings are conducted; and
(b) By a qualified [hearing officer in the division appointed by the administrator.
(c) The state welfare board, upon recommendation of the administrator, shall adopt regulations concerning the qualifications and duties of the hearing officer.] master appointed pursuant to section 5 of this act.
2. Subpenas may be issued by:
(a) The [hearing officer.] master.
(b) The attorney of record for the office.
Obedience to the subpena may be compelled in the same manner as provided in chapter 22 of NRS.
3. A witness appearing pursuant to subpena, other than a party or an officer or employee of the chief, is entitled to receive the fees and payment for mileage prescribed for a witness in a civil action.
Sec. 14. NRS 425.3834 is hereby amended to read as follows:
425.3834 1. Upon issuance [and approval] by a district court of an order approving a recommendation for support of a dependent child, the chief shall enforce and collect upon the order, including arrearages.
2. [An order] A recommendation for support of a dependent child issued by the [hearing officer] master is final upon approval by the district court pursuant to NRS 425.3844. The [order] recommendation is in full force and effect while any judicial review is pending unless the [order] recommendation is stayed by the district court.
3. The district court may review [an order] a recommendation for support of a dependent child issued by a [hearing officer] master pursuant to the [provisions of NRS 233B.130 to 233B.150, inclusive.] rules adopted therefor by the district judges of the judicial district in which the court is located.
Sec. 15. NRS 425.3836 is hereby amended to read as follows:
425.3836 1. After issuance of an order for support of a dependent child by a court, the chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent at the last known address of the parent by certified mail, return receipt requested.
2. The notice must include:
(a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.
(b) The amount of monthly support the responsible parent is required to pay by the order for support.
(c) A statement of the arrearages owed pursuant to the order for support.
(d) A statement of the debt to a public agency accrued, if any.
(e) A demand that the parent make full payment to the office of the district attorney or the clerk of the court, whichever is appropriate, within 14 days after the receipt or service of the notice.
κ1991 Statutes of Nevada, Page 1036 (CHAPTER 393, SB 75)κ
(f) A statement that the parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.
(g) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g) of subsection 1 of NRS 425.3824, the chief is entitled to enforce the order and that the property of the responsible parent is subject to actions for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.
(h) A reference to NRS 425.382 to 425.3852, inclusive.
(i) A statement that the parent is responsible for notifying the office of any change of address or employment.
(j) A statement that if the parent has any questions, the parent should telephone or visit the appropriate office or consult an attorney.
(k) Such other information as the chief finds appropriate.
3. If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the [hearing officer] master may enter [an order] a recommendation for support of a dependent child in accordance with the notice and shall include in that [order:] recommendation:
(a) The amount of monthly support to be enforced, including directions concerning the manner of payment.
(b) The debt owed to a public agency, if any, and the manner of payment.
(c) The amount of arrearages owed and the manner of payment.
(d) Whether coverage for health care must be provided for the dependent child.
(e) A statement that the property of the parent is subject to actions for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.
4. After the district court approves the [order] recommendation for support of a dependent child, the [order] recommendation is final. The chief may take action to enforce and collect upon the order [,] of the court approving the recommendation, including arrearages, from the date of the approval of the [order.
5. Nothing in this section prevents] recommendation.
5. This section does not prevent the chief from using other available remedies for enforcement of an obligation for support of a dependent child at any time.
6. The [hearing officer] master may hold a hearing to enforce [an order] a recommendation for support of a dependent child after [an order] the recommendation has been entered and approved by the district court. The [hearing officer] master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding a recommendation is effective upon review and approval of the district court.
Sec. 16. NRS 425.3838 is hereby amended to read as follows:
425.3838 1. The [hearing officer] master may enter [an order] a recommendation establishing the paternity of a child during a proceeding concerning the support of a dependent child pursuant to NRS 425.382 to 425.3852, inclusive, if both parents sign affidavits or other sworn statements that paternity has not been legally established and that the male parent is the father of the child.
κ1991 Statutes of Nevada, Page 1037 (CHAPTER 393, SB 75)κ
inclusive, if both parents sign affidavits or other sworn statements that paternity has not been legally established and that the male parent is the father of the child.
2. If there is only one alleged father and he does not file a response that denies paternity and requests a hearing within the period allowed in paragraph (g) of subsection 1 of NRS 425.3824, the [hearing officer,] master, without further notice to the alleged father, may enter [an order] a recommendation in accordance with NRS 425.3828 that declares and establishes the alleged father as the legal father of the child.
3. Any [order] recommendation entered pursuant to subsection 1 or 2 and approved by the district court establishes legal paternity of the dependent child for all purposes.
