[Rev. 2/12/2019 1:38:38 PM]
κ1991 Statutes of Nevada, Page 1319 (CHAPTER 442, AB 655)κ
(b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.
(c) Unless a method of disposition is adopted for the purpose of evading this chapter or would have the effect of evading this chapter, the term subdivision does not apply to:
(1) Any division of land which is ordered by any court in this state or created by operation of law;
(2) A lien, mortgage, deed of trust or any other security instrument;
(3) A security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;
(4) Cemetery lots; or
(5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.
2. A common-interest community consisting of five or more units shall be deemed to be a subdivision of land within the meaning of this section, but need only comply with NRS 278.326 to 278.460, inclusive, 278.473 to 278.477, inclusive, 278.480 and 278.490.
3. The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:
(a) The land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82 of NRS which is an immediate successor in title to a railroad company, and the land was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on the land.
[3.] 4. This chapter does not apply to the division of land for agricultural purposes into parcels of more than 10 acres, if a street, road, or highway opening or widening or easement of any kind is not involved.
Sec. 362. Corporations existing, or organized and existing, pursuant to NRS 82.010 to 82.690, inclusive, and 86.010 to 86.180, inclusive, as those statutes existed on September 30, 1991, and all predecessor acts, continue to exist and are governed by sections 166 to 273, inclusive, of this act until October 1, 1993, when their existence ceases unless preserved pursuant to this section. At any time before October 1, 1993, any such corporation may file articles with the secretary of state conforming to the requirements of sections 166 to 273, inclusive, of this act, or conforming to the requirements of chapter 84 of NRS, and stating that the corporation elects to be governed by sections 166 to 273, inclusive, of this act or by chapter 84 of NRS. Upon the filing of those articles with the secretary of state, the existence of any such corporation continues and the corporation is thereafter governed by the provisions of chapter 82 of NRS as added by this act or by the provisions of chapters 82 and 84 of NRS as so added, as set forth in the articles which are so filed.
Sec. 363. Sections 132, 332.5, 332.7 and 356 become effective at 12:01 a.m. on October 1, 1991.
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κ1991 Statutes of Nevada, Page 1320κ
Assembly Bill No. 453Committee on Commerce
CHAPTER 443
AN ACT relating to mobile home parks; requiring the managers and assistant managers of certain mobile home parks to complete annually continuing education relating to the management of mobile home parks; requiring the administrator of the manufactured housing division of the department of commerce to approve the courses of instruction and the instructors of those courses; authorizing the administrator to impose fines against landlords of certain mobile home parks who employ managers or assistant managers who have not completed a course of continuing education; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Each manager and assistant manager of a mobile home park which has 25 or more lots shall complete annually 6 hours of continuing education relating to the management of a mobile home park.
2. The administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.
3. The instruction must include, but is not limited to, information relating to:
(a) The provisions of chapter 118B of NRS;
(b) Leases and rental agreements;
(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;
(d) The resolution of complaints and disputes concerning landlords and tenants of mobile home parks; and
(e) The adoption and enforcement of the rules and regulations of a mobile home park.
4. Each course of instruction and the instructor of the course must be approved by the administrator. The administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The administrator may require submission of such reasonable information by an applicant as he deems necessary to determine the suitability of the instructor and the course. The administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the administrator shall designate the number of hours of credit allowable for the course.
Sec. 3. 1. There are hereby created two regions to provide courses of continuing education pursuant to section 2 of this act. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.
κ1991 Statutes of Nevada, Page 1321 (CHAPTER 443, AB 453)κ
2. The person who applied for approval of a course or his designee shall notify the administrator of the date and location each time the course is offered, as soon as practicable after scheduling the course.
3. The administrator shall ensure that a course of continuing education is offered at least every 6 months in each region. If the administrator finds that no approved course will be offered to meet the requirements of this subsection, he shall offer the course and charge a reasonable fee for each person enrolled in the course.
4. If the fees collected by the administrator for the course do not cover the cost of offering the course, the administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of mobile home parks which have 25 lots or more in the region in which the course was held and assess that amount to each landlord of such a mobile home park. The landlord shall pay the assessment within 30 days after it was mailed by the administrator.
Sec. 4. 1. Each instructor of a course shall furnish to each person who completes the course required by section 2 of this act a certificate of completion. The certificate must include:
(a) The name and address of the participant;
(b) The name of the instructor of the course;
(c) The name of the landlord of the mobile home park who employs the participant and the address of the park, if the participant is employed as a manager or assistant manager of a mobile home park on the date of completion of the course;
(d) The number of hours of instruction completed; and
(e) The date the course was completed.
2. Each instructor shall furnish to the administrator the information included in each certificate of completion he issues within 30 days after the course is completed.
Sec. 5. 1. The administrator may impose a fine of not more than $500 against a landlord of a mobile home park who employs a manager or assistant manager who has not completed the course of continuing education required by section 2 of this act.
2. The administrator shall, before imposing the fine, notify the landlord of the mobile home park by certified mail that he will impose the fine unless the landlord, within 30 days after the notice is mailed, shows cause why the fine should not be imposed.
3. If the administrator imposes the fine, he shall notify the landlord of the mobile home park by certified mail.
4. The imposition of a fine pursuant to this section is a final decision for the purposes of judicial review.
Sec. 6. Each manager and assistant manager of a mobile home park who is required to complete the course described in section 2 of this act must complete the initial course of continuing education required by section 2 of this act not later than October 1, 1993.
Sec. 7. Section 5 of this act becomes effective on October 1, 1993.
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κ1991 Statutes of Nevada, Page 1322κ
Assembly Bill No. 562Assemblymen Johnson and Petrak
CHAPTER 444
AN ACT relating to county clerks; revising certain fees charged by county clerks; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.013 is hereby amended to read as follows:
19.013 1. Each county clerk shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer........................ $47
On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court............................................................................... 35
On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than $1,000 65
Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.
On the filing of a petition to contest any will or codicil, to be paid by the petitioner........................................................................................... 37
On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter....................... 37
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................................................. 37
For filing a notice of appeal................................................................. 20
For issuing a transcript of judgment and certifying thereto........... 2
For preparing any copy of any record, proceeding or paper, for each page............................................................................................................ 1
For each certificate of the clerk, under the seal of the court 2
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate........ [4] 5
κ1991 Statutes of Nevada, Page 1323 (CHAPTER 444, AB 562)κ
[For filing and indexing articles of incorporation............................. $10
For each amendment, acceptance of appointment of a resident agent, list of officers, dissolution or reinstatement.................. 5]
For filing all papers [to be kept by him,] not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity........................................... [10] 15
For issuing any certificate under seal, not otherwise provided for 5
For searching records or files in his office, for each year............... 1
For filing and recording a bond of a notary public, per name [10] 15
For entering the name of a firm or corporation in the register of the county clerk............................................................................................................ 15
2. All fees prescribed in this section are payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 are in full for all services rendered by the county clerk in the case for which the fees are paid, [to and] including the [making up] preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee may be charged any attorney [and counselor] at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 2. NRS 602.050 is hereby amended to read as follows:
602.050 [1.] Every county clerk [must] shall keep, in alphabetical order, in a book or other suitable index provided for that purpose:
[(a)] 1. A register of all the names of [such] the corporations, businesses, or fanciful or fictitious designations, as shown in the certificates.
[(b)] 2. Unless it is a corporation, the name of each person shown to be interested in or a partner in such a business.
[2. Every county clerk shall charge for each corporate or firm name entered a fee of $10, which is full compensation for filing and registration.]
________
κ1991 Statutes of Nevada, Page 1324κ
Assembly Bill No. 591Committee on Commerce
CHAPTER 445
AN ACT relating to manufactured housing; establishing educational requirements for certain persons who are licensed by the manufactured housing division of the department of commerce; providing for the regulation of advance fees and advance fee listings; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, the division shall not:
(a) Allow an applicant for an original license pursuant to this chapter to submit an application for the license until he submits proof satisfactory to the division that he has completed at least 6 hours of initial education as required by section 3 of this act.
(b) Renew or reactivate any license issued pursuant to this chapter until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period preceding the renewal or reactivation of the license, completed at least 12 hours of continuing education as required by section 3 of this act.
2. This section does not apply to manufacturers of manufactured homes, commercial coaches and travel trailers.
Sec. 3. 1. The division shall adopt regulations concerning initial and continuing education requirements. The regulations must include the:
(a) Criteria for determining what qualifies as initial and continuing education;
(b) Criteria for approving educational and training programs;
(c) Requirements for submitting evidence of completion; and
(d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.
2. In adopting regulations pursuant to subsection 1, the division shall:
(a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability of resources, proximity of those resources to the licensees and applicants and the time and expense required to participate.
(b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as initial or continuing education.
(c) Approve training and educational programs and seminars offered by:
(1) Individual sponsors;
(2) Manufactured housing firms and businesses such as dealers, installers, rebuilders, servicemen, manufacturers of manufactured homes and suppliers of the various components for constructing homes, including heating and air-conditioning systems, roofing and siding material, skirting and awnings and other components;
κ1991 Statutes of Nevada, Page 1325 (CHAPTER 445, AB 591)κ
(3) Professional and industry-related organizations; and
(4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees, and participation in meetings and conferences of industry-related organizations.
(d) Solicit advice and assistance from persons who and organizations which are knowledgeable in the construction, sale, installation, rebuilding and servicing of manufactured homes and the method of educating licensees and applicants.
3. The division is not responsible for the costs of any initial or continuing education program, but may participate in the funding of those programs subject to legislative appropriations.
4. As used in this section, the term industry-related organizations includes the:
(a) National Manufactured Housing Federation;
(b) Manufactured Housing Institute;
(c) Nevada Manufactured Housing Association;
(d) Nevada Mobilehome Park Owners Association;
(e) Mobilehome Owners League of the Silver State; and
(f) Nevada Association of Realtors.
Sec. 4. 1. A person who charges or collects an advance fee shall, within 3 months after charging or collecting such a fee, furnish to his principal an accounting of the use of the money. The administrator also may require an accounting by the person of the use of the money.
2. A person shall not accept an advance fee listing unless he is a dealer, responsible managing employee or salesman who is licensed pursuant to this chapter.
3. The administrator may adopt regulations concerning advance fee listings and the charging and collecting of an advance fee, including, but not limited to:
(a) Forms to be used for advance fee agreements; and
(b) Reports and forms of accounting required to be kept, made or submitted to the division.
4. A violation of this section or the regulations adopted pursuant to this section constitutes grounds for disciplinary action against a licensee.
5. As used in this section:
(a) Advance fee means the money contracted for, charged, claimed, collected, demanded or received for an advance fee listing of, an advertisement for or an offer to sell a manufactured home, mobile home or commercial coach, if the advance fee listing, advertisement or offer is issued to promote the sale of a manufactured home, mobile home or commercial coach or for referral to a business, to dealers or to salesmen, before the last printing or other last issuance thereof, other than by a newspaper of general circulation.
(b) Advance fee listing includes, but is not limited to:
(1) The name or a list of the names of owners, prospective buyers or exchangers, or the location of a manufactured home, mobile home or commercial coach that is offered for sale or exchange.
κ1991 Statutes of Nevada, Page 1326 (CHAPTER 445, AB 591)κ
(2) The location at which prospective or potential buyers or exchangers of manufactured homes, mobile homes or commercial coaches may be communicated with or found.
(3) An agreement by which a person who is engaged in the business of promoting the sale of manufactured homes, mobile homes or commercial coaches agrees to render to an owner or buyer any service to promote the sale of the manufactured home, mobile home or commercial coach for an advance fee.
(4) An agreement by which a person agrees to locate or to promote the sale of a manufactured home, mobile home or commercial coach for an advance fee.
The term does not include any publication issued for general circulation.
Sec. 5. NRS 489.331 is hereby amended to read as follows:
489.331 1. The division shall adopt regulations for the issuance of limited dealers licenses authorizing licensed real estate brokers to sell used manufactured homes and used mobile homes when the sale is [incidental to] in connection with the sale of [an] a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold. The regulations [may] must not be more strict than the regulations in effect which pertain to licenses for other dealers. An applicant for a limited dealers license is not required to have sufficient space to display used manufactured homes or used mobile homes at his established place of business.
2. If a licensed real estate broker holds a limited dealers license, he and his licensed salesmen may sell used manufactured homes and used mobile homes when the sale is [incidental to] in connection with the sale of [an] a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold.
Sec. 6. NRS 489.341 is hereby amended to read as follows:
489.341 1. A person [may] shall not act as a salesman in this state or as a responsible managing employee for a person who sells, leases, reconstructs, improves, repairs or installs any manufactured home, mobile home or commercial coach subject to the provisions of this chapter without first having received a license from the division. Before issuing such a license, the division shall require:
(a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address and the name and address of his employer.
(b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.
(c) Proof of the applicants good character and reputation and of his fitness to act as a salesman or responsible managing employee.
(d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant .
κ1991 Statutes of Nevada, Page 1327 (CHAPTER 445, AB 591)κ
Bureau of Investigation any information respecting the fingerprints of an applicant . [under this section.]
(e) A statement as to whether any previous application of the applicant has been denied or license revoked.
(f) Payment of a reasonable license fee established by regulation.
(g) The applicant to have passed the examination required by NRS 489.351.
(h) Any other information the division deems necessary.
2. Within 60 days after receipt of a complete application, the division shall issue or deny the license.
3. The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensees name and the address of his employers place of business.
4. Each license is valid for [a period of] 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.
5. A person licensed pursuant to this section [may] shall not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer, rebuilder, serviceman or installer.
6. A license issued [under] pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.
7. A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom [he] the holder of the license is licensed.
8. If a salesman or responsible managing employee ceases to be employed by a licensed dealer, rebuilder, serviceman, or installer, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, rebuilder, serviceman or installer. Every licensed salesman and responsible managing employee shall report in writing to the division every change in his place of employment, or termination of employment within 5 days of the date of making the change.
Sec. 7. 1. This section and sections 1, 4 and 5 of this act become effective upon passage and approval.
2. Sections 3 and 6 of this act become effective on October 1, 1991.
3. Section 2 of this act becomes effective July 1, 1992.
________
κ1991 Statutes of Nevada, Page 1328κ
Assembly Bill No. 636Assemblymen Bennett, Garner, McGaughey, Kerns, Krenzer, Johnson, Hardy, Norton, Wong, Scherer, Arberry, Spriggs, Lambert, Porter, Elliott, Petrak, Myrna Williams, Callister and Spitler
CHAPTER 446
AN ACT relating to insurance; requiring certain insurers, fraternal benefit societies, corporations for medical, hospital or dental service, health maintenance organizations and organizations for dental care to approve or deny a claim relating to certain policies, contracts or plans of insurance within a certain period; requiring those insurers to pay such a claim within a certain period after the claim is approved; requiring those insurers to pay interest on that claim if the insurer fails to pay the claim within that period; revising the provisions concerning the limitation on the difference in the payments for coinsurance under a policy of group health insurance and a group contract to preferred providers of health care and providers who are not preferred; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of the reason for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim.
κ1991 Statutes of Nevada, Page 1329 (CHAPTER 446, AB 636)κ
additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of the reason for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
Sec. 3. NRS 689B.061 is hereby amended to read as follows:
689B.061 A policy of group health insurance which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:
1. May not require a deductible of more than $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.
2. May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.
3. May not provide for a difference in percentage rates of payment for coinsurance of more than [a 30 percent difference] 30 percentage points between the payment for coinsurance required to be paid by the insured to a preferred provider of health care and the payment for coinsurance required to be paid by the insured to a provider of health care who is not preferred.
4. Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.
5. Must [use for both the preferred providers of health care and the] include for providers of health care who are not preferred [, a common dollar amount to determine] a provision establishing the point at which an insureds payment for coinsurance is no longer required to be paid [, based on a calendar year.] if such a provision is included for preferred providers of health care. Such provisions must be based on a calendar year. The point at which an insureds payment for coinsurance is no longer required to be paid for providers of health care who are not preferred must not be greater than twice the amount for preferred providers of health care, regardless of the method of payment.
6. Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured requests the service and the insurer determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.
7. Must require the insurer to [pay] process a claim [to] of a provider of health care who is not preferred not later than 30 working days after the date on which proof of the claim is received.
Sec. 4. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 2, 3 and 4, an insurer shall approve or deny a claim of its insured relating to a contract of casualty insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved.
κ1991 Statutes of Nevada, Page 1330 (CHAPTER 446, AB 636)κ
If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the insurer requires additional information or time to determine whether to approve or deny a claim, it shall notify the policyholder of its request for the additional information or time within 20 days after it receives the policyholders claim, and at least once every 30 days thereafter, until the claim is approved or denied. The notice must set forth the reason why the additional information or time is required.
3. The insurer shall approve or deny the claim within:
(a) Thirty days after it receives the additional information; or
(b) Thirty-one days after the last timely notice was provided pursuant to subsection 2,
whichever is later.
4. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
Sec. 5. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a society shall approve or deny a claim relating to a certificate of health insurance within 30 days after the society receives the claim. If the claim is approved, the society shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the society shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the society requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The society shall notify the provider of health care of the reason for the delay in approving or denying the claim. The society shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the society shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the society shall pay interest on the claim in the manner prescribed in subsection 1.
Sec. 6. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a corporation subject to the provisions of this chapter shall approve or deny a claim relating to a contract for dental, hospital or medical services within 30 days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the corporation shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the corporation requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim.
κ1991 Statutes of Nevada, Page 1331 (CHAPTER 446, AB 636)κ
additional information within 20 days after it receives the claim. The corporation shall notify the provider of dental, hospital or medical services of the reason for the delay in approving or denying the claim. The corporation shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the corporation shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the corporation shall pay interest on the claim in the manner prescribed in subsection 1.
Sec. 7. NRS 695B.185 is hereby amended to read as follows:
695B.185 A group contract for hospital, medical or dental services which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:
1. May not require a deductible of more than $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.
2. May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.
3. May not provide for a difference in percentage rates of payment for coinsurance of more than [a 30 percent difference] 30 percentage points between the copayment required to be paid by the insured to a preferred provider of health care and the copayment required to be paid by the insured to a provider of health care who is not preferred.
4. Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.
5. Must [use for both the preferred providers of health care and the] include for providers of health care who are not preferred [, a common dollar amount to determine] a provision establishing the point at which an insureds payment for coinsurance is no longer required to be paid [, based on a calendar year.] if such a provision is included for preferred providers of health care. Such provisions must be based on a calendar year. The point at which an insureds payment for coinsurance is no longer required to be paid for providers of health care who are not preferred must not be greater than twice the amount for preferred providers of health care, regardless of the method of payment.
6. Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.
7. Must require the corporation to [pay] process a claim [to] of a provider of health care who is not preferred not later than 30 working days after the date on which proof of the claim is received.
Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a health maintenance organization shall approve or deny a claim relating to a health care plan within 30 days after the health maintenance organization receives the claim.
κ1991 Statutes of Nevada, Page 1332 (CHAPTER 446, AB 636)κ
If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the health maintenance organization requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The health maintenance organization shall notify the provider of health care services of the reason for the delay in approving or denying the claim. The health maintenance organization shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim in the manner prescribed in subsection 1.
Sec. 9. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, an organization for dental care shall approve or deny a claim relating to a plan for dental care within 30 days after the organization for dental care receives the claim. If the claim is approved, the organization for dental care shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the organization for dental care shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the organization for dental care requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The organization for dental care shall notify the provider of dental care of the reason for the delay in approving or denying the claim. The organization for dental care shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the organization for dental care shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the organization for dental care shall pay interest on the claim in the manner prescribed in subsection 1.
________
κ1991 Statutes of Nevada, Page 1333κ
Assembly Bill No. 650Committee on Transportation
CHAPTER 447
AN ACT relating to the leasing of passenger cars; authorizing a short-term lessor of a passenger car to recover for damages to the car under certain conditions by processing a charge on the lessees credit card; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.7923 is hereby amended to read as follows:
598.7923 1. A short-term lessor of a passenger car shall not seek to recover any portion of a claim arising out of damage to or loss of a leased passenger car by [processing a charge on a short-term lessees credit card or] causing any [debit or] block to be placed on the lessees credit card account.
2. A short-term lessor of a passenger car shall not process a charge on a short-term lessees credit card to pay for any damages to a passenger car leased by the lessee unless the lessor first:
(a) Obtains the written consent of the lessee, on a form that is separate from the form for the lease, to pay for the damages by processing a charge on the lessees credit card;
(b) Inspects the vehicle upon its return to the lessor to verify the extent of the damages; and
(c) Provides the lessee with a written estimate of the cost to repair the damages and the lessee provides the lessor with written authorization to pay for the damages by processing a charge on the lessees credit card in an amount that does not exceed the amount of the written estimate.
The lessee may waive the provisions of paragraph (c) if the inspection conducted pursuant to paragraph (b) indicates that the cost to repair the damages will not exceed $500 and the lessee provides the lessor with written authorization to pay for the damages by processing a charge on the lessees credit card in an amount that does not exceed $500.
3. A short-term lessor of a passenger car shall not engage in any unfair, deceptive or coercive tactics in attempting to recover or in recovering on any claim arising out of damage to or loss of a passenger car.
________
κ1991 Statutes of Nevada, Page 1334κ
Senate Bill No. 280Committee on Judiciary
CHAPTER 448
AN ACT relating to child support; requiring the periodic review of the statutory formulas for child support; allowing the use of genetic identification for determining paternity; requiring courts to follow the statutory formula to calculate support payments for cases arising under the Revised Reciprocal Enforcement of Support Act; making various other changes regarding child support; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125B.070 is hereby amended to read as follows:
125B.070 As used in this section and NRS 125B.080, unless the context otherwise requires:
1. Gross monthly income means the total amount of income from any source of a wage-earning employee or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
2. Obligation for support means the amount determined according to the following schedule:
(a) For one child, 18 percent;
(b) For two children, 25 percent;
(c) For three children, 29 percent;
(d) For four children, 31 percent; and
(e) For each additional child, an additional 2 percent,
of a parents gross monthly income, but not more than $500 per month per child for an obligation for support determined pursuant to paragraphs (a) to (d), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 5 of NRS 125B.080.
3. On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section to determine whether any modifications are advisable and report to the legislature their findings and any proposed amendments.
Sec. 2. NRS 125B.080 is hereby amended to read as follows:
125B.080 1. A court shall apply the appropriate formula set forth in subsection 2 of NRS 125B.070 to:
(a) Determine the required support in any case involving the support of children.
(b) Any request filed after July 1, 1987, to change the amount of the required support of children.
2. If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in subsection 2 of NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon.
κ1991 Statutes of Nevada, Page 1335 (CHAPTER 448, SB 280)κ
shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.
3. If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in subsection 2 of NRS 125B.070, any subsequent modification or adjustment of that support must be based upon changed circumstances or as a result of a review conducted pursuant to NRS 125B.145.
4. Notwithstanding the formulas set forth in subsection 2 of NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
5. It is presumed that the basic needs of a child are met by the formulas set forth in subsection 2 of NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall set forth findings of fact as to the basis for the deviation from the formula.
7. Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.
8. If a parent who has an obligation for support is willfully underemployed or unemployed, [for the purpose of avoiding] to avoid an obligation for support of a child, that obligation must be based upon the parents true potential earning capacity.
9. The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mothers pregnancy and confinement;
(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both parents.
κ1991 Statutes of Nevada, Page 1336 (CHAPTER 448, SB 280)κ
Sec. 3. NRS 125B.110 is hereby amended to read as follows:
125B.110 1. A parent shall support beyond the age of majority his child who is [physically or mentally] handicapped until the child is no longer handicapped or until the child becomes self-supporting. The handicap of the child must have occurred before the age of majority for this duty to apply.
2. For the purposes of this section, a child is self-supporting if he receives public assistance beyond the age of majority and that assistance is sufficient to meet his needs.
3. This section does not impair or otherwise affect the eligibility of a handicapped person to receive benefits from a source other than his parents.
4. As used in this section, handicapped means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
Sec. 4. NRS 125B.140 is hereby amended to read as follows:
125B.140 1. If an order issued by a court of this or any other state, or pursuant to an expedited process, provides for the payment for support of a child, that order is a judgment by operation of law on or after the date the payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced as other judgments of this state.
2. Payments for support of a child pursuant to an order of a court or an order issued pursuant to an expedited process which have not accrued at the time either party gives notice that he has filed a motion for modification adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification [.] or adjustment.
3. Except as otherwise provided in subsection 5, before execution for enforcement of a judgment for support of a child, the person seeking to enforce the judgment must send a notice by certified mail, return receipt requested, to the responsible parent:
(a) Specifying the name of the court that issued the order for support and the date of its issuance;
(b) Specifying the amount of arrearages accrued under the order;
(c) Stating that the arrearages will be enforced as a judgment; and
(d) Explaining that the responsible parent may, within 10 days after the notice is sent, ask for a hearing before the court concerning the amount of the arrearages.
4. The matters to be adjudicated at a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court or the governmental entity issuing the order pursuant to an expedited process. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.
5. If the amount of the judgment for arrearages has been determined by a court of this or any other state or pursuant to an expedited process, no further notice to the responsible parent is necessary for execution for enforcement of that judgment.
6. As used in this section, expedited process means a judicial or administrative procedure established by any state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.
κ1991 Statutes of Nevada, Page 1337 (CHAPTER 448, SB 280)κ
Columbia to facilitate the collection of an obligation for the support of a child.
Sec. 5. NRS 125B.145 is hereby amended to read as follows:
125B.145 1. An order issued by any court or expedited process for the support of a child that is being enforced in this state must be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified [.] or adjusted. If the court determines that modification or adjustment of the order is appropriate, the court shall enter an order modifying or adjusting the previous order for support. Any review of an order for the support of a child must utilize the formula required by NRS 125B.070. The review must be conducted by the court upon the filing of a request for review by:
(a) The welfare division of the department of human resources or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or
(b) A parent or legal guardian of the child.
2. An order for the support of a child may be reviewed at any time on the basis of changed circumstances.
3. As used in this section, expedited process has the meaning ascribed to it in subsection 6 of NRS 125B.140.
Sec. 6. NRS 126.121 is hereby amended to read as follows:
126.121 1. The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more [blood] tests for the typing of blood or taking of specimens for genetic identification to be made by qualified physicians or other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever [the] such a test is ordered and made, the results of the test [may] must be received in evidence [.] and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. The order for [the blood tests] such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition [.] or written interrogatories.
2. If any party refuses to submit to [a blood test,] or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.
3. The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts [qualified as examiners of blood types.] or qualified laboratories.
4. In all cases, the court shall determine the number and qualifications of the experts [.] and laboratories.
Sec. 7. NRS 126.131 is hereby amended to read as follows:
126.131 Evidence relating to paternity may include:
1. Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.
2. An experts opinion concerning the statistical probability of the alleged fathers paternity based upon the duration of the mothers pregnancy.
κ1991 Statutes of Nevada, Page 1338 (CHAPTER 448, SB 280)κ
3. An experts opinion concerning blood test results [,] or genetic identification, weighted in accordance with evidence, if available, of the statistical probability of the alleged fathers paternity.
4. Medical or anthropological evidence relating to the alleged fathers paternity of the child based on tests performed by experts.
5. All other evidence relevant to the issue of paternity of the child.
Sec. 8. NRS 130.100 is hereby amended to read as follows:
130.100 Whenever the state, or a political subdivision thereof, furnishes support to an individual obligee, it has the same right to initiate a proceeding [under] pursuant to this chapter as the individual obligee for the purpose of securing reimbursement for support furnished , [or of] obtaining continuing support [, or both.] or requesting new or additional support orders. The amount the obligor must pay for support must be determined in accordance with NRS 125B.070 and 125B.080.
Sec. 9. NRS 130.160 is hereby amended to read as follows:
130.160 1. When the district attorney is requested to initiate an action in accordance with this chapter, he may assess against the obligee a fee of not more than $20 for an application. He may request that the responding court collect the fee from the obligor. A fee may not be assessed against the State of Nevada when acting as a party to an action brought pursuant to this chapter.
2. When the district attorney is requested to respond in an action in accordance with this chapter, the court may assess against an obligor, in addition to any support obligation ordered, a reasonable fee for collection and distribution. If the court finds that the obligor would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.
3. All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the countys program for the enforcement of support obligations.
4. A responding court shall not require the posting of any bond, written undertaking, or security by the obligee, including bonds for the seizure or attachment of property or require payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in part by the obligor . [or by] Such fees and costs may not be assessed against the state or any political subdivision thereof. These costs or fees do not have priority over amounts due to the obligee.
Sec. 10. NRS 425.3822 is hereby amended to read as follows:
425.3822 1. If there is no court order concerning support of a child entered against the parent from whom support is sought, the chief may issue a notice and finding of financial responsibility after:
(a) The division is assigned the right to support;
(b) The division makes a payment of public assistance;
κ1991 Statutes of Nevada, Page 1339 (CHAPTER 448, SB 280)κ
(c) The program receives an application for services for enforcement pursuant to NRS 125B.150 from a person who is not a recipient of public assistance; or
(d) The program receives a written request for enforcement of an obligation for support from an agency of another state that is responsible for administering the Federal Child Support Enforcement Act (42 U.S.C. §§ 651 et seq.).
2. The notice must be served upon the parent in the manner prescribed for service of summons in a civil action or by certified mail, [return receipt requested,] restricted delivery, with proof of actual receipt by the parent. A notice that involves the establishment of paternity must be served pursuant to Rule 4 of the Nevada Rules of Civil Procedure or by [registered mail] certified mail, restricted delivery, with proof of actual receipt by the parent.
Sec. 11. NRS 432B.560 is hereby amended to read as follows:
432B.560 1. The court may also order:
[1.] (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.
[2.] (b) A parent or guardian to [:
(a) Refrain from any] refrain from:
(1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or person given physical custody of the child;
[(b) Refrain from visiting] and
(2) Visiting the child if the court determines that the visitation is not in the best interest of the child . [; and
(c) Pay to the custodian the reasonable cost of the childs care, including food, shelter, clothing, medical care and education.
3.] (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.
2. The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but may not exceed the reasonable cost of the childs care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:
(a) Require that payments be made to the clerk of the court or another appropriate agency or office;
(b) Provide that the custodian is entitled to a lien on the obligors property in the event of nonpayment of support; and
(c) Provide for the withholding of wages and commissions in the event of nonpayment of support unless:
(1) All parties enter into an alternative written agreement; or
(2) One party demonstrates and the court finds good cause to postpone the withholding.
Sec. 12. NRS 31A.170 is hereby repealed.
________
κ1991 Statutes of Nevada, Page 1340κ
Senate Bill No. 318Committee on Finance
CHAPTER 449
AN ACT making an appropriation to the state library and archives for the payment of certain relocation and moving expenses; and providing other matters properly relating thereto.
[Approved June 25, 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 state library and archives the sum of $213,860 for payment of expenses related to relocating in the new state library building upon completion of its construction.
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 upon passage and approval.
________
Senate Bill No. 492Senators Glomb, Adler, Cook, Horn, Shaffer, Titus, Tyler and Vergiels
CHAPTER 450
AN ACT relating to communicable diseases; requiring a health authority and the principal of a school to notify the superintendent of the school district of the presence of the human immunodeficiency virus within a school in the district; requiring the superintendent of a school district to notify the health authority of the presence of the virus within a school in the district; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 441A.190 is hereby amended to read as follows:
441A.190 1. [A] Except as otherwise provided in this subsection, a health authority who knows of the presence of a communicable disease within a school, child care facility, medical facility or correctional facility [,] shall notify the principal, director or other person in charge of the school, child care facility, medical facility or correctional facility of that fact and direct what action, if any, must be taken to prevent the spread of the disease. A health authority who knows of the presence of the human immunodeficiency virus within a school shall notify the superintendent of the school district of that fact and direct what action, if any, must be taken to prevent the spread of the virus.
2. [The] Except as otherwise provided in this subsection, the principal, director or other person in charge of a school, child care facility, medical facility or correctional facility [,] who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the board.
κ1991 Statutes of Nevada, Page 1341 (CHAPTER 450, SB 492)κ
facility or correctional facility [,] who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the board. If a principal of a school knows of the presence of the human immunodeficiency virus within the school, he shall notify the superintendent of the school district of that fact. A superintendent of a school district who is notified of or knows of the presence of the human immunodeficiency virus within a school in the school district shall notify the health authority of that fact. The health authority shall investigate [the] a report received pursuant to this subsection to determine whether a communicable disease or the human immunodeficiency virus is present and direct what action, if any, must be taken to prevent the spread of the disease [.] or virus.
3. A parent, guardian or person having custody of a child who has a communicable disease shall not knowingly permit the child to attend school or a child care facility if the board, by regulation, has determined that the disease requires exclusion from school or a child care facility.
________
Senate Bill No. 606Committee on Finance
CHAPTER 451
AN ACT relating to the University of Nevada; increasing the amount of bonds authorized for an office and laboratory building; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 704, Statutes of Nevada 1989, at page 1625, is hereby amended to read as follows:
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$40,000,000,] $100,000,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.
(b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
κ1991 Statutes of Nevada, Page 1342 (CHAPTER 451, SB 606)κ
and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act.
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 573Committee on Finance
CHAPTER 452
AN ACT making an appropriation to the legislative fund for expenses related to the meeting of the National Legislative Black Caucus; and providing other matters properly relating thereto.
[Approved June 25, 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 legislative fund created pursuant to NRS 218.085 the sum of $35,000 for expenses related to the meeting of the National Legislative Black Caucus to be held in Las Vegas on December 6, 1991.
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 1343κ
Assembly Bill No. 304Committee on Judiciary
CHAPTER 453
AN ACT relating to municipal courts; clarifying that the prohibition of certain trials anew on appeal from municipal court to district court does not apply retroactively; and providing other matters properly relating thereto.
[Approved June 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The amendatory provisions of sections 2.5 and 18.5 of chapter 228 of Statutes of Nevada 1991, do not apply to any appeal perfected before October 1, 1991.
________
Senate Bill No. 366Committee on Judiciary
CHAPTER 454
AN ACT relating to arbitration; requiring arbitration of certain civil actions; authorizing arbitration of all civil claims; directing the supreme court to adopt rules to provide for the establishment of a program of arbitration; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 38 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Except as otherwise provided in NRS 38.215 and section 6 of this act, all civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $25,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.255 and sections 3 and 4 of this act.
Sec. 3. 1. The supreme court shall adopt rules to provide for the establishment of a program of arbitration pursuant to section 2.
2. The supreme court, in association with the National Judicial College and State Bar of Nevada and other organizations, shall provide training in arbitration for attorneys and nonattorneys.
3. The district courts in each judicial district shall administer the program in their respective districts in accordance with the rules adopted by supreme court.
4. The supreme court may:
(a) Charge each person who applies for training as an arbitrator an application fee.
(b) Charge a fee to cover the cost of the training programs.
κ1991 Statutes of Nevada, Page 1344 (CHAPTER 454, SB 366)κ
Sec. 4. In any civil action that is required to be submitted to arbitration pursuant to section 2 of this act, the supreme court may also authorize the use of settlement conferences and other alternative methods of resolving disputes that are available in the county in which the court is located, if the court determines that such participation would assist in the resolution of the dispute.
Sec. 5. NRS 38.215 is hereby amended to read as follows:
38.215 1. Except as otherwise provided in subsection 2 [,] and section 6 of this act, all civil actions for damages for personal injury, death or property damage arising out of the ownership, maintenance or use of a motor vehicle, where the cause of action arises in this state and the amount in issue does not exceed [$15,000,] $25,000, must be submitted to arbitration, in accordance with the provisions of NRS 38.015 to 38.205, inclusive.
2. Subsection 1 does not apply to any such action [:
(a) Within] within the jurisdiction of the justices court, unless the parties agree, orally or in writing, that the action will be submitted to arbitration or the justices court so orders . [; or
(b) Within the jurisdiction of the district court of a judicial district in which a program of mandatory arbitration is in effect.]
Sec. 6. NRS 38.255 is hereby amended to read as follows:
38.255 1. [Upon petition by the district court of any judicial district or on its own initiative, the] The rules adopted by the supreme court [may adopt rules which] pursuant to section 3 of this act to provide guidelines for the establishment by a district court of a [voluntary or mandatory program for the arbitration of civil actions.] program must include provisions for a:
(a) Mandatory program for the arbitration of civil actions pursuant to section 2 of this act.
(b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds $25,000.
(c) Voluntary program for the use of binding arbitration in all civil actions.
2. The rules must provide that the district court of any judicial district [may establish a program pursuant thereto, subject to the limitations of the budgets of the counties within the jurisdiction of the court.] whose population is 100,000 or more:
(a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.
(b) May set fees and charge parties for arbitration if the amount in issue exceeds $25,000.
The rules may provide for similar programs for the other judicial districts.