Sec. 17. NRS 425.384 is hereby amended to read as follows:
425.384 1. The [hearing officer] master shall order blood tests or tests for genetic identification of the child, mother and alleged father if:
(a) Paternity is alleged pursuant to NRS 425.3826 and a written response denying paternity and requesting a hearing is received by the chief within the period allowed in paragraph (g) of subsection 1 of NRS 425.3824; or
(b) He determines that there is a valid issue concerning the paternity of the child.
2. If settlement is not made after the blood tests or tests for genetic identification, the [hearing officer] master shall certify the matter to the district court for a determination based upon:
(a) The contents of the file concerning the dependent child; and
(b) Any evidence produced at trial.
3. Unless otherwise specifically provided by statute, the proceedings must be conducted pursuant to the Nevada Rules of Civil Procedure.
Sec. 18. NRS 425.3842 is hereby amended to read as follows:
425.3842 1. When:
(a) A response denying paternity and requesting a hearing is received pursuant to NRS 425.3828; or
(b) Paternity is a valid issue as determined by the [hearing officer,] master,
certification to the district court must be to the court in the judicial district where the parent or dependent child resides.
2. The certification must include:
(a) The notice and finding of financial responsibility;
(b) The return of service;
(c) The denial of paternity;
(d) The request for hearing;
(e) The results of any blood test for genetic identification ordered by the [hearing officer;] master; and
(f) Any other relevant papers.
3. The district court shall:
(a) Proceed in accordance with the provisions of chapter 126 of NRS that do not conflict with this section.
(b) Consider the formula provided for in NRS 125B.070 to establish the monthly support and the amount of debt to the state, if any, accrued and accruing.
κ1991 Statutes of Nevada, Page 1038 (CHAPTER 393, SB 75)κ
Sec. 19. NRS 425.3844 is hereby amended to read as follows:
425.3844 1. The [order] recommendation for support of a dependent child issued by the [hearing officer, including an order] master, including a recommendation establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.
2. Within 10 days after receipt of the [order,] recommendation, either party may file with the district court and serve upon the other party written objections to the [order.] recommendation. The district court shall:
(a) If no objection is filed, accept the [order] recommendation for support of a dependent child, including [an order] a recommendation establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or
(b) If an objection is filed within the 10-day period, review the matter pursuant to [the provisions of NRS 233B.130 to 233B.150, inclusive,] NRS 425.3834 upon receipt of a notice and motion.
3. If a recommendation for support of a dependent child issued by the master, including a recommendation establishing paternity, modifies a previous order for support issued by any district court in this state, that district court must review the recommendation and approve or reject the recommendation issued by the master.
4. Upon approval by the district court of [an order] a recommendation for support of a dependent child, including [an order] a recommendation establishing paternity, a copy of the [order] recommendation entered by the [hearing officer] master pursuant to the provisions of NRS 425.382 to 425.3852, inclusive, with the approval of the court endorsed thereon, must be filed [in] :
(a) In the office of the clerk of the district court [.
4.] ;
(b) If the order of the district court approving the recommendation of the master modifies a previous order issued by any district court in this state, with the original order in the office of the clerk of that district court; and
(c) With any district court that conducts a proceeding related thereto pursuant to the provisions of chapter 130 of NRS.
5. Upon filing, the [order] recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.
Sec. 20. NRS 425.3846 is hereby amended to read as follows:
425.3846 In addition to any other remedy provided by law for the enforcement of support, if [an order] a recommendation for support of a dependent child has been entered by the [hearing officer,] master, approved by the district court and filed, the chief may proceed in accordance with the provisions of chapter 31A of NRS.
Sec. 21. NRS 425.385 is hereby amended to read as follows:
425.385 The [hearing officer] master may certify a proceeding to establish an order for support of a dependent child or arrearages to the district court if the issues are complex or beyond the competence of the [hearing officer. The hearing officer] master. The master shall enter a temporary recommendation for support [order] in such cases. The temporary support must be paid to the district court and held until final resolution of the case.
κ1991 Statutes of Nevada, Page 1039 (CHAPTER 393, SB 75)κ
Sec. 22. At any time before July 1, 1993, the district judges of the eighth judicial district may adopt and carry out a program for the enforcement of child support as set forth in NRS 425.382 to 425.3852, inclusive, as amended by this act, and sections 4, 5 and 6 of this act. If such a program is adopted, it is subject to all requirements set forth in those sections and any order issued pursuant thereto may be enforced in the same manner as other orders issued pursuant to those sections.
Sec. 23. The amendatory provisions of sections 3 to 21, inclusive, of this act expire by limitation on July 1, 1993.
Sec. 24. 1. This section and sections 1 to 6, inclusive, 22 and 23 of this act become effective on July 1, 1991.
2. Sections 7 to 21, inclusive, of this act become effective at 12:01 a.m. on July 1, 1991.
________
Senate Bill No. 127Senator Raggio
CHAPTER 394
AN ACT relating to leaseholds; providing for the termination of a leasehold upon the abandonment of real property or a mobile home by a tenant; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in NRS 118.175 and sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Real property includes an apartment, a dwelling, a mobile home that is owned by a landlord and located on property owned by the landlord and commercial premises.
2. Rental agreement means an agreement to lease or sublease real property for a term less than life which provides for the periodic payment of rent.
3. Tenant means a person who has the right to possess real property pursuant to a rental agreement.
Sec. 3. If a tenant of real property abandons the property before the expiration of the rental agreement pursuant to its terms, the rental agreement terminates when:
1. The tenant provides his landlord with notice of his intention to abandon the property, and the landlord accepts the surrender of the property;
2. His landlord rents the property to another tenant;
3. The property is deemed to be abandoned pursuant to section 4 of this act;
κ1991 Statutes of Nevada, Page 1040 (CHAPTER 394, SB 127)κ
4. The rental agreement is terminated by court order or pursuant to the provisions of chapter 118A of NRS; or
5. The rental agreement expires pursuant to its terms,
whichever occurs first.
Sec. 4. 1. If a landlord of real property reasonably believes that his tenant has abandoned the property, and the tenant is in default in the payment of rent, the landlord may serve the tenant with a written notice of his belief that the property has been abandoned. If the tenant fails, within 5 days after service of the notice by the landlord, to:
(a) Pay the rent due; and
(b) Provide the landlord with a written notice:
(1) Stating his intention not to abandon the property; and
(2) Setting forth an address at which the tenant may be served with legal process,
the property shall be deemed abandoned by the tenant and the rental agreement shall be deemed terminated. The property shall not be deemed abandoned if the tenant pays the rent due and provides the written notice within the prescribed time.
2. Real property shall not be deemed abandoned pursuant to this section if the tenant proves that at the time the landlord served notice:
(a) The tenant was not in default in the payment of rent; or
(b) It was not reasonable for the landlord to believe that the tenant had abandoned the real property. The fact that the landlord knew that the tenant left personal property on the real property does not, of itself, justify a finding that the landlord did not reasonably believe that the tenant had abandoned the real property.
3. The provisions of this section do not preclude a landlord or tenant from otherwise proving that real property has been abandoned.
Sec. 5. A notice provided by a landlord to a tenant pursuant to section 4 of this act:
1. Must advise the tenant of the provisions of that section and specify:
(a) The address or other location of the property;
(b) The date upon which the property will be deemed abandoned and the rental agreement terminated; and
(c) An address for payment of the rent due and delivery of notice to the landlord.
2. Must be served pursuant to subsection 1 of NRS 40.280.
3. May be included in the notice required by subsection 1 of NRS 40.253.
Sec. 6. NRS 118.175 is hereby amended to read as follows:
118.175 If a tenant of real property [or a mobile home for a term less than life abandons such] abandons the property, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the property for a term beginning before the expiration of the rental agreement [, the agreement terminates as of the date of the new tenancy, but] pursuant to its terms or if, despite his reasonable efforts, the landlord is unable to rent the property before the rental agreement is otherwise terminated, the former tenant is liable for any actual damages of the landlord which may result from the abandonment. If the landlord fails to make reasonable efforts to rent the property at a fair rental [or if the landlord accepts the abandonment as a surrender of the tenants interest in the property, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment.]
κ1991 Statutes of Nevada, Page 1041 (CHAPTER 394, SB 127)κ
surrender of the tenants interest in the property, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment.] , the former tenant is liable for any actual damages of the landlord occurring before the landlord had reason to believe that the property was abandoned. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
________
Senate Bill No. 173Committee on Natural Resources
CHAPTER 395
AN ACT relating to water; authorizing the imposition of a civil penalty for a willful violation of certain regulations governing the construction, operation and maintenance of public water systems; authorizing the state board of health to impose an administrative fine against a supplier of water who willfully violates certain provisions and regulations governing public water systems; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.397 is hereby amended to read as follows:
445.397 1. Any supplier of water who willfully:
(a) Violates any standard established pursuant to NRS 445.379;
(b) Violates or fails to comply with an emergency order issued pursuant to NRS 445.389;
(c) Violates any condition imposed by the state board of health upon granting a variance or exemption under NRS 445.391; [or]
(d) Violates a regulation adopted by the state board of health pursuant to NRS 445.381; or
(e) Fails to give a notice as required by NRS 445.393,
shall pay a civil penalty of not more than $5,000 for each day of [such] the violation.