3. The rules must exclude the following from any program of mandatory arbitration:
(a) Actions in which the amount in issue, excluding attorneys fees, interest and court costs, is more than [$15,000,] $25,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions; [and]
(f) Appeals from courts of limited jurisdiction [.] ;
κ1991 Statutes of Nevada, Page 1345 (CHAPTER 454, SB 366)κ
(g) Actions for declaratory relief;
(h) Actions involving divorce or problems of domestic relations;
(i) Actions brought for relief based on any extraordinary writs;
(j) Actions for the judicial review of an administrative decision; and
(k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action, have submitted the controversy to arbitration or any other alternative method for resolving a dispute.
4. The rules must include [guidelines] :
(a) Guidelines for the award of attorneys fees and maximum limitations on the costs to the parties of the arbitration [and] ;
(b) Disincentives to appeal; and
(c) Provisions for trial upon the exercise by either party of his right to a trial anew after the arbitration.
5. The supreme court shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for transmittal to the chairmen of the assembly and senate standing committees on the judiciary. The report must include, for the period since the previous such report, if any:
(a) A listing of the number of actions which were submitted to arbitration or other alternative methods of resolving disputes pursuant to section 2 or 4 of this act and their manner of disposition;
(b) A statement of the amount of money collected in each judicial district pursuant to section 7 of this act and a summary of the manner in which the fees were expended; and
(c) Any recommendations for legislation or other information regarding the programs on arbitration deemed relevant by the supreme court.
Sec. 7. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, the county clerk shall charge and collect a fee of $5 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for programs of arbitration in the county general fund. The money in the account must be used only to support programs for the arbitration of civil actions pursuant to section 2 of this act.
3. The provisions of this section apply only in judicial districts in which a program of arbitration has been established pursuant to section 2 of this act.
Sec. 8. 1. This section and sections 1 and 3 to 7, inclusive, of this act become effective on October 1, 1991.
2. Section 2 of this act becomes effective on July 1, 1992.
________
κ1991 Statutes of Nevada, Page 1346κ
Assembly Bill No. 590Committee on Ways and Means
CHAPTER 455
AN ACT relating to cultural resources; creating the commission for cultural affairs; defining its duties; providing for the issuance of general obligation bonds for the preservation and promotion of cultural resources; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The commission for cultural affairs is hereby created. The commission consists of:
(a) The chairman of the Nevada Humanities Committee or a member of the committee designated by him;
(b) The chairman of the Nevada state council on the arts or a member of the council designated by him;
(c) The chairman of the board of museums and history or a member of the board designated by him;
(d) The chairman of the advisory board for historic preservation and archeology or a member of the advisory board designated by him; and
(e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the governor.
2. The commission shall:
(a) Elect from its membership a chairman who shall serve for a term of 2 years. Any vacancy occurring in this position must be filled by election of the members of the commission for the remainder of the unexpired terms.
(b) Prescribe rules for its own management and government.
(c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its chairman.
3. Three members of the commission constitute a quorum, but a majority of the members of the commission is necessary to consider the particular business before it and to exercise the power conferred on the commission.
4. The members of the commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.
5. Administrative services required by the commission must be provided by the members of the staff of the various agencies represented by the members of the commission.
Sec. 2. 1. The commission for cultural affairs shall establish within 1 year after its formation, and revise every 2 years thereafter, a 10-year plan to:
(a) Preserve and promote Nevadas cultural resources; and
(b) Develop a network of cultural centers and activities in this state.
2. The plan must include:
(a) A description of the means by which a statewide network of cultural centers and activities is to be developed;
(b) A program for awarding financial assistance to develop a network of cultural centers and activities; and
(c) A detailed list of the initial projects to be undertaken.
3. The plan must be submitted to:
κ1991 Statutes of Nevada, Page 1347 (CHAPTER 455, AB 590)κ
(a) The governor;
(b) The legislative commission; and
(c) The state board of examiners.
Sec. 3. The commission for cultural affairs may, in establishing the program for awarding financial assistance:
1. Award financial assistance to governmental or private entities.
2. Establish the conditions an entity must satisfy to receive an award of financial assistance.
3. Specify the criteria by which proposed projects will be judged. The criteria must include, but not be limited to, a consideration of the degree to which a proposed project:
(a) May become a recurring event without the necessity of future state financial support;
(b) Will be accessible to the community;
(c) Will promote tourism in the state;
(d) Will promote or preserve some historic or prehistoric feature of Nevada;
(e) Will have multiple uses for many types of cultural organizations;
(f) Will supplement training in the classroom in the arts and the humanities; and
(g) Incorporates the various disciplines directly associated with cultural resources.
4. Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.
Sec. 4. 1. There is hereby created in the state treasury the fund for the preservation and promotion of cultural resources. The commission for cultural affairs is responsible for the administration of the fund. All money received and held by the state treasurer for that purpose must be deposited in the fund.
2. The commission may expend money in the fund only for projects identified in the commissions plan to promote and preserve the states cultural resources in an amount not to exceed $2,000,000 per year. Not more than $20,000,000 may be used for this purpose in any 10-year period.
3. The money in the fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the fund must be credited to the fund.
4. Claims against the fund must be paid as other claims against the state are paid.
Sec. 5. 1. The state board of examiners shall issue general obligation bonds of the State of Nevada, in a face amount of not more than $20,000,000, to provide the money necessary to carry out the provisions of sections 1 to 4, inclusive, of this act.
2. The money raised by the issuance of the bonds authorized by this section must be deposited with the state treasurer and credited to the fund for the preservation and promotion of cultural resources.
κ1991 Statutes of Nevada, Page 1348 (CHAPTER 455, AB 590)κ
3. The bonds may be issued at one time or from time to time.
4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.
5. The legislature finds and declares that the issuance of bonds pursuant to this section is necessary for the protection and preservation of the cultural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 508Committee on Government Affairs
CHAPTER 456
AN ACT relating to state employees; providing for the testing of state employees and applicants for certain positions of state employment for the presence of alcohol and other drugs; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. It is the policy of this state to ensure that its employees do not:
1. Report for work in an impaired condition resulting from the use of alcohol or drugs;
2. Consume alcohol while on duty; or
3. Unlawfully possess or consume any drugs while on duty, at a work site or on state property.
Sec. 3. As used in sections 3 to 12, inclusive, of this act, unless the context otherwise requires:
1. Employee means a person in the classified service of the state, except:
(a) Officers and members of the Nevada National Guard;
(b) Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority; and
(c) Patient and inmate help in state charitable, penal, mental and correctional institutions.
2. Screening test means a test of a persons:
(a) Breath or blood to detect the general presence of alcohol; or
(b) Urine or blood to detect the general presence of a controlled substance or any other drug,
which could impair that persons ability to perform the duties of employment safely and efficiently.
Sec. 4. 1. Except as otherwise provided in subsection 3, an employee who:
κ1991 Statutes of Nevada, Page 1349 (CHAPTER 456, SB 508)κ
(a) Consumes or is under the influence of alcohol while on duty, unless the alcohol is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturers instructions or as prescribed by a licensed physician;
(b) Possesses, consumes or is under the influence of a controlled substance while on duty, at a work site or on state property, except as prescribed by a licensed physician; or
(c) Consumes or is under the influence of any other drug which could interfere with the safe and efficient performance of his duties, unless the drug is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturers instructions or as prescribed by a licensed physician,
is subject to disciplinary action. An appointing authority may summarily discharge an employee who, within a period of 5 years, commits a second act which would subject him to disciplinary action pursuant to this subsection.
2. A state agency shall refer an employee who:
(a) Tests positive for the first time in a screening test; and
(b) Has committed no other acts for which he is subject to termination during the course of conduct giving rise to the screening test,
to an employee assistance program. An employee who fails to accept such a referral or fails to complete such a program successfully is subject to further disciplinary action.
3. Subsection 1 does not apply to:
(a) An employee who consumes alcohol in the course of his employment while hosting or attending a special event.
(b) A peace officer who possesses a controlled substance or consumes alcohol within the scope of his duties.
Sec. 5. Except as otherwise provided in subsection 5 of section 7 of this act, an employee who:
1. Fails to notify his supervisor as soon as possible after consuming any drug which would interfere with the safe and efficient performance of his duties;
2. Fails or refuses to submit to a screening test as requested by a state agency pursuant to subsection 1 of section 7 of this act; or
3. After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by his appointing authority, that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name,
is subject to disciplinary action.
Sec. 6. 1. If an employee informs his appointing authority that he has consumed any drug which could interfere with the safe and efficient performance of his duties, the appointing authority may require the employee to obtain clearance from his physician before he continues to work.
2. If an appointing authority reasonably believes, based upon objective facts, that an employees ability to perform his duties safely and efficiently:
(a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether he has consumed any alcohol or other drugs and, if so:
κ1991 Statutes of Nevada, Page 1350 (CHAPTER 456, SB 508)κ
(1) The amount and types of alcohol or other drugs consumed and the time of consumption; and
(2) If a controlled substance was consumed, the name of the person who prescribed its use.
(b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport him or cause him to be transported safely away from his place of employment in accordance with regulations adopted by the director.
Sec. 7. 1. Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:
(a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;
(b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and
(c) Informs the employee in writing:
(1) Of whether the test will be for alcohol, drugs, or both;
(2) That the results of the test are not admissible in any criminal proceeding against him; and
(3) That he may refuse the test, but that his refusal may result in his dismissal or in other disciplinary action being taken against him.
2. An appointing authority may request an employee to submit to a screening test if the employee:
(a) Is a law enforcement officer and, during the performance of his duties, he discharges a firearm, other than by accident; or
(b) During the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property.
For the purposes of this subsection, the director shall, by regulation, define the term substantial damage to property.
3. An appointing authority may place an employee who submits to a screening test on administrative leave with pay until it receives the results of the test.
4. An appointing authority shall:
(a) Within a reasonable time after an employee submits to a screening test, allow the employee to obtain at his expense an independent screening test from a laboratory of his choice which is certified by the National Institute on Drug Abuse; and
(b) Provide the employee with the written results of his screening test within 3 working days after it receives those results.
5. An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.
6. An appointing authority shall not use a screening test to harass an employee.
Sec. 8. 1. Each appointing authority shall, subject to the approval of the commission, determine whether each of its positions of employment affect the public safety. The appointing authority shall not hire an applicant for such a position unless he submits to a screening test.
κ1991 Statutes of Nevada, Page 1351 (CHAPTER 456, SB 508)κ
position unless he submits to a screening test. Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.
2. An appointing authority may consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance, the appointing authority shall not hire the applicant unless he provides within 72 hours after being requested by the appointing authority, proof that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name.
3. An appointing authority shall, at the request of an applicant, provide him with the results of his screening test.
Sec. 9. 1. A screening test must be:
(a) Conducted by an independent laboratory which is certified by the National Institute on Drug Abuse; and
(b) Administered in such a manner as to protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.
3. If the results of a screening test indicate the presence of alcohol or any drug which could impair a persons ability to perform the duties of employment safely and efficiently:
(a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and
(b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at his expense by the laboratory of his choice.
Sec. 10. The results of a screening test taken pursuant to sections 3 to 12, inclusive, of this act are confidential and:
1. Are not admissible in a criminal proceeding against the person tested;
2. Must be securely maintained by the appointing authority or his designated representative separately from other files concerning personnel; and
3. Must not be disclosed to any person, except:
(a) Upon the written consent of the person tested;
(b) As required by medical personnel for the diagnosis or treatment of the person tested, if he is physically unable to give his consent to the disclosure;
(c) As required pursuant to a properly issued subpena;
(d) When relevant in a formal dispute between the appointing authority and the person tested; or
(e) As required for the administration of a plan of benefits for employees.
Sec. 11. The department shall provide training in the provisions of sections 3 to 12, inclusive, of this act to employees of appointing authorities whose duties include the supervision of other employees.
κ1991 Statutes of Nevada, Page 1352 (CHAPTER 456, SB 508)κ
Sec. 12. The director shall adopt such regulations as are necessary to carry out the purposes of sections 2 to 11, inclusive, of this act.
________
Senate Bill No. 463Senator Titus
CHAPTER 457
AN ACT relating to elections; authorizing a representative of a political party to examine the pollbook during an election to determine the registered voters who have not voted in the election; authorizing the state central committee of a major political party to request a list of registered voters from a county clerk; limiting the number of supplemental lists of registered voters a county clerk is required to provide each year to a state or county central committee; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The county clerk of each county shall allow not more than one representative from each political party for each precinct at a polling place to examine the pollbook four times during an election to determine the registered voters in that precinct who have not voted in the election. The examination of the pollbook must not interfere with the conduct of the election.
2. Each person who is authorized by a political party to examine the pollbooks shall provide proof of identity and a written statement from the county central committee which authorizes him to represent that political party at the polling place.
Sec. 2. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as provided in subsection 2 and NRS 293.305, at all elections held under the provisions of this Title, the polls must open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.
3. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except to examine a pollbook pursuant to section 1 of this act or by authority of the election board as necessary to keep order and carry out the provisions of this Title.
κ1991 Statutes of Nevada, Page 1353 (CHAPTER 457, SB 463)κ
Sec. 3. NRS 293.440 is hereby amended to read as follows:
293.440 1. Any person who desires a copy of any list of the registered voters in any precinct, district or county and who provides an assurance that the list will be used only for purposes relating to elections, may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per name on the list, [but] except that one copy of each original and supplemental list for each precinct, district or county must be provided to the state and county central committee of any major political party, upon request, without charge.
2. The copy of the list provided pursuant to this section must indicate each voters address, date of birth, telephone number and the serial number of his affidavit of registration. If the county maintains this information in a computer data base, the date of each addition and revision made on or after July 1, 1989, to an entry must be included in the data base and on any resulting list of the information. The date must be expressed numerically in the order of year, month and date.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.
4. A county which has a system of computers capable of recording information on magnetic tape shall, upon request of the state or county central committee of any major political party, record for that central committee on magnetic tape supplied by it [the] :
(a) The list of registered voters and the information required in subsection 2 [.] ; and
(b) Not more than four times per year, as requested by the committee:
(1) A complete list of the registered voters with a notation for each such entry of the date on which the entry or the latest change in the information was made; or
(2) A list that includes additions and revisions made to the list of registered voters after a date specified by the central committee.
________
Senate Bill No. 111Committee on Natural Resources
CHAPTER 458
AN ACT relating to the state department of agriculture; placing the director of the division of animal industry in the unclassified service; placing the director of the division of plant industry in the unclassified service; providing for the removal of the directors of certain divisions of the department with the approval of the state board of agriculture; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.205 is hereby amended to read as follows:
561.205 The director of the division of animal industry must be appointed on the basis of merit and is in the [classified] unclassified service. He must be a graduate of a veterinary school or college approved by the American Veterinary Medical Association, and have at least 5 years experience in official [livestock disease regulatory and control work.]
κ1991 Statutes of Nevada, Page 1354 (CHAPTER 458, SB 111)κ
a graduate of a veterinary school or college approved by the American Veterinary Medical Association, and have at least 5 years experience in official [livestock disease regulatory and control work.] work for regulating and controlling diseases in livestock. The executive director may remove the director of the division of animal industry from his office with the approval of the board.
Sec. 2. NRS 561.209 is hereby amended to read as follows:
561.209 The director of the division of brand inspection [shall] must be appointed by the executive director on the basis of merit, and [he shall be] is in the unclassified service. The executive director may remove the director of the division of brand inspection from his office with the approval of the board.
Sec. 3. NRS 561.214 is hereby amended to read as follows:
561.214 The director of the division of plant industry must be appointed on the basis of merit and is in the [classified] unclassified service. He must be a graduate of an accredited college or university with a major in one of the agricultural sciences, and have at least 5 years experience in official [agricultural regulatory work.] work for regulating agriculture. The executive director may remove the director of the division of plant industry from his office with the approval of the board.
Sec. 4. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 787Committee on Ways and Means
CHAPTER 459
AN ACT relating to parole; increasing the number of members of the state board of parole commissioners; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.108 is hereby amended to read as follows:
213.108 1. The state board of parole commissioners is hereby created.
2. The board consists of [five] six members appointed by the governor.
3. A chairman of the board must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and [be] is responsible for its management except as otherwise provided in NRS 213.1085.
4. Except as otherwise provided in subsection 5 [,] and NRS 213.133, a decision on any issue before the board, concurred in by two or more members, is the decision of the board.
5. Any decision on an issue involving a person:
(a) Who committed a capital offense;
(b) Who is serving a life sentence; or
(c) Whose sentence has been commuted by the state board of pardons commissioners, is the decision of the board if it is concurred in by [two] three members and ratified by a [third.]
κ1991 Statutes of Nevada, Page 1355 (CHAPTER 459, AB 787)κ
is the decision of the board if it is concurred in by [two] three members and ratified by a [third.] fourth member.
Sec. 2. As soon as practicable after July 1, 1991, the governor shall appoint to the state board of parole commissioners one member who initial term expires on June 30, 1993.
Sec. 3. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 785Committee on Ways and Means
CHAPTER 460
AN ACT relating to parolees; increasing the cash balance of the parolees revolving loan account; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.145 is hereby amended to read as follows:
213.145 1. A parolees revolving loan account in the sum of [$2,500] $4,500 is hereby created for the use of the board.
2. The account must be under the control of the chief parole and probation officer, who shall use the account to provide loans to individual parolees in an amount not to exceed $300 to assist in purchasing job tools or equipment, transportation to home or job or for food and rent until a steady income can be obtained. These loans may be made at a rate of interest not to exceed 4 percent.
3. Terms of repayment must be established at the time of making the loan but the chief parole and probation officer may alter the terms if the best interests of the parolee and the state would be served by doing so. Willful failure to make payments on the loan is a ground, in the discretion of the board, for revocation of parole.
4. The account is nonreverting, except to the extent that the cash balance of the account exceeds [$2,500] $4,500 at the end of each fiscal year, the excess cash must be credited to the state general fund.
Sec. 2. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1356κ
Assembly Bill No. 721Committee on Ways and Means
CHAPTER 461
AN ACT relating to emissions from motor vehicles; increasing the fee paid to the department of motor vehicles and public safety for certain forms issued to fleet stations; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control fund which is hereby created as a special revenue fund:
(a) For the issuance and annual renewal of license for an authorized station or a fleet station....................................................................................................................... $25.00
(b) For each set of 25 forms certifying emission control compliance [75] 87.50
(c) For each form issued to a fleet station............................................. [3] 3.50
2. Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at the authorized station.