2. In addition to the civil penalty prescribed in subsection 1, the state board of health may impose an administrative fine against a supplier of water who willfully commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $2,500 per day for each such violation.
3. The civil [penalties] penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445.361 to 445.399, inclusive, sections 3 to 7, inclusive, of [this act,] Senate Bill No. 171 of this session and sections 2 to 9, inclusive, of Senate Bill No. 172 of this session.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1042κ
Senate Bill No. 178Senators Raggio and Townsend
CHAPTER 396
AN ACT relating to insurance; requiring billing and claim forms submitted to insurers to contain or be accompanied by a notice that the submission of false statements and misrepresentations on such forms is punishable under law; clarifying the penalty for filing a false claim for insurance benefits; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, any claim form to be presented to any insurer for payment, reimbursement or other benefit must contain or be accompanied by a statement in substantially the following form:
Pursuant to NRS 686A.291, any person who knowingly and willfully files a statement of claim that contains any false, incomplete or misleading information concerning a material fact is guilty of a felony.
2. If a hospital submits to an insurer the form commonly referred to as the UB-82, the form must contain or be accompanied by a statement in substantially the following form:
Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.
3. If a person who is licensed to practice one of the health professions regulated by Title 54 of NRS submits to an insurer the form commonly referred to as the HCFA-1500 for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must be accompanied by a statement in substantially the following form:
Any person who knowingly files a statement of claim containing any misrepresentation or any false, incomplete or misleading information may be guilty of a criminal act punishable under state or federal law, or both, and may be subject to civil penalties.
4. The failure to provide any of the statements required by this section is not a defense in a prosecution for a violation of NRS 686A.291.
Sec. 2. NRS 686A.291 is hereby amended to read as follows:
686A.291 Any person who knowingly and willfully:
1. Presents or causes to be presented to any insurer, any false, incomplete or misleading information concerning a material fact whether written or oral, as a part of or in support of any claim for payment, reimbursement or other benefit;
2. Assists, abets or conspires with another person to prepare, present or cause to be presented any false, incomplete or misleading information concerning a material fact, whether written or oral, as a part of, or in support of any claim for payment, reimbursement or other benefit; or
3. Conceals or fails to disclose any event affecting any persons initial or continued right to any benefit or payment to which the person is entitled, is guilty of a felony and 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.
κ1991 Statutes of Nevada, Page 1043 (CHAPTER 396, SB 178)κ
is guilty of a felony and 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.
________
Senate Bill No. 417Senators Glomb, Vergiels, Horn, Cook, Titus and Nevin
CHAPTER 397
AN ACT relating to taxation; increasing the real property transfer tax; requiring the proceeds collected from the increase to be deposited in the trust fund for low-income housing; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375.020 is hereby amended to read as follows:
375.020 1. A tax, at the rate of [55] 60 cents for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest or property at the time of sale, exceeds $100.
2. The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.
Sec. 2. NRS 375.070 is hereby amended to read as follows:
375.070 1. The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter [to] in the following manner:
(a) An amount equal to that portion of the proceeds which is equivalent to 5 cents for each $500 of value or fraction thereof must be transmitted to the state treasurer who shall deposit that amount in the trust fund for low-income housing created pursuant to NRS 319.500.
(b) The remaining proceeds must be transmitted to the county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:
[(a)] (1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
[(b)] (2) If there are two or more cities in the county, among the cities in proportion to their respective populations.
2. If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.
κ1991 Statutes of Nevada, Page 1044 (CHAPTER 397, SB 417)κ
Sec. 3. This act becomes effective on July 1, 1991.
________
Senate Bill No. 601Committee on Government Affairs
CHAPTER 398
AN ACT relating to cities; delaying the prospective expiration of certain provisions allowing the creation of a taxing district for additional police protection or for the maintenance of improvements; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 17 of chapter 745, Statutes of Nevada 1989, at page 1749, is hereby amended to read as follows:
Sec. 17. The provisions of this act expire by limitation on July 1, [1991.] 1993.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 618Committee on Government Affairs
CHAPTER 399
AN ACT relating to legislators retirement; repealing provisions that prohibit the payment of benefits under the legislative retirement system to persons who are employed by certain public employers; and providing other matters properly relating thereto.
[Approved June 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.2393 is hereby amended to read as follows:
218.2393 1. A person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, who is elected or appointed to the legislature may not receive a retirement allowance during the period of time in which he serves as a legislator. Upon reentry into retirement he may receive a retirement allowance based upon his previous service and his added service.
2. If a retired legislator is chosen by election or appointment to fill another elective office, he is entitled to the same allowances as a retired legislator who has no employment.