4. The department of motor vehicles and public safety may by regulation establish a program to award grants of excess money in the pollution control fund to air pollution control agencies established pursuant to NRS 445.456 or 445.546. As used in this subsection, excess money means the money in excess of $500,000 remaining in the pollution control fund at the end of the fiscal year.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445.630.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
κ1991 Statutes of Nevada, Page 1357 (CHAPTER 461, AB 721)κ
grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
Sec. 2. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 713Committee on Ways and Means
CHAPTER 462
AN ACT making an appropriation to the state department of conservation and natural resources for certain costs of litigation involving the stream system of the Truckee River and for costs related to consultants on the administration of water resources statewide; and providing other matters properly relating thereto.
[Approved June 26, 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 state department of conservation and natural resources the sum of $200,000 for certain costs of litigation involving the stream system of the Truckee River and for consulting experts in the administration of water resources statewide.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 447Committee on Ways and Means
CHAPTER 463
AN ACT making an appropriation to the division of forestry of the state department of conservation and natural resources for the purchase of certain equipment; and providing other matters properly relating thereto.
[Approved June 26, 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 division of forestry of the state department of conservation and natural resources the sum of $1,146,050 for the purchase of:
1. Communications equipment................................................................ $101,050
2. Honor camp equipment........................................................................ $595,000
3. An aircraft and related equipment ..................................................... $450,000
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.
κ1991 Statutes of Nevada, Page 1358 (CHAPTER 463, AB 447)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 446Committee on Ways and Means
CHAPTER 464
AN ACT making an appropriation to the division of plant industry of the state department of agriculture for expenses relating to the purchase of a replacement vehicle and support equipment for the transportation of weights and measures statewide; and providing other matters properly relating thereto.
[Approved June 26, 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 division of plant industry of the department of agriculture the sum of $125,000 for payment of expenses relating to the purchase of a replacement vehicle and support equipment for the transportation of weights and measures statewide.
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 upon passage and approval.
________
Assembly Bill No. 421Committee on Health and Welfare
CHAPTER 465
AN ACT relating to the protection of children; authorizing the appointment of a panel of citizens to conduct a periodic review of the placement of a child in need of protection; authorizing a court to place such a child in the permanent custody of a suitable relative; authorizing the court to dispense with certain hearings to review the disposition of the case if the permanent placement of the child has been approved by the court; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. For the purposes of conducting the semiannual review required by NRS 432B.580, the judge or judges of the court may by mutual consent appoint a panel of three or more persons. The persons so appointed shall serve without compensation and at the pleasure of the court.
κ1991 Statutes of Nevada, Page 1359 (CHAPTER 465, AB 421)κ
Sec. 3. 1. If the permanent placement of a child has been approved by the court, the court may enter an order dispensing with the annual hearings otherwise required by NRS 432B.590. The order must indicate that the plan for the placement of the child provides for his permanent placement in the home of a specific relative, foster parent or adoptive parent, unless the court determines that identification of that person would create a risk of harm to the child.
2. If the child is subsequently removed from his permanent placement or the plan for his permanent placement is subsequently changed, the agency acting as the custodian of the child shall notify the court within 30 days after the removal or change. The court shall, after receiving the notification, resume the annual hearings required by NRS 432B.590. The court shall review the permanent placement of the child not later than 6 months after the date of the removal of the child or the change in the plan, whichever is earlier.
Sec. 4. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that the child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the courts attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
κ1991 Statutes of Nevada, Page 1360 (CHAPTER 465, AB 421)κ
Sec. 5. NRS 432B.580 is hereby amended to read as follows:
432B.580 1. [If] Except as otherwise provided in this section, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to section 2 of this act.
2. [The] An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court , or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. A copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.
3. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or the custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to [the court.] it.
4. Notice of the hearing must be given by registered or certified mail to all parties of any of the prior proceedings, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
5. The court or panel may require the presence of the child at the hearing.
6. The court or panel shall review:
(a) The continuing necessity for and appropriateness of the placement;
(b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and
(d) The date the child may be returned to his home or placed for adoption or under a legal guardianship.
Sec. 6. NRS 432B.590 is hereby amended to read as follows:
432B.590 1. [The] Except as otherwise provided in section 3 of this act, the court shall hold a hearing concerning the permanent placement of the child no later than 18 months after the [hearing on the disposition held pursuant to subsection 5 of NRS 432B.530] most recent removal of the child from his home and annually thereafter. Notice of this hearing must be given by registered or certified mail to all parties of the dispositional proceeding, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
2. The court may require the presence of the child at the hearing.
3. At the hearing the court shall establish a plan for the permanent placement of the child and determine whether:
(a) The child should be returned to his parents or other relatives;
(b) The childs placement in the foster home or other similar institution should be continued; or
(c) In the best interests of the child, proceedings to [terminate] :
κ1991 Statutes of Nevada, Page 1361 (CHAPTER 465, AB 421)κ
(1) Terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; or [to establish]
(2) Establish a guardianship pursuant to chapter 159 of NRS ,
should be initiated.
4. This hearing may take the place of the hearing for review required [under] by NRS 432B.580.
________
Assembly Bill No. 312Assemblyman Carpenter
CHAPTER 466
AN ACT relating to the Elko Convention and Visitors Authority; revising the provisions governing the membership of the governing body; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 564, Statutes of Nevada 1989, at page 1194, is hereby amended to read as follows:
Sec. 8. 1. The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:
(a) [Two members] One member appointed by the board of supervisors of the City of Elko, [both of whom must be current members] who must be a current member of the board of supervisors;
(b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;
(c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority [, appointed by those members appointed pursuant to paragraphs (a) and (b).] ; and
(d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.
2. Subject to the provisions of [subsections 4 and 6,] subsection 3, the terms of those [elected officers] members appointed pursuant to paragraphs (a) and (b) of subsection 1 [,] are coterminous with their respective terms in their specified elective offices.
3. [Subject to the provisions of subsections 4 and 6, the terms of the other members of the Board are 4 years.
4. Any member of the Board appointed pursuant to paragraph (c) of subsection 1 may be reappointed to not more than two additional, consecutive terms.] Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause. [Those members appointed pursuant to paragraph (c) of subsection 1 may be removed by the vote of three other members of the Board with or without cause.
κ1991 Statutes of Nevada, Page 1362 (CHAPTER 466, AB 312)κ
subsection 1 may be removed by the vote of three other members of the Board with or without cause.
5.] 4. Any vacancy occurring among the members of the Board appointed under paragraph (a) or (b) of subsection 1 [,] must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the board [appointed under] elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by [the members of the Board who were appointed under paragraphs (a) and (b).
6.] appointment by the board of county commissioners of Elko County. The member appointed by the board of county commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the board of county commissioners but must meet the residency requirements for the vacant position.
5. If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area [he was appointed to represent,] specified in the paragraph under which he was elected or appointed, he is automatically disqualified from serving on the Board. A disqualified members position must be filled by the prompt appointment of a successor [by:
(a) The board which originally appointed the member removed, if he was appointed under paragraph (a) or (b) of subsection 1;
(b) Those members appointed under paragraphs (a) and (b), if the member removed was appointed under paragraph (c) of subsection 1.
7.] in the manner specified in subsection 4.
6. The term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.
7. A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file an affidavit of candidacy with the county clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The county clerk shall designate the seat which will have an initial term of 2 years before any candidate files an affidavit of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this state and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. The Board shall reimburse the county clerk for all costs of each general authority election. Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.
κ1991 Statutes of Nevada, Page 1363 (CHAPTER 466, AB 312)κ
this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.
Sec. 2. Section 9 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 564, Statutes of Nevada 1989, at page 1196, is hereby amended to read as follows:
Sec. 9. 1. The Board shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon election or acceptance of his appointment, file with the Clerk of Elko County his oath of office.
2. No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his official representative capacity.
3. [In January of each odd-numbered year,] At the first meeting of the Board following each general authority election, the Board shall choose one of its members as chairman and one of its members as vice chairman, and shall appoint or hire a secretary and a treasurer, who must not be members of the Board. The secretary and treasurer may not be one person.
4. The secretary shall keep a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. The minute book and records are open to the inspection of all interested persons, at all reasonable times and places.
5. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board. The treasurer shall file with the County Clerk, at the Authoritys expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the treasurer.
6. The board [may] shall appoint the Elko County treasurer and auditor to act as treasurer and auditor of the Authority. The treasurer and auditor may employ such persons as are necessary to carry out the duties of the treasurer and auditor of the Authority. The Board shall determine the salary of each person employed pursuant to this subsection. The salaries and expenses of the employees must be paid by the Board from the money of the Authority.
7. The Board shall meet regularly at a time and in a place to be designated by it. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.
8. The Board may require from an officer or employee of the Authority, except a member of the Board, sufficient security for the faithful and honest performance of his duties. A blanket fidelity bond or blanket position bond, or other type of bond suitable for public employees or officers, may be furnished at the expense of the Authority for an officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his duties.
κ1991 Statutes of Nevada, Page 1364 (CHAPTER 466, AB 312)κ
Sec. 3. 1. The terms of the members of the Board of Governors of the Elko Convention and Visitors Authority who are serving on July 1, 1991, expire on that date.
2. As soon as practicable after July 1, 1991:
(a) The board of supervisors of the City of Elko and the board of county commissioners of Elko County shall appoint members pursuant to paragraphs (a) and (b), respectively, of subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as amended by this act; and
(b) The board of county commissioners of Elko County shall appoint members who meet the residency requirements of paragraphs (c) and (d) of subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as amended by this act, to terms that expire upon the qualification of their successors, who must be elected at the general authority election in 1992.
Sec. 4. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 261Committee on Education
CHAPTER 467
AN ACT relating to education; allowing temporary suspension of pupils in program of special education without approval of board of trustees of school district; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this [subsection,] section, any pupil who commits a battery which results in the bodily injury of an employee of the school or sells or distributes any controlled substance, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.
2. Except as otherwise provided in [subsection 3,] this section, any pupil who is found in possession of a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from the school, although he may be placed in another kind of school for a period not to exceed the equivalent of one semester for that school. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school.
3. Subsection 2 does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
κ1991 Statutes of Nevada, Page 1365 (CHAPTER 467, AB 261)κ
may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
4. Any pupil in grades 1 to 6, inclusive, [or any pupil who is participating in a program of special education for children who are impaired, either emotionally or mentally in growth and development,] may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action [.] in accordance with the procedural policy adopted by the board for such issues.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsections 1 and 2.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Education of the Handicapped Act (20 U.S.C. §§ 1400 et seq.).
6. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance or device, dirk, dagger, pistol, revolver or other firearm, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350.
Sec. 2. NRS 392.467 is hereby amended to read as follows:
392.467 1. Except as otherwise provided in [subsection 4,] subsections 4 and 5, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.
2. [No] Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted under this section. Such hearings must be closed to the public.
4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
κ1991 Statutes of Nevada, Page 1366 (CHAPTER 467, AB 261)κ
solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Education of the Handicapped Act (20 U.S.C. §§ 1400 et seq.).
________
Senate Bill No. 544Senators Rawson, Hickey and Coffin
CHAPTER 468
AN ACT relating to education; authorizing a reduction in the minimum number of school days in a school district with a 12-month school program if an equivalent or greater number of hours of instruction are provided; and providing other matters properly relating thereto.
[Approved June 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
2. The superintendent of public instruction may upon application by the board of trustees authorize a reduction of not more than 10 school days in a particular district to establish or maintain a 12-month school program [.] if the board of trustees demonstrates that the proposed schedule provides for an equivalent or greater number of hours of instruction.
3. Each school district shall schedule at least 3 contingent days of school in addition to the [180] number of days required by [subsection 1,] this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
4. If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.
κ1991 Statutes of Nevada, Page 1367 (CHAPTER 468, SB 544)κ
5. The state board of education shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
Sec. 2. This act becomes effective on July 1, 1991.
________
Senate Bill No. 526Committee on Natural Resources
CHAPTER 469
AN ACT relating to water; authorizing the state engineer to require additional studies before approving an application to transfer water; authorizing the state engineer to issue temporary permits; providing a tax for the transfer of certain water; providing for a plan to mitigate adverse economic effects of transferring water; and providing other matter properly relating thereto.
[Approved June 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. If the state engineer determines that a hydrological study, an environmental study or any other study is necessary before he makes a final determination on an application pursuant to NRS 533.370 and the applicant, a governmental agency or other person has not conducted such a study or the required study is not available, the state engineer shall advise the applicant of the need for the study and the type of study required.
2. The required study must be conducted by the state engineer or by a person designated by him, the applicant or a consultant approved by the state engineer, as determined by the state engineer.
3. The applicant shall bear the cost of a study required pursuant to subsection 1. A study must not be conducted by the state engineer of by a person designated by him until the applicant has paid a cash deposit to the state engineer which is sufficient to defray the cost of the study.
4. The state engineer shall:
(a) Consult with the applicant and the governing body of the county or counties in which the point of diversion and the place of use is located concerning the scope and progress of the study.
(b) Send a copy of the completed study to all attorneys of record, to a public library, if any, or other public building located in the county of origin, to the county or counties in which the point of diversion and the place of use is located and to the governing bodies of the county of origin and of the county or counties in which the point of diversion and the place of use is located.
5. The state engineer may adopt regulations to carry out the provisions of this section.
κ1991 Statutes of Nevada, Page 1368 (CHAPTER 469, SB 526)κ
Sec. 3. 1. All money collected pursuant to subsection 3 of section 2 of this act must be deposited with the state treasurer for credit to a special account for studies concerning water.
2. The interest and income earned on the money in the account for studies concerning water, after deducting any applicable charges, must be credited to the account.
3. The money received pursuant to subsection 3 of section 2 of this act must be used to defray the cost of conducting the studies required pursuant to subsection 1 of section 2 of this act. Any money paid by an applicant that exceeds the amount required to conduct a study must be refunded to the applicant.
4. Any balance remaining in the account does not revert to the state general fund at the end of the fiscal year.
Sec. 4. The state engineer shall reject the application and refuse to issue a permit to appropriate water for a specified period if he determines that:
1. The application is incomplete;
2. The prescribed fees have not been paid;
3. The proposed use is not temporary;
4. There is no water available from the proposed source of supply without exceeding the perennial yield or safe yield of that source;
5. The proposed use conflicts with existing rights; or
6. The proposed use threatens to prove detrimental to the public interest.
Sec. 5. 1. If a county of origin has not imposed a tax on the transfer of water pursuant to section 6 of this act, an applicant and the governing body of the county of origin may execute a plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county. If such a plan is executed, the plan is binding on the county of origin and the applicant or his successor.
2. A plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county may include, but is not limited to, provisions concerning:
(a) The reservation of designated water rights to the county of origin; and
(b) Compensation for the foreseeable effects of the transfer.
3. If a plan is executed pursuant to subsection 1, the applicant shall submit the plan to the state engineer. The state engineer may modify a plan executed pursuant to subsection 1 if a provision of the plan:
(a) Violates a specific statute; or
(b) Becomes impossible or impracticable to put into effect.
Sec. 6. 1. If an application or applications to appropriate ground water would result in the transfer of water to be used in a county in this state other than the county in which the water is to be appropriated or in another state, the county of origin may impose a tax of $6 per acre-foot per year on the transfer.
2. All money collected from this tax must be deposited in a trust fund for the county. The principal and interest of the trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.
3. For the purposes of this section, if a basin includes land lying in more than one county each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it.
κ1991 Statutes of Nevada, Page 1369 (CHAPTER 469, SB 526)κ
origin to the extent of the proportionate amount of water transferred from it. The state engineer shall determine the respective proportions.
4. As used in this section:
(a) A basin is one designated by the state engineer for the purposes of chapter 534 of NRS.
(b) Origin means the place where water is taken from underground.
Sec. 7. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in NRS 533.345 and 533.372 and this section and [subsection 5] section 4 of this act, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees; and
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the districts efficiency in its delivery or use of water.
2. Except as otherwise provided in subsection 5, the state engineer shall either approve or reject each application within 1 year after the final date for filing protest. However:
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection 5, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.
4. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. If the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.
5. The provisions of subsections 1, 2 and 3 do not apply to an application for an environmental permit.
Sec. 8. Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1370κ
Senate Bill No. 457Committee on Taxation
CHAPTER 470
AN ACT relating to taxation; providing an exemption for certain systems used to convert solar energy into electricity; and providing other matters properly relating thereto.
[Approved June 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. All property, both real and personal, is exempt from taxation to the extent that the property is used as an active system to utilize solar energy. If such a system is installed in a building used primarily for another purpose, any value added by the system to the building must be excluded from the assessed value of the building.
2. As used in this section, an active system to utilize solar energy is one which uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:
(a) Heating water for domestic, recreational, therapeutic or commercial use;
(b) Heating or cooling air;
(c) Production of electricity;
(d) Industrial heating; or
(e) Mechanical energy.
Sec. 2. NRS 361.079 is hereby amended to read as follows:
361.079 1. As used in this section, qualified system means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential, commercial or industrial building to heat or cool the building or water used in the building, or to provide electricity used in the building, by using:
(a) [Solar or wind energy;] Energy from the wind or from solar devices not thermally insulated from the area where the energy is used;
(b) Geothermal resources;
(c) Energy derived from conversion of solid wastes; or
(d) Water power,
from conforms to standards established by regulation of the department.
2. For any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.
Sec. 3. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1371κ
Assembly Bill No. 455Committee on Government Affairs
CHAPTER 471
AN ACT relating to the control of floods; clarifying the authority of districts for the control of floods to establish standards and criteria for the design of systems for drainage; limiting the approval required for projects for the control of floods; allowing counties in certain circumstances to borrow money and issue securities for purposes relating to the control of floods; and providing other matters properly relating thereto.
[Approved June 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 543.360 is hereby amended to read as follows:
543.360 The board may:
1. By the affirmative vote of two-thirds of its members, acquire, construct, improve, extend, maintain and operate:
(a) Projects and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district but flow into the district. Such a project or improvement must not be acquired unless it is included in the master plan.
(b) Projects which mitigate the adverse effect of the acquired projects.
(c) Projects which are required as a result of the proposed alteration or diversion of a natural watercourse identified in the master plan for the control of drainage.
[A] Unless unanimously approved by the board and the governing body of the local government in whose jurisdiction the project or improvement is located, a project or improvement must not be acquired unless it is first approved by an agreement among the county and all the cities all or part of whose territory is included in the hydrographic area which specifically identifies it, contains an estimate of its cost, and shows its relation to the master plan.
2. Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing them to percolate into the soil within or without the district.
3. Save and conserve in any manner all or any of such waters and protect from floods or storm waters the watercourses, watersheds, public highways, life and property in the district.
4. Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.
5. Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.
Sec. 2. NRS 543.460 is hereby amended to read as follows:
543.460 The board [shall have the power:
1. To carry] may:
1. Carry on technical and other investigations of all kinds.
2. [To make] Make measurements, collect data [,] and make analyses, studies and inspections pertaining to the control of floods and the use of floodwater.