[3. Except as otherwise provided in subsection 5 or 6, the consequences of the employment of a person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, in any other capacity than as a legislator are:
κ1991 Statutes of Nevada, Page 1045 (CHAPTER 399, SB 618)κ
(a) A retired legislator who accepts employment or an independent contract with a public employer under the public employees retirement system is disqualified from receiving any allowances under the legislators retirement system for the duration of that employment or contract if:
(1) He accepted the employment or contract within 90 calendars days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in the public employees retirement system.
(b) If a retired legislator accepts employment or an independent contract with a public employer under the public employees retirement system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in the public employees retirement system his allowance under the legislators retirement system terminates immediately upon his earning more than $6,000 in any fiscal year, for the duration of that employment or contract.
(c) if a retired legislator accepts employment with an employer that is not a public employer under the public employees retirement system, he is entitled to the same allowances as a retired legislator who has no employment.
4. The retired legislator and the public employer shall notify the board:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a);
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and
(c) Within 10 days after a retired legislator earns more than $6,000 from an employment or contract governed by paragraph (b),
of subsection 3.
5. The board may waive for one period of 30 days or less a retired legislators disqualification under this section if the public employer certifies in writing, in advance, that the retired legislator is recalled to meet an emergency and that no other qualified person is immediately available.
6. A person who is employed by either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 3 and 4 during the course of the legislative session from which he is employed.]
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1046κ
Assembly Bill No. 772Committee on Legislative Functions and Elections
CHAPTER 400
AN ACT relating to congressional districts; redistricting the congressional districts of the Nevada congressional delegation; requiring the director of the legislative counsel bureau to file copies of maps of the congressional districts with the secretary of state; providing that copies of the maps be made available to any interested person; and providing other matters properly relating thereto.
[Approved June 20, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 304 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The director of the legislative counsel bureau shall:
1. Retain in an office of the legislative counsel bureau, copies of maps of the congressional districts described in NRS 304.060.
2. Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.
3. File a copy of the maps with the secretary of state.
Sec. 3. The secretary of state shall:
1. Provide to the clerk of each county and the clerk of Carson City, copies of the maps filed pursuant to subsection 3 of section 1 of this act.
2. Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.
Sec. 4. NRS 304.060 is hereby amended to read as follows:
304.060 The following congressional districts are hereby created:
1. Congressional district 1 consisting of all of Clark County except [:
(a) Assembly districts 1, 17 and 20;
(b) In census tract 31, that part in assembly district 2;
(c) In census tract 32, that part in assembly district 13.] those census voting districts in Clark County listed in paragraph (b) of subsection 2.
2. Congressional district 2 consisting of:
(a) All counties in the state except Clark County; and
(b) In Clark County [:
(1) Assembly districts 1, 17 and 20;
(2) In census tract 31, that part in assembly district 2;
(3) In census tract 32, that part in assembly district 13.] , census voting districts 0005, 0045, 0075, 0090, 0125, 0170, 0195, 0285, 0320, 0395, 0410, 0415, 0445, 0595, 0615, 0625, 0655, 0670, 0705, 0715, 0745, 0805, 0860, 0870, 0875, 0900, 0930, 0950, 0980, 0985, 0990, 1020, 1050, 1055, 1060, 1065, 1095, 1185, 1195, 1615, 1620, 1625, 1630, 1635, 1640, 1645, 1650, 1655, 1660, 1665, 1675, 1680, 1685, 1690, 1695, 1750, 1925, 1940, 1955, 2075, 2090, 2335, 2340, 2345, 2350, 2360, 2365, 2370, 2380, 2385, 2390, 2430, 2435, 2440, 2445, 2450, 2455, 2460, 2475, 2485, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 2535, 2540, 2545, 2555, 2565, 2745, 2950, 2960, 2965, 2975, 2980, 2990, 3175, 3180, 3185, 3190, 3210 and 3255.
κ1991 Statutes of Nevada, Page 1047 (CHAPTER 400, AB 772)κ
2950, 2960, 2965, 2975, 2980, 2990, 3175, 3180, 3185, 3190, 3210 and 3255.
3. As used in this section, census voting district means the voting district:
(a) Based on the geographic and population data bases compiled by the Bureau of the Census of the United States Department of Commerce as validated and incorporated into the geographic information system by the legislative counsel bureau for use by the Nevada legislature; and
(b) Designated in the maps filed with the office of the secretary of state pursuant to subsection 3 of section 2 of this act.
Sec. 5. This act becomes effective on January 1, 1992, for the purposes of nominating and electing representatives in the Congress of the United States. For all other purposes, this act becomes effective on January 4, 1993.
________
Senate Bill No. 614Committee on Finance
CHAPTER 401
AN ACT making a supplemental appropriation to the welfare division of the department of human resources for expenses relating to the program to provide assistance to aged and blind persons; and providing other matters properly relating thereto.
[Approved June 20, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $210,000 for additional cash assistance payments in the aged and blind program. This appropriation is supplemental to that made by section 30 of chapter 611, Statutes of Nevada 1989, at page 1352.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1048κ
Assembly Bill No. 495Committee on Ways and Means
CHAPTER 402
AN ACT relating to assistance to the medically indigent; broadening the offenses punishable by civil or criminal action related to such assistance; extending the duties of the attorney general to criminal actions of this kind, creating the Medicaid fraud control unit within the office of the attorney general; providing penalties; making appropriations; authorizing certain expenditures; and providing other matters properly relating thereto.
[Approved June 20, 1991]
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 the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Benefit means a benefit authorized by the plan.
Sec. 4. Claim means a communication, whether oral, written, electronic or magnetic, which is used to identify specific goods, items or services as reimbursable pursuant to the plan, or which states income or expense and is or may be used to determine a rate of payment pursuant to the plan.
Sec. 5. Plan means the state plan for assistance to the medically indigent established pursuant to NRS 422.234.
Sec. 6. Provider means a person who has applied to participate or who participates in the plan as the provider of goods or services.
Sec. 7. Recipient means a natural person who receives benefits pursuant to the plan.
Sec. 8. Records means medical, professional or business records relating to the treatment or care of a recipient, or to a good or a service provided to a recipient, or to rates paid for such a good or a service, and records required to be kept by the plan.
Sec. 9. Sign means to affix a signature directly or indirectly by means of handwriting, typewriter, stamp, computer impulse or other means.
Sec. 10. For the purposes of sections 11 and 12 of this act:
1. A person shall be deemed to have known that a claim, statement or representation was false if he knew, or by virtue of his position, authority or responsibility had reason to know, of the falsity of the claim, statement or representation.
2. A person shall be deemed to have made or caused to be made a claim, statement or representation if he:
(a) Had the authority or responsibility to:
(1) Make the claim, statement or representation;
(2) Supervise another who made the claim, statement or representation; or
(3) Authorize the making of the claim, statement or representation, whether by operation of law, business or professional practice, or office procedure; and
κ1991 Statutes of Nevada, Page 1049 (CHAPTER 402, AB 495)κ
(b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the false statement was made.
Sec. 11. A person commits an offense and shall be punished as provided in NRS 205.380 if with respect to the plan he:
1. Makes a claim or causes it to be made, knowing the claim to be false, in whole or in part, by commission or omission;
2. Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific goods or services, knowing the statement or representation to be false, in whole or in part, by commission or omission;
3. Makes or causes to be made a statement or representation for use by another in obtaining goods or services pursuant to the plan, knowing the statement or representation to be false, in whole or in part, by commission or omission; or
4. Makes or causes to be made a statement or representation for use in qualifying as a provider, knowing the statement or representation to be false, in whole or in part, by commission or omission.
Sec. 12. 1. Each application to participate as a provider, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for goods or services provided to a recipient must contain a statement that all matters stated therein are true and accurate, signed by a natural person who is the provider or is authorized to act for the provider, under the pains and penalties of perjury.
2. A person is guilty of perjury and shall be punished as provided in NRS 199.120 if he signs or submits, or causes to be signed or submitted, such a statement, knowing that the application, report or invoice contains information which is false, in whole or in part, by commission or by omission.
3. For the purposes of this section, a person who signs on behalf of a provider is presumed to have the authorization of the provider and to be acting at his direction.
Sec. 13. 1. Except as otherwise provided in subsection 2, a person shall not:
(a) While acting on behalf of a provider, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the plan, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;
(b) Sell or lease to or for the use of a provider goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the plan, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or
(c) Refer a person to a provider for goods or services for which payment may be made, in whole or in part, pursuant to the plan, and solicit or accept anything of value in connection with the referral.
2. Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:
(a) A refund or discount made in the ordinary course of business;
(b) Reflected by the books and records of the person transferring or receiving it; and
κ1991 Statutes of Nevada, Page 1050 (CHAPTER 402, AB 495)κ
(c) Reflected in the billings submitted to the plan.
3. A person shall not, while acting on behalf of a provider providing goods or services to a recipient pursuant to the plan, charge, solicit, accept or receive anything of additional value in addition to the amount legally payable pursuant to the plan in connection with the provision of the goods or services.
4. A person who violates this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:
(a) Is less than $250, is guilty of a gross misdemeanor.