3. [To engage] Engage in research.
κ1991 Statutes of Nevada, Page 1372 (CHAPTER 471, AB 455)κ
4. [To participate] Participate or cooperate with local, state and federal agencies or private or public corporations in the development of such new techniques or processes as may apply to the field of water management, both within and without the district.
5. Establish standards and criteria concerning the design of systems for drainage.
Sec. 3. NRS 543.595 is hereby amended to read as follows:
543.595 1. The board shall adopt uniform regulations for the control of drainage, in accordance with the master plan, from land which is developed after the regulations become effective. The regulations may include provisions for the granting of a variance by the board upon application by the governmental entity having jurisdiction and a showing of conditions which justify the variance. The board may grant a variance from the strict enforcement of the uniform regulations for that piece of property if the granting of the variance will not cause [a:] any:
(a) Detriment to the public good;
(b) Impairment of any affected natural resources; or
(c) Deviation from the intent and purpose of the districts master plan.
2. Before granting such a variance, the board [shall] must consider the effect of the proposed variance on the adjacent property, the entire hydrographic area and the continued implementation of the master plan.
3. On and after July 1, 1987, a county or city is not eligible to receive money, from the regional fund for the control of floods, for the acquisition of a project or improvement unless it has incorporated these regulations in its ordinances governing the subdivision of land, parcel maps, and division of land into large parcels. The county or city is then responsible for their enforcement, but the county or any city may bring an action against any of the others to compel enforcement in the latters territory.
4. The board may also require as a condition of granting money to a county or city that the recipient comply with [uniform] the standards and criteria developed by the board concerning the design of systems for drainage and with the policies established by the board for the design, construction, operation and maintenance of a project or improvement.
Sec. 4. NRS 543.597 is hereby amended to read as follows:
543.597 1. The districts chief engineer or any governmental entity may propose to [add to or change the districts master plan. Any such proposal] :
(a) Change the size, type or alignment of a facility on the districts master plan; or
(b) Amend the districts master plan. A proposed amendment must be submitted to the district.
2. Upon receipt of [such a proposal,] a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of its members, the board may adopt any proposed change which:
(a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;
(b) Is hydraulically similar to a proposed facility included in the master plan;
κ1991 Statutes of Nevada, Page 1373 (CHAPTER 471, AB 455)κ
(c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and
(d) Does not adversely affect the continued implementation of the master plan.
3. Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the [proposal] proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the [proposal] proposed amendment is determined to be generally consistent with [the] those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the districts master plan with the approval of two-thirds of the members of the board.
4. The board shall file a copy of any amendment [so] or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment [.
2. Upon] or change.
5. Except as otherwise provided in subsection 6, upon receipt of [such] an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the districts master plan approve the proposed amendment, it becomes effective.
[3. A change in the size, type or alignment of a facility may be authorized by the board without amending the master plan if the change:
(a) Is hydraulically similar to a proposed facility included in the master plan;
(b) Is the most cost-effective structural or regulatory means of controlling flood waters in the district; and
(c) Does not adversely affect the continued implementation of the master plan.]
6. If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.
Sec. 5. NRS 543.690 is hereby amended to read as follows:
543.690 1. Upon the conditions and under the circumstances set forth in NRS 543.170 to 543.830, inclusive, a district or, if requested by the district, the board of county commissioners of the county in which the district is situated, may:
(a) Borrow money and issue the following securities to evidence the borrowing, subject to the provisions of NRS [543.720 to 543.760,] 350.020 to 350.070, inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
κ1991 Statutes of Nevada, Page 1374 (CHAPTER 471, AB 455)κ
(4) Temporary bonds;
(5) Interim debentures; and
(6) Special assessment bonds; and
(b) Make [another type] any other contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board of directors of a district or the board of county commissioners may, on the behalf and in the name of the district [,] or the county, as the case may be, issue the securities, and in connection with any undertaking or facilities authorized in NRS 543.170 to 543.830, inclusive, [the board] may otherwise proceed as provided in the Local Government Securities Law.
3. The payment of general obligation securities issued pursuant to subsection 1 may be additionally secured by a pledge of any revenue from a tax imposed pursuant to NRS 543.600 on retail sales and the storage, use or other consumption of tangible personal property in the county.
4. At least 60 days before any general obligation bonds for a term of more than 10 years are issued pursuant to this section, the board of directors of the district shall publish a notice of the proposed issuance of long-term general obligation bonds in a newspaper of general circulation within the district. The notice must be published at least twice during the first 3 weeks of the 60 days. Each time the notice is published it must be at least as large as 5 inches high by 4 inches wide.
Sec. 6. NRS 543.700 is hereby amended to read as follows:
543.700 1. A district, upon the affirmative vote of a majority of the board, [is authorized to] may borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed.
2. Such short-term notes:
(a) [Shall] Must be payable from the fund for which the money was borrowed.
(b) [Shall mature before the close of the fiscal year in which the money is so borrowed.
(c) Shall] Must mature in accordance with the provisions of NRS 354.440.
(c) Must not be extended or funded except in compliance with NRS [543.710 to 543.760, inclusive.] 543.690.
Sec. 7. NRS 543.720, 543.730, 543.740 and 543.750 are hereby repealed.
Sec. 8. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1375κ
Assembly Bill No. 233Assemblymen Dini, Freeman, Bennett, Arberry, Myrna Williams, Norton, Price, Giunchigliani, Spitler, Porter, Petrak, Haller, Little, Anderson, Garner, Bache, Evans, Krenzer, Callister, Wendell Williams, Sader, Johnson, Wong and McGaughey
CHAPTER 472
AN ACT relating to motor vehicles; authorizing an eligible person to park a motor vehicle that displays special license plates for a disabled veteran in a space designated for a handicapped person; and providing other matters properly relating thereto.
[Approved June 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.408 is hereby amended to read as follows:
484.408 1. Any parking space designated for the handicapped must be indicated by a sign:
(a) Bearing the international symbol of accessibility with or without the words Parking, Handicapped Parking, Handicapped Parking Only, or Reserved for the Handicapped, or any other word or combination of words indicating that the space is designated for the handicapped;
(b) Stating Minimum fine of $100 for use by others or equivalent words; and
(c) The bottom of which must be not less than 4 feet above the ground.
2. A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:
(a) Special license plates for a handicapped person;
(b) A parking permit for a handicapped person; [or]
(c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible [.] ; or
(d) Special license plates for a disabled veteran and a special parking permit issued pursuant to NRS 482.384.
3. A person shall not use such a plate, permit or emblem for a vehicle for the purpose of parking in a space designated for the handicapped unless he is handicapped , a disabled veteran or is the driver of a vehicle in which a handicapped person or a disabled veteran is a passenger.
4. Any person who violates any provision of this section shall be punished:
(a) Upon the first offense by a fine of $100.
(b) Upon the second offense by a fine of $250.
(c) Upon the third or subsequent offense by a fine of not less than $250 nor more than $1,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1376κ
Assembly Bill No. 627Assemblymen Anderson, Norton, Bergevin, Little, Pettyjohn, Elliott, Scherer, Bayley, Heller, Petrak, Haller, Goetting, Bache, Lambert, Garner, Wong, Johnson, Humke, McGaughey, Evans, Porter, Bennett, Carpenter, Stout, Arberry, Callister, Giunchigliani and Price
CHAPTER 473
AN ACT relating to state lands; requiring the state land registrar to notify the governing body of a county or city before the sale, lease or transfer of state land; authorizing the governing body to hold a public hearing concerning such sale, lease or conveyance; and providing other matters properly relating thereto.
[Approved June 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state land registrar shall provide written notice of any proposed sale, lease or transfer of state land to:
(a) The governing body of the city in which the state land is located if the state land is located in an incorporated city; or
(b) The governing body of the county in which the state land is located if the state land is not located in an incorporated city.
The notice must inform the governing body that it may submit comments to the state land registrar concerning the proposed sale, lease or transfer within 30 days after receipt of the notice.
2. The governing body of a county or city may hold a public hearing on the proposed sale, lease or transfer of state land and transmit public comments received at the hearing to the state land registrar.
3. The state land registrar shall consider any comments received from the governing body of a county or city when determining whether it is in the best interest of the state to proceed with the sale, lease or transfer of state land.
Sec. 2. NRS 321.003 is hereby amended to read as follows:
321.003 1. The state land registrar shall assign any land or interest in land owned by the state which is needed for governmental purposes to the appropriate state agency for use and administration. Before a state agency erects a building or makes any other permanent improvement on land assigned to it, the agency shall notify the state land registrar, in a form prescribed by him, and shall not proceed with the construction or improvement until the state land registrar certifies the nature of and any encumbrances against the states title to the land, and certifies that the boundaries of the land assigned include the site of the proposed construction or improvement.
2. [When] If authorized by the legislature to lease or sell land or any interest therein, the division of state lands shall [do so] :
(a) Comply with the provisions of section 1 of this act; and
(b) Lease or sell the land or any interest therein upon the best terms available.
κ1991 Statutes of Nevada, Page 1377 (CHAPTER 473, AB 627)κ
3. The state land registrar shall execute on behalf of the state any lease, deed or other document by which any land or interest therein owned by the state is conveyed.
________
Senate Bill No. 157Committee on Finance
CHAPTER 474
AN ACT relating to traumatic brain injuries; requiring the rehabilitation division of the department of human resources to establish a program for persons with traumatic brain injuries; and providing other matters properly relating thereto.
[Approved June 27, 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 rehabilitation division of the department of human resources shall establish a program for persons with traumatic brain injuries.
2. The program may, subject to legislative appropriation, provide:
(a) The following services to persons with traumatic brain injuries:
(1) Treatment during the day on an outpatient basis;
(2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;
(3) Care provided in the home;
(4) Instruction in the skills required for independent living;
(5) Placement for jobs; and
(6) Counseling and treatment for the abuse of drugs or alcohol.
(b) Support services for families of persons with traumatic brain injuries.
(c) For the dissemination of information for the prevention of traumatic brain injuries.
3. The rehabilitation division shall evaluate the program and submit a report containing the evaluation and any recommended legislation to each regular session of the legislature.
4. As used in this section, traumatic brain injury means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and which 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:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.
________
κ1991 Statutes of Nevada, Page 1378κ
Senate Bill No. 158Committee on Finance
CHAPTER 475
AN ACT relating to traumatic brain injuries; requiring the division for review of health resources and costs of the department of human resources to establish a system for the reporting of information relating to persons with traumatic brain injuries; requiring each hospital to report certain information relating to persons with traumatic brain injuries; providing a penalty; and providing other matters properly relating thereto.
[Approved June 27, 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 the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Division means the division for review of health resources and costs of the department of human resources.
2. 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:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.
Sec. 3. The division shall:
1. Establish and maintain a system for the reporting of information relating to persons with traumatic brain injuries; and
2. Adopt regulations which prescribe the information which must be reported to the division and the procedure for reporting that information.
Sec. 4. 1. The chief administrative officer of each hospital in this state shall submit to the division the information required by the regulations adopted pursuant to section 3 of this act.
2. Any person who violates this section is guilty of a misdemeanor.
Sec. 5. Each year the division shall prepare and submit to the legislative commission a statistical report which summarizes and interprets the information obtained pursuant to section 3 of this act.
Sec. 6. A person who provides information to the division pursuant to section 3 of this act may not be held liable in a civil or criminal action for disclosing confidential information unless he has done so in bad faith or with malicious purpose.
________
κ1991 Statutes of Nevada, Page 1379κ
Senate Bill No. 159Committee on Finance
CHAPTER 476
AN ACT relating to traumatic brain injuries; requiring the rehabilitation division of the department of human resources to adopt regulations concerning the care of persons with traumatic brain injuries; and providing other matters properly relating thereto.
[Approved June 27, 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 rehabilitation division of the department of human resources shall adopt regulations concerning the care of persons with traumatic brain injuries. The division shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities for the care of such persons.
2. As used in this section, 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:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.
________
Assembly Bill No. 700Committee on Government Affairs
CHAPTER 477
AN ACT relating to public health; revising the composition of district boards of health; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.390 is hereby amended to read as follows:
439.390 1. A district board of health [shall] must consist of two members from each county, city or town which participated in establishing the district, to be appointed by the governing body of the county, city or town [wherein] in which they reside, together with one additional member to be chosen by the members so appointed.
2. [Not less than one of the members of the district board of health appointed by the board of county commissioners of each county shall] The additional member must be a physician licensed to practice medicine in this state.
κ1991 Statutes of Nevada, Page 1380 (CHAPTER 477, AB 700)κ
3. If the appointive members of the district board of health fail to choose the additional member within 30 days after the organization of the district health department, [such member] he may be appointed by the state health officer.
Sec. 2. In a county whose population is less than 400,000, the amendatory provisions of section 1 of this act apply only to appointments made on or after January 1, 1992.
Sec. 3. This act becomes effective on January 1, 1992.
________
Assembly Bill No. 547Assemblymen Johnson, Anderson, Carpenter, Petrak, Scherer, Sader, Freeman, Norton, Wendell Williams, Wong, Haller, Goetting, Bache, Gregory, Bennett, Callister, Evans, Arberry and Myrna Williams
CHAPTER 478
AN ACT relating to air quality; authorizing a local air pollution control agency to enforce certain regulations against existing indirect sources of air contaminants; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.493 is hereby amended to read as follows:
445.493 1. If any federal regulations relating to indirect sources become effective after January 17, 1977 [:
1. The] , the authority of a state agency to review new indirect sources may be exercised only:
(a) In the enforcement of those federal regulations; and
(b) To the extent enforcement by the state agency is required by the federal act.
2. [The governing body of each county and each city] The local air pollution control agency may enforce within its jurisdiction [the] against existing indirect sources any federal or state regulations relating to indirect sources or any regulations it adopts relating to indirect sources , [which are no more strict than the federal regulations,] to the extent that [local] :
(a) Local enforcement is not inconsistent with the requirements of [the federal act.] any federal law or regulation; and
(b) Enforcement is necessary to comply with the federal standards for ambient air quality.
________
κ1991 Statutes of Nevada, Page 1381κ
Assembly Bill No. 489Committee on Government Affairs
CHAPTER 479
AN ACT relating to real property; revising provisions governing approval of adjustments to boundary lines; requiring a professional land surveyor to perform a survey, set monuments and file a record of survey regarding an adjustment of boundary lines or a transfer of land involving abutting parcels; requiring a statement concerning property taxes to be filed with certain maps; and providing other matters properly relating thereto.
[Approved June 28, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A governing body that approves a division of land pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, may approve adjustments to boundary lines.
Sec. 3. 1. If a boundary line is adjusted or land is transferred pursuant to paragraph (c) of subsection 2 of NRS 278.461, a professional land surveyor shall perform a field survey, set monuments and file a record of survey pursuant to NRS 625.340.
2. A record of survey filed pursuant to subsection 1 must contain:
(a) A certificate by the professional land surveyor who prepared the map stating that:
(1) He has performed a field survey of the boundaries of the affected parcels;
(2) That all corners and angle points of the adjusted boundary line have been set; and
(3) The map is not in conflict with the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act.
(b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:
(1) He has examined the plat and approves and authorizes the recordation thereof;
(2) He agrees to execute the required documents creating any easement which is shown;
(3) He agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act;
(4) All property taxes on the land for the fiscal year have been paid; and
(5) That any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.
(c) A certificate by the governing body or its designated representative approving the adjustment of the boundary line.
κ1991 Statutes of Nevada, Page 1382 (CHAPTER 479, AB 489)κ
Sec. 4. 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 and sections 2 and 3 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 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 sections 2 and 3 of this act, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts 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:
κ1991 Statutes of Nevada, Page 1383 (CHAPTER 479, AB 489)κ
(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. 5. NRS 278.460 is hereby amended to read as follows:
278.460 1. A county recorder shall not file for record any final map unless the map:
(a) Contains all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance.
(b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.
2. Nothing contained in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, prevents the recording [under] pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, and any applicable local ordinances of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of [registered] professional land surveyors records of surveys.
3. A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.
Sec. 6. NRS 278.461 is hereby amended to read as follows:
278.461 1. A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.
2. A parcel map is not required when the division is for the express purpose of:
(a) The creation or realignment of a public right of way by a public agency.
(b) The creation or realignment of an easement.
(c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of [adjacent property] abutting parcels which does not result in the creation of any additional parcels.
(d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result of an operation of law.
3. A parcel map is not required for any of the following transactions involving land:
κ1991 Statutes of Nevada, Page 1384 (CHAPTER 479, AB 489)κ
(a) The creation of a lien, mortgage, deed of trust or any other security instrument.
(b) The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the department of transportation [under] pursuant to chapter 408 of NRS.
(e) Filing a certificate of amendment [under] pursuant to NRS 278.473.
4. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, until further divided.
5. Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.
Sec. 7. NRS 278.467 is hereby amended to read as follows:
278.467 1. If the parcel map is waived the authority which granted the waiver may require the preparation and recording of a document which contains:
(a) A legal description of all parts based on a system of rectangular surveys;
(b) A provision for the dedication or reservation of any road right of way or easement; and
(c) The approval of the authority which granted the waiver.
2. If a description by metes and bounds is necessary in describing the parcel division, it must be prepared by a professional land surveyor and bear his signature and stamp.
3. The person preparing the document may include the following statement:
This document was prepared from existing information (identifying it and stating where filed and recorded) and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.
4. A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.
Sec. 8. NRS 278.472 is hereby amended to read as follows:
278.472 1. After the planning commission or governing body has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or, if authorized by ordinance, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.]
κ1991 Statutes of Nevada, Page 1385 (CHAPTER 479, AB 489)κ
be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.
2. This map must be:
(a) Entitled Map of Division into Large Parcels.
(b) Filed with the governing body or planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or governing body or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date of the survey or based upon the most recent government survey and show the date of approval of the government survey and contain a certificate by the preparer that the parcels contain the number of acres shown for each parcel.
(e) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
3. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each lot.
(b) All roads or easements of access which exist and which the owner intends to offer for dedication, all roads or easements of access which are shown on the applicable master plan and all roads or easements of access which are specially required by the planning commission or governing body.
(c) Any easements for public utilities which exist or are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
Sec. 9. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. The governing body or planning commission must approve, conditionally approve or disapprove the final map basing its action upon the requirements of NRS 278.472, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission. If the map is disapproved, the governing body or planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. If the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.
κ1991 Statutes of Nevada, Page 1386 (CHAPTER 479, AB 489)κ
2. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
3. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.
(b) A certificate signed by the clerk of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body or the planning commission has expired.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.
4. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
5. The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.
Sec. 10. Section 133 of chapter 245, Statutes of Nevada 1991, 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, section 1 of Assembly Bill No. 567 of this session and sections 2 and 3 of [this act,] Assembly Bill No. 489 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 sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, 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.
κ1991 Statutes of Nevada, Page 1387 (CHAPTER 479, AB 489)κ
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 sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, 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. 11. Section 137 of Assembly Bill No. 221 of this session is hereby amended to read as follows:
Sec. 137. NRS 278.461 is hereby amended to read as follows:
278.461 1. A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
κ1991 Statutes of Nevada, Page 1388 (CHAPTER 479, AB 489)κ
2. A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with NRS 278.371, 278.373 to 278.378, inclusive, 278.461, 278.462, 278.464 and 278.466.
3. A parcel map is not required when the division is for the express purpose of:
(a) The creation or realignment of a public right of way by a public agency.
(b) The creation or realignment of an easement.
(c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels which does not result in the creation of any additional parcels.
(d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result of an operation of law.
[3.] 4. A parcel map is not required for any of the following transactions involving land:
(a) The creation of a lien, mortgage, deed of trust or any other security instrument.
(b) The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the department of transportation pursuant to chapter 408 of NRS.
(e) Filing a certificate of amendment pursuant to NRS 278.473.
[4.] 5. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, until further divided.
[5.] 6. Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.
Sec. 12. Sections 4, 8, 9 and 10 of this act become effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1389κ
Assembly Bill No. 475Committee on Legislative Functions and Elections
CHAPTER 480
AN ACT relating to campaign practices; providing for the disposition of contributions received by a candidate from an anonymous or unidentifiable contributor; limiting the amount of campaign contributions which may be given to a candidate for a city, county or state office; limiting the amount of campaign contributions a candidate for a city, county or state office may accept from a single source; requiring the disclosure of the contributions received by persons other than candidates; making various other changes relating to campaign practices; providing penalties; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 6, every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group and every committee for political action which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the total amount of contributions received on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.
2. The report of campaign contributions must identify each contribution in excess of $500. Contributions which a contributor has made cumulatively in excess of $500 since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution or contributions tabulated and reported on the form designed and provided by the secretary of state.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person may make his report to the appropriate officer by certified mail.
κ1991 Statutes of Nevada, Page 1390 (CHAPTER 480, AB 475)κ
his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
6. The provisions of this section do not apply to a political party or committee sponsored by a political party.
Sec. 3. 1. A member of an organization whose primary purpose is to provide support for legislators of a particular political party and house shall not solicit or accept contributions on behalf of the legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.
3. A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.
4. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 4. 1. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;
(b) Fifteen days before a general election or general city election whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report expenditures made on behalf of or against a question or group of questions on the ballot in excess of $500 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of $500 since the beginning of the first reporting period.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the groups own members on behalf of or against a question or group of questions must not be included in the report.
κ1991 Statutes of Nevada, Page 1391 (CHAPTER 480, AB 475)κ
own members on behalf of or against a question or group of questions must not be included in the report.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. if certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 5. 1. A natural person shall not make a contribution or contributions to a candidate for:
(a) A city, county, state or judicial office in a total amount which exceeds $2,000; or
(b) A statewide office in a total amount which exceeds $10,000,
during the period beginning on the day after the last general election for the office and ending on the day of the general election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 6. 1. A person, other than a natural person, political party or committee sponsored by a political party, shall not make a contribution or contributions to a candidate for:
(a) A city, county, state or judicial office in a total amount which exceeds $10,000; or
(b) A statewide office in a total amount which exceeds $20,000,
during the period beginning on the day after the last general election for that office and ending on the day of the general election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 6.5. 1. It is unlawful for a member of the legislature, the lieutenant governor or the governor to solicit or accept any monetary contribution for any political purpose during the period beginning:
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
κ1991 Statutes of Nevada, Page 1392 (CHAPTER 480, AB 475)κ
3. This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.
Sec. 7. 1. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the total amount of contributions received on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.
2. Each contribution in excess of $500 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions tabulated and reported on the form provided by the secretary of state.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 7.5. A candidate who receives a contribution of $100 or more from an anonymous or unidentifiable contributor shall, within 10 days after he receives the contribution, deliver the money to the state treasurer or donate the money to a nonprofit entity. The state treasurer shall deposit the money in the state general fund.
Sec. 8. 1. The filing officer shall give to each candidate who files his declaration of candidacy, acceptance of candidacy or affidavit of candidacy a copy of the form set forth in subsection 2. The filing officer shall inform the candidate that subscription to the code is voluntary.
2. The code must be in the following form:
κ1991 Statutes of Nevada, Page 1393 (CHAPTER 480, AB 475)κ
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty and fair play which every candidate for public office in the State of Nevada has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, the voters may exercise their constitutional right to vote for the candidate of their choice and that the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
1. I will conduct my campaign openly and publicly and limit attacks against my opponent to legitimate challenges to his voting record or qualifications for office.
2. I will not use character defamation or other false attacks on a candidates personal or family life.
3. I will not use campaign material which misrepresents, distorts or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which are intended to create or exploit doubts, without justification, about the personal integrity of my opposition.
4. I will not condone any dishonest or unethical practice which undermines the American system of free elections or impedes or prevents the full and free expression of the will of the voters.
I, the undersigned, as a candidate for election to public office in the State of Nevada, hereby voluntarily pledge myself to conduct my campaign in accordance with the principles and practices set forth in this code.
....................................................... .................................................
Date Signature of Candidate
3. A candidate who subscribes to the code and submits the form set forth in subsection 2 to the filing officer may indicate on his campaign materials that he subscribes to the code.
4. The secretary of state shall provide a sufficient number of copies of the form to the county clerks, registrar of voters and other filing officers.
Sec. 9. NRS 294A.004 is hereby amended to read as follows:
294A.004 Campaign expenses means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenditures contracted for or made to further directly the campaign for the election or defeat of [the candidate.] a candidate or group of candidates or the passage or defeat of a question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.
Sec. 10. NRS 294A.007 is hereby amended to read as follows:
294A.007 Contribution means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes the payment by any person other than a candidate of compensation for the personal services of another person which are rendered to a [candidate] :
1. Candidate;
κ1991 Statutes of Nevada, Page 1394 (CHAPTER 480, AB 475)κ
2. Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
3. Committee for political action which makes an expenditure on behalf of a candidate or group of candidates; or
4. Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot, without charge to the candidate [.] , person or committee.
Sec. 11. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) [Thirty days] The 15th day of the second month after the general election, for the remaining period up to 30 days after the general election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state [.] within 10 working days after he receives the report.
6. Each contribution in excess of $500 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.
κ1991 Statutes of Nevada, Page 1395 (CHAPTER 480, AB 475)κ
first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.
7. Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 12. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from 30 days after the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) [Sixty days] The 15th day of the second month after the general election, for the remaining period up to 30 days after the general election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state [.] within 10 working days after he receives the report.
6. Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 12.5. NRS 294A.035 is hereby amended to read as follows:
294A.035 1. Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:
κ1991 Statutes of Nevada, Page 1396 (CHAPTER 480, AB 475)κ
required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:
(a) Fifteen days before the primary city election, for the period from 30 days after the last election for that office up to 20 days before the primary city election;
(b) Fifteen days before the general city election, whether or not the candidate won the primary city election, for the period from 20 days before the primary city election up to 20 days before the general city election; and
(c) [Sixty days] The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.
2. Every candidate for city office where there is no primary city election shall so file those reports:
(a) Twenty days before the general city election, from the period from 30 days after the last election for that office up to 30 days before the general city election; and
(b) [Sixty days] The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.
3. The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.010 and 294A.020. The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.
Sec. 13. NRS 294A.041 is hereby amended to read as follows:
294A.041 1. Every person who [advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, municipal or township office or the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate or the passage or defeat of a question or group of questions on the ballot] is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and
(c) [Sixty days] The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election, report the expenditures made on behalf of [or against] a candidate [,] or group of candidates [, question or group of questions on the ballot] in excess of $500 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.
κ1991 Statutes of Nevada, Page 1397 (CHAPTER 480, AB 475)κ
report the expenditures made on behalf of [or against] a candidate [,] or group of candidates [, question or group of questions on the ballot] in excess of $500 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $500 since the beginning of the first reporting period. [The report must include a specific listing of any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.]
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the groups own members on behalf of [or against] a candidate [,] or group of candidates [, question or group of questions] must not be included in the report.
3. If the candidate is elected from one county , [or the question is submitted to the voters of only one county,] the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates , [or questions,] the reports must be made to the officer appropriate for each candidate [or question but need not be] and itemized by the candidate . [or question.] A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state [.] within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 14. NRS 294A.051 is hereby amended to read as follows:
294A.051 1. Each committee for political action shall , before it engages in any activity in this state, register with the secretary of state [,] on forms supplied by him.
2. The form must require:
[1.] (a) The name of the committee;
[2.] (b) The purpose for which it was organized;
[3.] (c) The names and addresses of its officers;
[4.] (d) If the committee for political action is affiliated with any other organizations, the name and address of each organization;
[5.] (e) The name and address of its resident agent; and
[6.] (f) Any other information deemed necessary by the secretary of state.
3. A committee for political action shall file with the secretary of state an amended form for registration within 30 days after any change in the information contained in the form for registration.
Sec. 15. NRS 294A.055 is hereby amended to read as follows:
294A.055 1. Except as otherwise provided in subsection 2, each committee for the recall of a public officer shall, not later than:
κ1991 Statutes of Nevada, Page 1398 (CHAPTER 480, AB 475)κ
(a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
report each contribution received or made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of $500.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of $500.
[3.] 4. Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
[4.] 5. Each contribution, whether from or to a natural person, association or corporation, in excess of $500, and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.
[5.] 6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 16. NRS 294A.056 is hereby amended to read as follows:
294A.056 1. Except as otherwise provided in subsection [2,] 3, each committee for the recall of a public officer shall, not later than:
(a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
report each expenditure made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $500.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $500.
κ1991 Statutes of Nevada, Page 1399 (CHAPTER 480, AB 475)κ
the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $500.
[3.] 4. The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $500 since the beginning of the first reporting period.
[4.] 5. Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
[5.] 6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 17. NRS 294A.065 is hereby amended to read as follows:
294A.065 1. The officer with whom a candidate files:
(a) A declaration of candidacy;
(b) An acceptance of candidacy; or
(c) An affidavit of candidacy,
shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.
2. The officer who is to receive reports pursuant to NRS 294A.041 and sections 2, 4 and 7 of this act, shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.
Sec. 18. NRS 294A.070 is hereby amended to read as follows:
294A.070 The secretary of state shall, within [10] 30 days after receipt of the reports required by NRS 294A.010, 294A.020, 294A.041, 294A.055 and 294A.056, and sections 2, 4 and 7 of this act, prepare and make available for public inspection a compilation of:
1. The total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required . [;]
2. The contributions made to a committee for the recall of a public officer in excess of $500 . [; and]
3. The expenditures exceeding $500 made by a:
(a) Person on behalf of a candidate other than himself.
(b) Person or group of persons on behalf of or against a question or group of questions on the ballot.
(c) Group of persons advocating the election or defeat of a candidate.
(d) Committee for the recall of a public officer.
4. The contributions in excess of $500 made to:
(a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.
(b) A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.
(c) A committee for political action which makes an expenditure on behalf of a candidate or group of candidates.
κ1991 Statutes of Nevada, Page 1400 (CHAPTER 480, AB 475)κ
Sec. 19. NRS 294A.080 is hereby amended to read as follows:
294A.080 If it appears that the provisions of NRS 294A.010, 294A.015, 294A.020, 294A.035, 294A.041, 294A.055 or 294A.056, or section 2, 4 or 7 of this act, have been violated:
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
________
Assembly Bill No. 462Assemblymen McGaughey, Bayley, Krenzer, Wong, Elliott, Norton, Hardy, Scherer, Gregory, Wendell Williams, Spriggs, Gibbons, Little, Stout, Arberry, Garner, Spitler, Price, Haller, Pettyjohn, Bache, Lambert, Callister, Porter, Goetting, Freeman and Humke
CHAPTER 481
AN ACT relating to districts for the control of floods; clarifying that a district is prohibited from expending money for any purpose other than to acquire, construct, improve, extend, maintain or operate a project or improvement for the control of flood or storm water in the district; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 543.650 is hereby amended to read as follows:
543.650 1. The proceeds of all taxes and charges levied or imposed for the support of the district and all other revenues received for its account from any source must be deposited in the regional fund for the control of floods. No money may be drawn from the fund except for the use of the district.
2. Whenever any indebtedness has been incurred by a district, the board may also levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may only be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and to provide extension of and betterments to the improvements of the district.
3. The board shall not use money in the regional fund for the control of floods or the reserve fund:
(a) For the construction, operation, maintenance, extension or repair of streets, highways or bridges, except as authorized pursuant to NRS 543.170 to 543.830, inclusive, or
(b) To supplement the budget of the county in which the district is located.
κ1991 Statutes of Nevada, Page 1401 (CHAPTER 481, AB 462)κ
Sec. 2. This act becomes effective on January 1, 1992.
________
Assembly Bill No. 417Assemblymen Scherer, Sader, Gregory, Porter, Johnson, Hardy, Petrak, Anderson, Carpenter, Bayley, Wendell Williams, Gibbons, Heller, Haller, McGinness, Lambert, Myrna Williams, Pettyjohn, Callister, Bergevin, McGaughey, Garner, Price, Humke, Dini, Marvel, Goetting, Wong, Stout, Spitler, Norton, Giunchigliani, Arberry, Krenzer, Bennett, Little and Freeman
CHAPTER 482
AN ACT relating to campaign practices; limiting the amount of campaign contributions which may be given to a candidate for a city, county, state, judicial or statewide office; limiting the amount of campaign contributions a candidate for a city, county, state, judicial or statewide office may accept from a single source; prohibiting certain public officers from soliciting or accepting monetary contributions during certain periods; providing penalties; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. A natural person shall not make a contribution or contributions to a candidate for:
(a) A city, county, state or judicial office in a total amount which exceeds $2,000; or
(b) A statewide office in a total amount which exceeds $10,000,
during the period beginning on the day after the last general election for the office and ending on the day of the general election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 3. 1. A person, other than a natural person, political party or committee sponsored by a political party, shall not make a contribution or contributions to a candidate for:
(a) A city, county, state or judicial office in a total amount which exceeds $10,000; or
(b) A statewide office in a total amount which exceeds $20,000,
during the period beginning on the day after the last general election for that office and ending on the day of the general election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a misdemeanor.
κ1991 Statutes of Nevada, Page 1402 (CHAPTER 482, AB 417)κ
Sec. 4. 1. A member of an organization whose primary purpose is to provide support for legislators of a particular political party and house shall not solicit or accept contributions on behalf of the legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.
3. A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.
4. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 5. 1. It is unlawful for a member of the legislature, the lieutenant governor or the governor to solicit or accept any monetary contribution for any political purpose during the period beginning:
(a) Thirty day before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.
________
Assembly Bill No. 124Committee on Government Affairs
CHAPTER 483
AN ACT relating to planning; authorizing the inclusion of a safety plan within a master plan in certain counties; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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] may 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:
κ1991 Statutes of Nevada, Page 1403 (CHAPTER 483, AB 124)κ
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 level of air pollution .[level.]
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public [funds] money 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 types 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.] Assembly Bill No. 567 of this session.
(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) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from such hazards.
κ1991 Statutes of Nevada, Page 1404 (CHAPTER 483, AB 124)κ
(l) 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)] (m) Solid waste disposal plan. Showing general plans for disposal of solid waste.
[(m)] (n) 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,] streets, and numbering houses with , recommendations concerning proposed changes.
[(n)] (o) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(o)] (p) 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.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 607Committee on Judiciary
CHAPTER 484
AN ACT relating to the department of prisons; requiring the director of the department of prisons to apply credit to the term of imprisonment of certain offenders who successfully complete a program of treatment for the abuse of alcohol or drugs; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of not more than 30 days from the length of his remaining sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources.
κ1991 Statutes of Nevada, Page 1405 (CHAPTER 484, SB 607)κ
and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
________
Senate Bill No. 535Committee on Judiciary
CHAPTER 485
AN ACT relating to gaming; limiting to resort hotels the issuance of a nonrestricted gaming license in certain counties; exempting race books and sports pools from the limitation; authorizing local governments to adopt more extensive standards for resort hotels than are required by state law; and providing other matters properly relating thereto.
[Approved June 28, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Resort hotel means any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public and that has:
1. More than 200 rooms available for sleeping accommodations;
2. At least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
3. At least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and
4. A gaming area within the building or group of buildings.
Sec. 3. 1. The commission shall not approve a nonrestricted license, other than for the operation of a race book or sports pool, for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.
2. A county, city or town may require resort hotels to meet standards in addition to those required by this chapter as a condition of issuance of a gaming license by the county, city or town.
Sec. 4. 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, sections 2 and 3 of Assembly Bill No. 554 of this session, [and] sections 3 and 4 of [this act,] Assembly Bill No. 423 of this session, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. Section 3 of this act does not apply to:
1. Any application for a nonrestricted license filed with the state gaming control board before July 1, 1992; or
κ1991 Statutes of Nevada, Page 1406 (CHAPTER 485, SB 535)κ
2. Any establishment that holds or held a nonrestricted license issued before July 1, 1992, unless the establishment ceases gaming operations for more than 2 years after July 1, 1992.
Sec. 6 This act becomes effective on July 1, 1992.
________
Senate Bill No. 528Committee on Taxation
CHAPTER 486
AN ACT relating to taxation; broadening the application of the requirement for mailing a notice of a determination of deficiency for the collection of taxes; clarifying the provision concerning the payment of a penalty for the failure to pay certain taxes or fees; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 2, 3 and 4 and in NRS 375A.180 and 375B.210, every notice of the determination of a deficiency issued by the department must be personally served or mailed within 3 years after the last day of the calendar month following the period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires later.
2. In the case of a failure to make a return, or a claim for an additional amount, every notice of determination must be mailed or personally served within 8 years after the last day of the calendar month following the period for which the amount is proposed to be determined.
3. If, before the expiration of the time prescribed in this section for the mailing of a notice of determination, the taxpayer has signed a waiver consenting 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 if each agreement is made before the expiration of the period previously agreed upon.
4. This section does not apply to cases of fraud or intentional evasion of the provisions of this Title or any regulation adopted pursuant thereto.
Sec. 2. NRS 360.417 is hereby amended to read as follows:
360.417 Any person who fails to pay any tax provided for in chapter 362, 365, 369, 370, 372, 373 or 374 of NRS or fee provided for in NRS 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the [date on which the tax or fee became due] last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.
κ1991 Statutes of Nevada, Page 1407 (CHAPTER 486, SB 528)κ
the period for which the amount or any portion of the amount should have been reported until the date of payment.
Sec. 3. NRS 372.400 is hereby amended to read as follows:
372.400 1. If the department is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the state by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 372.430] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability as otherwise specified in this chapter.
Sec. 4. NRS 372.435 is hereby amended to read as follows:
372.435 1. If any person fails to make a return, the department shall make an estimate of the amount of the gross receipts of the person [,] or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use or other consumption of which in this state is subject to the use tax. The estimate must be made for the period or periods in respect to which the person failed to make a return and be based upon any information which is in the departments possession or may come into its possession. Upon the basis of that estimate, the department shall compute and determine the amount required to be paid to the state, adding to the sum thus arrived at a penalty equal to 10 percent of the sum. One or more determinations may be made for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 372.430] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability as otherwise specified in this chapter.
Sec. 5. NRS 372.635 is hereby amended to read as follows:
372.635 Except as otherwise provided in NRS 360.235:
1. No refund may be allowed unless a claim for it is filed with the department within 3 years [from] after the last day of the month following the close of the period for which the overpayment was made [,] or, with respect to determinations made [under] pursuant to NRS 372.400 to 372.455, inclusive, within 6 months after the determinations become final, or within 6 months [from] after the date of overpayment, whichever period expires later.
2. No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to [NRS 372.430.] section 1 of this act.
Sec. 6. NRS 374.405 is hereby amended to read as follows:
374.405 1. If the department is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the county by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession.
κ1991 Statutes of Nevada, Page 1408 (CHAPTER 486, SB 528)κ
the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 374.435] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued [prior to] before the due date of the liability as otherwise specified in this chapter.
Sec. 7. NRS 374.440 is hereby amended to read as follows:
374.440 1. If any person fails to make a return, the department shall make an estimate of the amount of the gross receipts of the person [,] or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use or other consumption of which in the county is subject to the use tax. The estimate [shall] must be made for the period or periods in respect to which the person failed to make a return and [shall] must be based upon any information which is in the departments possession or may come into its possession. Upon the basis of this estimate, the department shall compute and determine the amount required to be paid to the county, adding to the sum thus arrived at a penalty equal to 10 percent thereof. One or more determinations may be made for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 374.435] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued [prior to] before the due date of the liability as otherwise specified in this chapter.
Sec. 8. NRS 374.640 is hereby amended to read as follows:
374.640 Except as otherwise provided in NRS 360.235:
1. No refund may be allowed unless a claim for it is filed with the department within 3 years [from] after the last day of the month following the close of the period for which the overpayment was made [,] or, with respect to determinations made [under] pursuant to NRS 374.405 to 374.460, inclusive, within 6 months after the determinations become final, or within 6 months [from] after the date of overpayment, whichever period expires later.
2. No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to [NRS 374.435.] section 1 of this act.
Sec. 9. NRS 375A.180 is hereby amended to read as follows:
375A.180 1. In a case not involving a false or fraudulent return or failure to file a return, if the department determines at any time after the tax is due, but not later than 4 years after the return is filed [,] unless a longer period is provided by federal law, that the tax disclosed in any return required to be filed by NRS 375A.015 to 375A.345, inclusive, is less than the tax disclosed by its examination, a deficiency must be determined. That determination may also be made within such time after the expiration of the [4-year] period as may be agreed upon in writing between the department and the personal representative.
κ1991 Statutes of Nevada, Page 1409 (CHAPTER 486, SB 528)κ
2. For purposes of this section, a return filed before the last day prescribed by law for filing that return must be considered as filed on that last day.
Sec. 10. NRS 375B.210 is hereby amended to read as follows:
375B.210 1. In a case not involving a false or fraudulent return or failure to file a return, if the department determines at any time after the tax is due, but not later than 4 years after the return is filed [,] unless a longer period is provided by federal law, that the tax disclosed in any return required to be filed by this chapter is less than the tax owed to the State of Nevada, a deficiency must be determined. That determination may also be made within such time after the expiration of the [4-year] period as may be agreed upon in writing between the department and the person liable for the tax.
2. For purposes of this section, a return filed before the last day prescribed by law for filing that return must be considered as filed on that last day.
Sec. 11. NRS 372.430 and 374.435 are hereby repealed.
________
Senate Bill No. 456Committee on Judiciary
CHAPTER 487
AN ACT relating to punishment for crime; providing for credits toward the sentence of an offender who is paroled or who is convicted of a felony and sentenced to residential confinement; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 209.451, this section and section 3 of this act, unless the context otherwise requires:
1. Offender includes a person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176.2231 to 176.2237, inclusive, or 213.152 to 213.1528, inclusive.
Sec. 3. 1. An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is:
(a) Released on parole for a term less than life; or
(b) Sentenced, ordered or otherwise assigned to serve a term of residential confinement, must, if he has no serious infraction of the terms and conditions of his parole or residential confinement or the laws of this state recorded against him, be allowed for the period he is actually on parole or in residential confinement a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year.
κ1991 Statutes of Nevada, Page 1410 (CHAPTER 487, SB 456)κ
must, if he has no serious infraction of the terms and conditions of his parole or residential confinement or the laws of this state recorded against him, be allowed for the period he is actually on parole or in residential confinement a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is:
(a) Released on parole for a term less than life; or
(b) Sentenced, ordered or otherwise assigned to serve a term of residential confinement,
must, if he has no serious infraction of the terms and conditions of his parole or residential confinement or the laws of this state recorded against him, be allowed for the period he is actually on parole or in residential confinement a deduction of 10 days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section:
(a) Must, in addition to any credits earned pursuant to NRS 209.443, 209.446 and 209.449, be deducted from the maximum term imposed by the sentence.
(b) If earned while serving a term of residential confinement, apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
5. The director shall maintain records of the credits to which each offender is entitled pursuant to this section.
6. Nothing in this section authorizes or requires any person, court or other entity to sentence, order or otherwise assign an offender to serve a term of residential confinement.
Sec. 4. NRS 209.451 is hereby amended to read as follows:
209.451 1. If any offender:
(a) Commits any assault upon his keeper or any foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of any flagrant disregard of the regulations of the department [;] or of the terms and conditions of his residential confinement; or
(c) Commits any misdemeanor, gross misdemeanor or felony,
he forfeits all deductions of time earned by him before the commission of that offense, or forfeits such part of those deductions as the director considers just.
κ1991 Statutes of Nevada, Page 1411 (CHAPTER 487, SB 456)κ
2. If any offender commits a serious violation of any of the regulations of the department [,] or of the terms and conditions of his residential confinement, he may forfeit all or part of such deductions, in the discretion of the director.
3. A forfeiture may be made only by the director after proof of the offense and notice to the offender. The decision of the director regarding a forfeiture is final.
4. The director may restore credits forfeited for such reasons as he considers proper.
Sec. 5. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a parolee violates a condition of his parole, he forfeits all or part of the credits earned by him pursuant to section 3 of this act after his release on parole, in the discretion of the board.
2. A forfeiture may be made only by the board after proof of the violation and notice to the parolee.
3. The board may restore credits forfeited for such reasons as it considers proper.
4. The chief parole and probation officer shall report to the director of the department of prisons any forfeiture or restoration of credits pursuant to this section.
Sec. 6. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive [:] , and section 5 of this act:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. Standards means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief parole and probation officer.
Sec. 7. NRS 213.1519 is hereby amended to read as follows:
213.1519 1. Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the board for a violation of any rule or regulation governing his conduct:
(a) Forfeits all previously earned credits for good behavior ; [earned before his parole;] and
(b) Must serve such part of the unexpired term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for a violation of any rule or regulation governing his conduct:
(a) Forfeits all previously earned credits for good behavior ; [earned before his parole;]
(b) Must serve the entire unexpired term of his original sentence; and
(c) May not again be released on parole during his term of imprisonment.
κ1991 Statutes of Nevada, Page 1412 (CHAPTER 487, SB 456)κ
3. If a person, after his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.
Sec. 8. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 484Committee on Judiciary
CHAPTER 488
AN ACT relating to judgments; creating additional exemptions from execution; revising certain related notices; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 21.075 is hereby amended to read as follows:
21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION YOUR PROPERTY IS
BEING ATTACHED OR YOUR WAGES
ARE BEING GARNISHED
A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received under the Social Security Act.
2. Payments for benefits or the return of contributions under the public employees retirement system.
3. Payments for public assistance granted through the welfare division of the department of human resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
κ1991 Statutes of Nevada, Page 1413 (CHAPTER 488, AB 484)κ
7. Veterans benefits.
8. A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
9. A vehicle, if your equity in the vehicle is less than [$1,000.] $1,500.
10. Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).
12. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
13. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
κ1991 Statutes of Nevada, Page 1414 (CHAPTER 488, AB 484)κ
Sec. 2. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) [One] Except as otherwise provided in paragraph (o), one vehicle if the judgment debtors equity does not exceed [$1,000] $1,500 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraph (n), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
κ1991 Statutes of Nevada, Page 1415 (CHAPTER 488, AB 484)κ
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $95,000 in value and the dwelling is situate upon lands not owned by him.
(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
(o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(q) Money, not to exceed $100,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).
2. No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 3. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
κ1991 Statutes of Nevada, Page 1416 (CHAPTER 488, AB 484)κ
NOTICE OF EXECUTION YOUR PROPERTY IS
BEING ATTACHED OR YOUR WAGES
ARE BEING GARNISHED
Plaintiff, ....................(name of person,) alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received under the Social Security Act.
2. Payments for benefits or the return of contributions under the public employees retirement system.
3. Payments for public assistance granted through the welfare division of the department of human resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
7. Veterans benefits.
8. A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
9. A vehicle, if your equity in the vehicle is less than [$1,000.] $1,500.
10. Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).
12. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
13. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).
κ1991 Statutes of Nevada, Page 1417 (CHAPTER 488, AB 484)κ
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
Sec. 4. This act becomes effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1418κ
Assembly Bill No. 365Assemblymen Lambert, Spriggs, Freeman, Bennett, Petrak, Johnson, Hardy, Sader, Porter, Kerns, Carpenter, Elliott, McGaughey, Bergevin, Garner, Gregory, Gibbons, Krenzer, Little, McGinness, Stout, Heller, Myrna Williams, Humke, Arberry, Goetting, Bache, Pettyjohn, Price and Wong
CHAPTER 489
AN ACT relating to trade practices; prohibiting a business from recording certain numbers as a condition of accepting a check or a credit card; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection, a business shall not, without the customers consent, record the account number of any of a customers credit cards on the customers check or draft as a condition of accepting that check or draft. This subsection does not prohibit:
(a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, such as a drivers license or identification card, as a condition of accepting a check or draft.
(b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.
(c) The business from requesting the customer to record the account number of his credit card on the check or draft with which payment on the credit card account is being made.
(d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:
(1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;
(2) The issuer has agreed to guarantee any such check or draft so cashed; and
(3) The cardholder has given actual, apparent or implied authority for the use of his account number for this purpose.
2. Except as otherwise provided in this subsection, a business shall not, without the customers consent, record a customers telephone number on the credit card sales slip as a condition of accepting his credit card. This subsection does not:
(a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.
(b) Apply to a transaction in which the customer receives a cash advance against his credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.
κ1991 Statutes of Nevada, Page 1419 (CHAPTER 489, AB 365)κ
credit card has a contractual obligation to record in order to complete the transaction.
(c) Apply to a transaction in which the customers purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.
3. As used in this section, unless the context otherwise requires, credit card has the meaning ascribed to it in NRS 205.630.
________
Senate Bill No. 570Senators Glomb, Tyler and Cook
CHAPTER 490
AN ACT relating to children; expressing the intent of the legislature that law enforcement agencies give a high priority to the investigation of crimes concerning missing children; requiring the attorney general and district attorneys to give priority to cases concerning abducted children; requiring a governmental agency or a school district that receives a request for the records of a missing child to notify the clearinghouse for information concerning missing children; authorizing a law enforcement officer to take a child into protective custody under certain circumstances; prohibiting the aiding or abetting of certain offenses concerning children; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. It is the intent of the legislature that law enforcement agencies in this state give a high priority to the investigation of crimes concerning missing children.
Sec. 3. 1. A law enforcement agency, upon receiving and verifying a report of a missing child, other than a child who has run away, shall immediately transmit the full contents of the report by the fastest means available to the clearinghouse for information concerning missing children.
2. The clearinghouse shall, upon receipt of the report, immediately notify any governmental agency in possession of the birth certificate of the child and the superintendent of schools of the school district in possession of the educational records of the child that the child is missing.
3. Upon receiving such notification, the agency or superintendent shall:
(a) Maintain the birth certificate or educational records in such a manner as to ensure that the clearinghouse is notified immediately if a request is made for the birth certificate or educational records.
(b) Immediately notify the clearinghouse upon receiving any such request before releasing the birth certificate or educational records, including notification of the identity and location or address of the person making the request.
κ1991 Statutes of Nevada, Page 1420 (CHAPTER 490, SB 570)κ
(c) Not disclose to the person making the request any communication with the clearinghouse or the fact that a communication must be made.
Sec. 4. 1. A law enforcement agency shall act promptly in obtaining a warrant for the arrest of any person it has probable cause to believe is criminally responsible for the disappearance of a missing child.
Sec. 5. The attorney general or district attorney shall give cases concerning abducted children priority to expedite the arrest and conviction of the person criminally responsible for the disappearance or concealment of an abducted child.
Sec. 6. NRS 432.150 is hereby amended to read as follows:
432.150 As used in NRS 432.150 to 432.220, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Clearinghouse for information concerning missing children or clearinghouse means the program established by the attorney general pursuant to NRS 432.170.
2. Division means the investigation division of the department of motor vehicles and public safety.
[2.] 3. Missing child means a person under the age of 18 years who has run away or is otherwise missing from the care, custody and control of his parent or guardian.
Sec. 7. NRS 432.200 is hereby amended to read as follows:
432.200 1. A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as runaway, abducted by his parent, abducted by a stranger or cause of disappearance unknown, and shall:
(a) Transmit all available information about the child to the division within 36 hours after the report is received;
(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary; [and
(c) Within 15 days after receiving a report in which the child is classified as a runaway, and within 24 hours after receiving the report in all other cases, notify the National Crime Information Center of the childs disappearance.]
(c) Fully comply with the requirements of the National Child Search Assistance Act of 1990 (Title XXXVII of Public Law 101-647, 104 Stat. 4966); and
(d) Enter into the National Crime Information Centers Missing Person File, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted such unlawful abduction or detention.
2. A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the childs disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Centers Wanted Person File of identifying and descriptive information concerning:
(a) The suspect; and
(b) As miscellaneous information, the missing child.
κ1991 Statutes of Nevada, Page 1421 (CHAPTER 490, SB 570)κ
The agency shall cross-reference information entered pursuant to this section with the National Crime Information Centers Missing Person File.
3. If a missing child has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division may, ask the childs parent or guardian to consent to the release of the childs dental records. The law enforcement agency shall transmit all dental records so released to it to the division. The division shall, upon its receipt of the dental records of the missing child, compare those records with the dental records of unidentified deceased children. This subsection does not preclude the voluntary release of the missing childs dental records by his parent or guardian at any time.
[3.] 4. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency when he is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center [.] and the clearinghouse for information concerning missing children.
Sec. 8. NRS 125.510 is hereby amended to read as follows:
125.510 1. In determining custody of a minor child in an action brought under this chapter, the court may:
(a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the courts own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.
4. A party may proceed pursuant to this section without counsel.
5. All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS [.] and must contain the following language:
PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A FELONY BY UP TO 6 YEARS IN PRISON. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.
κ1991 Statutes of Nevada, Page 1422 (CHAPTER 490, SB 570)κ
an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.
6. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.
Sec. 9. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
A law enforcement officer who is conducting an investigation or making an arrest concerning the abduction of a child shall take the child into protective custody if he reasonably believes that the child is in danger of being removed from the jurisdiction.
Sec. 10. NRS 200.359 is hereby amended to read as follows:
200.359 1. Except as otherwise provided in subsection 5, every person having a limited right of custody to a child pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:
(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
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 less than $1,000 nor more than $5,000, or by both fine and imprisonment.
2. Except as otherwise provided in subsection 5, if a court has not made a determination regarding the custody of a child, a person who claims a right to custody or visitation of the child and who willfully detains, conceals or removes the child from another person who claims a right to custody or visitation with the intent to deprive that person of the custody or visitation shall be punished as provided in subsection 1. The provisions of this subsection do not apply to a person who removes the child if the child is in immediate danger of abuse or neglect , [and] the child is removed to protect him from abuse or neglect [.] and the person reports his action to a law enforcement agency or an agency which provides protective services to children within 24 hours after removing the child. As used in this subsection [, abuse or neglect] :
(a) Abuse or neglect has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.
κ1991 Statutes of Nevada, Page 1423 (CHAPTER 490, SB 570)κ
(b) Agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
3. Before an arrest warrant may be issued for a violation of this section, the court must find that:
(a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and
(b) There is probably cause to believe that the child has been wrongfully removed from the jurisdiction of the court and:
(1) Wrongfully removed from the physical custody of the person entitled to custody; or
(2) Wrongfully retained after a visit or other temporary relinquishment of physical custody.
4. Upon conviction, the court shall order the defendant to provide restitution for any expenses incurred by the parent, guardian or other person in locating or recovering the child.
5. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:
(a) The defendant has no prior conviction for this offense.
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
6. A person who aids or abets any other person to violate the provisions of this section shall be punished as provided in subsection 1.
________
Assembly Bill No. 104Assemblymen Myrna Williams, Porter, Price, Callister, Arberry, Goetting, McGaughey, Norton, Giunchigliani, Gregory, Carpenter, Spitler, Little, Krenzer, Wendell Williams, Scherer, Stout, Bayley, Hardy, Garner, Bennett, Petrak, Wong and Bache
CHAPTER 491
AN ACT relating to taxation; requiring the department of taxation to establish uniform standards and required training concerning the assessment of property by county assessors; revising the provisions governing the assessment roll of county assessors; revising the formula for the distribution of the proceeds of the supplemental city-county relief tax; authorizing certain counties to impose certain additional taxes to replace revenue lost as a result of the revision of the formula; making an appropriation; and providing other matters properly relating thereto.