(b) Is $250 or more, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 14. 1. A person is guilty of a gross misdemeanor if, upon submitting a claim for or upon receiving payment for goods or services pursuant to the plan, he intentionally fails to maintain such records as are necessary to disclose fully the nature of the goods or services for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received.
2. A person who intentionally destroys such records within 5 years after the date payment was received 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 a fine and imprisonment.
Sec. 15. 1. A provider who receives payment to which he is not entitled by reason of a violation of section 11, 12, 13 or 14 of this act is liable for:
(a) An amount equal to three times the amount unlawfully obtained;
(b) Not less than $5,000 for each act of deception;
(c) An amount equal to three times the total of the reasonable expenses incurred by the state in enforcing this section; and
(d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made pursuant to the plan.
2. A criminal action need not be brought against the provider before civil liability attaches under this section.
3. A provider who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the provider returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.
4. The attorney general shall cause appropriate legal action to be taken on behalf of the state to enforce the provisions of this section.
5. Any penalty or repayment of money collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the welfare division.
Sec. 16. 1. The administrator shall:
(a) Promptly comply with a request from the unit for access to and free copies of any records or other information in the possession of the welfare division regarding a provider;
κ1991 Statutes of Nevada, Page 1051 (CHAPTER 402, AB 495)κ
(b) Refer to the unit all cases in which he suspects that a provider has committed an offense under section 11, 12, 13 or 14 of this act; and
(c) Suspend or exclude a provider who he determines has committed an offense under section 11, 12, 13 or 14 of this act from participation as a provider or an employee of a provider, for a minimum of 3 years. A criminal action need not be brought against the provider before suspension or exclusion pursuant to this subsection.
2. As used in this section:
(a) Provider means a person who has applied to participate or who participates in the state plan for assistance to the medically indigent as the provider of goods or services.
(b) Unit means the Medicaid fraud control unit established in the office of the attorney general pursuant to section 24 of this act.
Sec. 17. NRS 422.060 is hereby amended to read as follows:
422.060 The administrator and the welfare division shall administer the provisions of [this chapter,] NRS 422.070 to 422.410, inclusive, and section 16 of this act, subject to administrative supervision by the director.
Sec. 18. NRS 422.230 is hereby amended to read as follows:
422.230 The administrator [shall have] has the following powers and duties:
1. To supply the director with material on which to base proposed legislation.
2. To cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.
3. To coordinate the activities of the welfare division with other agencies, both public and private, with related or similar activities.
4. To keep a complete and accurate record of all proceedings, record and file all bonds or contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the welfare division, and to give other information which will acquaint the public with welfare problems.
6. To conduct studies into the causes of the social problems with which the welfare division is concerned.
7. To provide leadership in the community in order that all welfare activities [shall be] are pointed toward the single goal of improving the public welfare.
8. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of [this chapter.] NRS 422.070 to 422.410, inclusive, and section 16 of this act.
9. To exercise any other powers necessary and proper for the standardization of state work, to expedite business, to [assure] ensure fair consideration of applications for aid, and to promote the efficiency of the service.
Sec. 19. NRS 422.240 is hereby amended to read as follows:
422.240 1. [Funds] Money to carry out the provisions of [this chapter shall] NRS 422.070 to 422.410, inclusive, and section 16 of this act, must be provided by appropriation by the legislature from the state general fund.
2. Disbursements for the purposes of [this chapter shall] NRS 422.070 to 422.410, inclusive, and section 16 of this act, must be made upon claims duly filed, audited and allowed in the same manner as other [moneys] money in the state treasury [are] is disbursed.
κ1991 Statutes of Nevada, Page 1052 (CHAPTER 402, AB 495)κ
filed, audited and allowed in the same manner as other [moneys] money in the state treasury [are] is disbursed.
Sec. 20. NRS 422.270 is hereby amended to read as follows:
422.270 The department through the welfare division shall:
1. Administer all public welfare programs of this state, including:
(a) State supplementary assistance provided in connection with the supplemental security income program;
(b) Aid to dependent children;
(c) Child welfare services;
(d) Services to the aged, blind or disabled;
(e) Assistance to the medically indigent; and
(f) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the welfare division in carrying out the provisions of [this chapter.] NRS 422.070 to 422.410, inclusive, and section 16 of this act.
4. Make regulations, subject to the approval of the board, for the administration of [this chapter] NRS 422.070 to 422.410, inclusive, and section 16 of this act, which are binding upon all recipients and local units.
5. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
6. Make all investigations required by a court in adoption proceedings as provided by law.
7. Establish reasonable minimum standards and regulations for foster homes, and shall license foster homes as provided by law.
8. Provide services and care to children as provided by law.
9. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.
10. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
Sec. 21. NRS 422.290 is hereby amended to read as follows:
422.290 1. For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of public assistance or child welfare services to purposes directly connected to the administration of this chapter , [by the welfare division] and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the welfare division [is authorized, empowered and directed to] shall establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, files and communications filed with the welfare division.
κ1991 Statutes of Nevada, Page 1053 (CHAPTER 402, AB 495)κ
reasonable rules and regulations governing the custody, use and preservation of the records, files and communications filed with the welfare division.
2. Wherever, under provisions of law or regulations of the welfare division, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government [shall be] is bound by the rules and regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of [the welfare division.] this chapter.
3. Except for purposes directly connected with the administration of this chapter, no person may publish, disclose [,] or use , or permit or cause to be published, disclosed [,] or used , any confidential information pertaining to a recipient of assistance under the provisions of this chapter.
Sec. 22. NRS 422.2993 is hereby amended to read as follows:
422.2993 1. Except as otherwise provided in sections 16 and 24 of this act and subsection [2,] 2 of this section, any information obtained by the welfare division in an investigation of a provider of services under the plan for assistance to the medically indigent is confidential.
2. The information presented as evidence at a hearing [to] :
(a) To enforce the provisions of sections 2 to 15, inclusive, of this act; or
(b) To review an action by the welfare division against a provider of services under the plan for assistance to the medically indigent ,
is not confidential, except for the identity of any recipient of the assistance.
Sec. 23. NRS 422.410 is hereby amended to read as follows:
422.410 1. [Every] Unless a different penalty is provided pursuant to sections 2 to 15, inclusive, of this act, every person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.
2. For the purposes of subsection 1, whenever a recipient of aid to dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.
3. For the purposes of subsection 1, public assistance includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.
Sec. 24. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The attorney general has primary jurisdiction to investigate and prosecute violations of sections 11 to 14, inclusive, of this act and any fraud in the administration of the plan or in the provision of medical assistance.
κ1991 Statutes of Nevada, Page 1054 (CHAPTER 402, AB 495)κ
administration of the plan or in the provision of medical assistance. The provisions of this section notwithstanding, the welfare division of the department of human resources shall enforce the plan and any administrative regulations adopted pursuant thereto.
2. For this purpose, he shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator.
3. The attorney general, acting through the unit established pursuant to subsection 2:
(a) Is the single state agency responsible for the investigation and prosecution of violations of sections 11 to 14, inclusive, of this act;
(b) Shall review reports of abuse or neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;
(c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities which receive payments under the plan and, when appropriate, prosecute the persons responsible;
(d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and
(e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out this section.
4. When acting pursuant to NRS 228.175 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.
5. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Plan means the state plan for the medically indigent established pursuant to NRS 422.234.
Sec. 25. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the division for review of health resources and costs;
(3) The administrator of the health division;
(4) The administrator of the rehabilitation division;
(5) The state welfare administrator; and
(6) The administrator of the youth services division.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, [422] 423 to 427A, inclusive, 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 422.070 to 422.410, inclusive, and section 16 of this act, and NRS 444.003 to 444.430, inclusive, and 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
κ1991 Statutes of Nevada, Page 1055 (CHAPTER 402, AB 495)κ
not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 26. NRS 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient; [or]
(b) An investigator for the attorney general or a grand jury investigating an alleged violation of sections 11 to 14, inclusive, of this act; or
(c) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and [(b)] (c) of this subsection who requests it and pays the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes.
κ1991 Statutes of Nevada, Page 1056 (CHAPTER 402, AB 495)κ
a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes.
2. Records made available to a representative or investigator [of such a board] must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
This subsection does not prohibit [that] a state licensing board from providing to a provider of health care against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care and his attorney shall keep the information confidential.
3. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 27. NRS 422.400 is hereby repealed.
Sec. 28. 1. There is hereby appropriated from the state general fund to the welfare division of the state department of human resources for use by the attorney general for salary and operational expenses related to the Medicaid fraud control unit as matching money for a related grant made pursuant to Title XIX of the Social Security Act:
For the fiscal year 1991-92......................................................... $24,467
For the fiscal year 1992-93......................................................... $21,565
2. The following sums are authorized for expenditure by the welfare division of the state department of human resources for use by the attorney general for salary and operational expenses related to the Medicaid fraud control unit:
For the fiscal year 1991-92........................................................................ $220,198
For the fiscal year 1992-93........................................................................ $194,085
3. Any balance of the sums appropriated or expenditures authorized by subsection 1 or 2 of this section remaining at the end of the respective fiscal years must not be committed for expenditure after June 30. any balance of the sums so appropriated reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 29. Section 25 of this act becomes effective at 12:01 a.m. on October 1, 1991.
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