[Approved June 28, 1991]
whereas, In 1981, the Nevada Legislature substantially revised the laws governing the financial structure of the local governments of this state; and
whereas, As part of that revision the supplemental city-county relief tax was imposed at the rate of 1.75 percent of taxable sales and a formula was enacted which allocated the revenue from that tax among the local governments; and
whereas, The amount of property taxes that each local government was allowed to receive was reduced by an amount equal to the amount of revenue from the supplemental city-county relief tax that was allocated to that local government; and
κ1991 Statutes of Nevada, Page 1424 (CHAPTER 491, AB 104)κ
from the supplemental city-county relief tax that was allocated to that local government; and
whereas, Various other controls were also instituted that limited the amount of revenue which could be received by a local government; and
whereas, The formula for the distribution of the supplemental city-county relief tax was based upon the replacement of equal amounts of property tax revenue and did not attempt to return a particular portion of the proceeds of the sales and use tax to the area in which they were collected; and
whereas, This legislature hereby finds and determines that it is more equitable to distribute the revenue from the supplemental city-county relief tax to the counties in which it was collected and to counties in which the persons who pay the tax may reside; and
whereas, The changes in the formula to accomplish the new goals necessitate changes that are different for each county and will cause shortfalls in revenue in some medium-sized counties which must be made up with new tax revenue; and
whereas, It is in the best interests of this state to continue to limit the total revenues received by local governments and therefore it is necessary to authorize new taxes only for certain medium-sized counties to retain the balance and ensure equity and fairness in taxation throughout the state; and
whereas, The legislature finds and declares that a general law cannot be made applicable to the situation because of the economic diversity of the local governments of this state, the unusual growth patterns in certain of those local governments and the special conditions experienced in certain counties related to the need to provide basic services; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.215 is hereby amended to read as follows:
360.215 The department [may:
1. Assist] :
1. May assist the county assessors in appraising property within their respective counties which the ratio study shows to be [assessed at more or less than 35 percent of its taxable value.
2. Consult] in need of reappraisal.
2. Shall consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to [the end] ensure that assessments of property by county assessors are made equal in each of the several counties of this state.
[3. Visit] These procedures must include uniform methods for:
(a) Assessing, projecting and reporting construction work in progress and other new property; and
(b) Counting and reporting housing units.
3. Shall visit a selective cross section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
κ1991 Statutes of Nevada, Page 1425 (CHAPTER 491, AB 104)κ
value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
4. [Carry] Shall carry on a continuing study, the object of which is the equalization of property values between counties.
5. [Carry] Shall carry on a program of in-service training for county assessors of the several counties of the state, and each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest methods, procedures and practices in assessing property. Expenses of attending such classes are a proper and allowable charge by the board of county commissioners in each county.
6. [Continually] Shall continually supervise assessment procedures which are carried on in the several counties of the state and advise county assessors in the application of such procedures. The department shall make a complete written report to each session of the legislature, which must include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which [such] the recommendations have been followed.
7. [Carry] Shall carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the department to the end that [such] the assessment is equalized with the property assessable by county assessors.
8. [Conduct] May conduct appraisals at the request of and in conjunction with any county assessor when [such] the assessor considers such assistance necessary. One-half of the cost of [such] the appraisal must be paid by the county. In lieu of a cash payment, the county may provide labor, material or services having a value equal to one-half of the appraisal cost.
9. Shall establish and maintain a manual of assessment policies and procedures.
Sec. 2. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.
2. If the county assessors fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow him a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.
3. Except as otherwise provided in subsection [3,] 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
(a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
κ1991 Statutes of Nevada, Page 1426 (CHAPTER 491, AB 104)κ
(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.
[3.] 4. A board of county commissioners may, in the resolution required by subsection [2,] 3, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection [2,] 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.
[4.] 5. The several boards of county commissioners in the state may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
[5.] 6. Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before January 1 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating its assessed valuation as determined from the appraisal or reappraisal.
7. If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include the dates for appealing the new assessed valuation.
8. Failure by the taxpayer to receive [such] a notice required by this section does not invalidate the appraisal or reappraisal.
Sec. 3. NRS 361.310 is hereby amended to read as follows:
361.310 1. On or before January 1 of each year, the county assessor of each of the several counties shall complete his [tax list or] assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of the affidavit must be filed immediately by the assessor with the department. The failure to take or subscribe to the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.
2. The county assessor [may] shall close his roll as to all changes [in ownership of property on December 1 of each year or on any other date which may be approved by the board of county commissioners. After January 1, the roll may be reopened for changes in ownership until June 15 or any other date approved by the board of county commissioners.
3. The county assessor may close his roll as to changes in the parceling of property on December 1 of each year or on any other date which may be approved by the board of county commissioners.] on the day he delivers it for publication. The roll may be reopened beginning the next day for changes that occur before July 1 in:
(a) Ownership;
(b) Improvements as a result of new construction, destruction or removal;
κ1991 Statutes of Nevada, Page 1427 (CHAPTER 491, AB 104)κ
(c) Land parceling;
(d) Site improvements;
(e) Zoning or other legal or physical restrictions on use;
(f) Actual use;
(g) Exemptions; or
(h) Items of personal property on the secured roll,
or to correct overassessments because of a factual error in size or age.
3. Any changes made after the roll is reopened pursuant to subsection 2 may be appealed to the county board of equalization in the current year or the next succeeding year.
4. Each county assessor shall keep a log of all changes in value made to the secured roll after it has been reopened. On or before October 31 of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada tax commission.
Sec. 4. NRS 361.335 is hereby amended to read as follows:
361.335 [1. As soon as completed, the assessment roll shall be delivered by the county assessor to the clerk of the board of county commissioners.
2. The] After the assessment roll has been completed pursuant to NRS 361.300, the clerk of the board of county commissioners shall thereupon immediately give notice thereof and of the time the county board of equalization will meet to equalize assessments. The notice [shall] must be given by publication in a newspaper of the county, if there is one so published in the county, and by posting at the front door of the courthouse, and in such additional manner as the board of county commissioners may direct.
[3. The assessment roll shall be open to inspection at all times, while in the possession of the clerk of the board of county commissioners, by any person of the county.
4. If the county assessor fails to deliver the assessment roll in the manner and at the time specified herein, no salary or other compensation shall be allowed him by the board of county commissioners for any day during which such roll is not so delivered unless excused by the board of county commissioners.]
Sec. 5. NRS 361.390 is hereby amended to read as follows:
361.390 Each county assessor shall:
1. File with or cause to be filed with the secretary of the state board of equalization, on or before the 1st Monday in March of each year, the tax roll, or a true copy thereof, of his county for the current year as corrected by the county board of equalization.
2. Prepare and file with the [secretary of the state board of equalization, on or before the 1st Monday in March of each year, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year.] department on or before January 31, and again on or before the first Monday in March, of each year a segregation report showing the assessed values for each taxing entity within the county on a form prescribed by the department. The assessor shall make any projections required for the current fiscal year. The department shall make any projections required for the upcoming fiscal year.
3. Prepare and file with the department on or before July 31 for the secured roll and on or before April 30 for the unsecured roll, a statistical report showing values for all categories of property on a form prescribed by the department.
κ1991 Statutes of Nevada, Page 1428 (CHAPTER 491, AB 104)κ
report showing values for all categories of property on a form prescribed by the department.
Sec. 6. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as otherwise provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes are due on the [first] third Monday of August.
2. Taxes assessed upon the real property tax roll may be paid in four equal installments.
3. Taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.
4. If a person elects to pay in quarterly installments, the first installment is due on the [first] third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
5. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.
(b) Any two quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.
(c) Any three quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.
(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.
6. Any person charged with taxes which are a lien on a mobile home who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:
(a) The entire amount of the taxes are due;
(b) A penalty of 10 percent of the taxes due;
(c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and
(d) The county assessor may proceed under NRS 361.535.
Sec. 6.5. NRS 377.055 is hereby amended to read as follows:
377.055 1. The department, shall monthly determine for each county an amount of money equal to the sum of:
(a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050 ; [and the sum of any amounts distributed pursuant to NRS 377.053;] and
(b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
κ1991 Statutes of Nevada, Page 1429 (CHAPTER 491, AB 104)κ
that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
2. The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:
(a) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.
(c) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.
3. The provisions of subsection 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined for the city and received from the state controller in the general fund.
4. For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.
Sec. 7. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month [, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Political Subdivision Percent-
age
Churchill County............................................................................... 3.23
City of North Las Vegas................................................................... 46.52
City of Carlin...................................................................................... 2.72
Esmeralda County............................................................................ .20
Eureka County................................................................................... .71
City of Winnemucca......................................................................... 5.56
City of Caliente.................................................................................. .46
City of Yerington............................................................................... 4.77
Mineral County.................................................................................. 9.96
City of Gabbs..................................................................................... 4.31
Pershing County................................................................................. 2.52
City of Lovelock................................................................................ 5.77
White Pine County............................................................................ 5.37
City of Ely........................................................................................... 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) For the fiscal years beginning on and after July 1, 1990, deposit in the emergency fund of the supplemental city-county relief tax the monthly amount required to replenish that fund as determined by the executive director.
κ1991 Statutes of Nevada, Page 1430 (CHAPTER 491, AB 104)κ
amount required to replenish that fund as determined by the executive director. On or before July 10 of each year the executive director shall determine the balance that existed in the emergency fund of the supplemental city-county relief tax as of June 30 of the preceding fiscal year and subtract that amount from $2,500,000 to determine the annual amount necessary to replenish the emergency fund. Upon determining the amount necessary to replenish the fund, the executive director shall divide that amount by 12 to determine the monthly amount required to replenish the fund and report that amount to the state controller.
(c) Distribute to each local government that is eligible to receive a portion of the tax, the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The amount remaining each month after any distributions required pursuant to NRS 377.053 and paragraphs (a) and (b) of subsection 1 must be distributed to the counties in the same proportion that the sum of the supplemental city-county relief tax distribution factors of the county and all local governments in the county that are eligible to receive the tax bears to the sum of the supplemental city-county relief tax distribution factors of all local governments in the state that are eligible to receive the tax, except that, only the portion of the supplemental city-county relief tax distribution factor of a city incorporated after July 1, 1988, which is attributable to any town that the city replaced may be included in the total of the supplemental city-county relief tax distribution factors of the local governments in the county and the state.] , except as otherwise provided in subsection 2:
(a) For Douglas, Esmeralda, Eureka, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state business, from the fiscal year preceding the immediately preceding fiscal year to the immediately preceding fiscal year; or
(2) The percentage change in the population of the county added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that, if the calculations required by subparagraphs (1) and (2) both produce negative numbers, the amount distributed to the county must not be less than of the amount distributed to the county is the 1991-1992 fiscal year.
(b) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for any fiscal year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same fiscal year, the state controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years.
κ1991 Statutes of Nevada, Page 1431 (CHAPTER 491, AB 104)κ
countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years.
3. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
[3.] 4. As used in this section, the basic ad valorem revenue [:
(a) Of] of each local government, except as otherwise provided in subsection 5 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals , [and assessed valuation of state property included in the calculation of the supplemental city-county relief tax factor,] for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
[(1)] (a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
[(2)] (b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
[(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
4.] 5. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
[5.] 6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
[6. For each fiscal year beginning on or after July 1, 1989, the supplemental city-county relief tax distribution factor of each local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax must be calculated as follows:
(a) The assessed valuation of the local government for the preceding fiscal year including the assessed valuation of property on the central assessment roll allocated to a local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, must be added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year.
κ1991 Statutes of Nevada, Page 1432 (CHAPTER 491, AB 104)κ
amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed valuation of new real property, possessory interests and mobile homes added to the assessment rolls in the past year and allocable to the local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, is the percentage by which the supplemental city-county relief tax distribution factor may increase over the amount for the previous year.
7. For the fiscal years beginning on and after July 1, 1990, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government, except a fire protection district to which the provisions of subsection 8 apply, exceeds 5 percent of the total assessed valuation of the local government, an amount equal to any increase over the preceding fiscal year in the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 6 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.
8. The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the supplemental city-county relief tax distribution factor of any fire protection district in which such property is located.
9. If a local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax levies a tax ad valorem for debt service for an obligation which has previously been repaid from another source, the supplemental city-county relief tax distribution factor of that local government calculated pursuant to this section must be reduced by the amount of that debt levy.
10. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the supplemental city-county relief tax distribution factor for the county calculated pursuant to this section must be reduced by an equal amount.
11.] 7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
[12.] 8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
κ1991 Statutes of Nevada, Page 1433 (CHAPTER 491, AB 104)κ
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
[13.] 9. A local government may use the estimate provided by the executive director pursuant to subsection [12] 8 in the preparation of its budget.
Sec. 7.5. NRS 244A.755 is hereby amended to read as follows:
244A.755 1. If a project is for the generation and transmission of electricity, payments must be made as provided in this section:
(a) In lieu of ad valorem taxes on property owned by the county, and distributed in the same manner as those taxes would be distributed pursuant to NRS 361.320; and
(b) In lieu of the sales and use tax, local school support tax and city-county relief tax on tangible personal property purchased or used, and distributed [either pursuant to NRS 377.053 or] in the same manner as the tax would be distributed pursuant to NRS 372.780 , [or] 374.785, 377.055 or 377.057, whichever applies.
2. The payments in lieu of taxes specified in paragraph (b) of subsection 1 must be paid on any incident of sale, use, storage or other consumption of property which, pursuant to the Sales and Use Tax Act, Local School Support Tax Law or an ordinance or ordinances adopted pursuant to the City-County Relief Tax Law, would be taxable if the exemptions for counties contained, respectively, in NRS 372.325 and 374.330 were not applicable. No such payment applies to any incident previously subjected to a sales or use tax. Except as otherwise provided in this section and except to the extent that they would be inconsistent with the provisions of this section, the provisions of the Sales and Use Tax Act, Local School Support Tax Law, the City-County Relief Tax Law, any ordinance or ordinances adopted pursuant thereto, and other laws of the state dealing with taxes on the sale or use of tangible personal property govern the collection, payment, method of protest, exemptions and other matters relating to the payments required in lieu of these taxes.
3. The payments in lieu of ad valorem taxes must equal the ad valorem taxes that would have been payable were the project subject to ad valorem taxation and to assessment pursuant to NRS 361.320. This section does not preclude the legislature from changing the method of assessment or allocation of payments in lieu of ad valorem taxes. The due date of payments in lieu of ad valorem taxes to a particular taxing entity and the tax rate with respect to the portion of the valuation of a project allocated to that entity must be determined in the same manner as for property which is subject to ad valorem taxation by that taxing entity.
4. The county shall, in the agreement with each purchaser of capacity require that the purchaser, or all of them collectively, make timely payments, whether or not the capacity is taken or available, sufficient in time and amount, to the extent that such payments are not otherwise provided for from bond proceeds or other funds specifically made available therefor, to provide for the payments in lieu of taxes required by this section. The agreements must provide the method of determining the amount of such payments to be made by each such purchaser.
κ1991 Statutes of Nevada, Page 1434 (CHAPTER 491, AB 104)κ
5. The payments in lieu of taxes required by this section during the construction of the project are the responsibility of the participant who, pursuant to subsection 2 of NRS 244A.741, is constructing the project and the payments in lieu of taxes during the period of operation of the project are the responsibility of the participant who, pursuant to that subsection, is operating the project. The responsibility of making such payments is limited to the extent that there is legally available to the responsible participant, from the payments, proceeds or other funds mentioned in subsection 4, money to make such payments and the obligation of such participant or participants to make such payments in lieu of taxes is not a general obligation or liability of the responsible participant. That participant shall take appropriate action to enforce the obligation, provided for in subsection 4, of the participants in the project. A payment in lieu of taxes must not be made to the extent that the making of the payment would cause a deficiency in the money available to the county to make required payments of principal of, premium, if any, or interest on any bonds issued by the county to finance the project or to make required payments to any funds established under the proceedings under which such bonds were issued and secured. No lien attaches upon any property or money of the county or any property or money of the participant or participants mentioned in the first sentence of this subsection by virtue of any failure to pay all or any part of any in lieu of taxes. The participant or participants constructing or operating the project or any other participant in the project may contest the validity of any payment in lieu of a tax to the same extent as if such payment were a payment of the tax itself. The payments in lieu of taxes must be reduced if and to the extent that such contest is successful.
6. So long as a purchaser of capacity of the project is required to make payments pursuant to subsection 4, that purchaser is not required to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest or rights in that project.
7. The obligations to make payments in lieu of taxes required by this section do not constitute a debt or indebtedness of the county and do not constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers.
Sec. 8. Chapter 354 of NRS is hereby amended by adding a new section to read as follows:
Basic ad valorem revenue has the meaning ascribed to it in NRS 377.057.
Sec. 9. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and section 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, and section 8 of this act, have the meanings ascribed to them in those sections.
Sec. 10. NRS 354.59813 is hereby amended to read as follows:
354.59813 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, when the estimate of the revenue available from the supplemental city-county relief tax as determined by the executive director of the department of taxation pursuant to the provisions of NRS 377.057 is less than [52 percent of the sum of the supplemental city-county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax,] the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the state, the governing body of each local government may levy an additional tax ad valorem for operating purposes.
κ1991 Statutes of Nevada, Page 1435 (CHAPTER 491, AB 104)κ
county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax,] the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the state, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the amount of revenue from supplemental city-county relief tax estimated to be received by that local government and the tax that it would have been estimated to receive if the estimate for the total revenue available from the tax was equal to [52 percent of the sum of the supplemental city-county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax.] the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the state.
2. Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.
Sec. 11. NRS 354.59815 is hereby amended to read as follows:
354.59815 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 5 cents per $100 of the assessed valuation of the county.
2. The board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of subsection 1 among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county [that are eligible to receive a portion of the proceeds of this tax.] for the 1990-1991 fiscal year.
3. The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of subsection 1 without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.
Sec. 12. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
κ1991 Statutes of Nevada, Page 1436 (CHAPTER 491, AB 104)κ
2. To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
3. Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government which no longer exists, the Nevada tax commission shall add to the allowed revenue from taxes ad valorem [, the supplemental city-county relief tax distribution factor] and the basic ad valorem revenue, respectively, otherwise allowable to the local government or local governments pursuant to NRS 354.59811 and 377.057, an amount equal to the allowed revenue from taxes ad valorem [, the supplemental city-county relief tax distribution factor] and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the allowed revenue from taxes ad valorem [, supplemental city-county relief tax distribution factor] or basic ad valorem revenue if the increase would result in a decrease in revenue of any local government in the county which does not assume those functions.
Sec. 13. NRS 354.5987 is hereby amended to read as follows:
354.5987 1. For the purposes of NRS 354.59811 and 377.057, the allowed revenue from taxes ad valorem and the [supplemental city-county relief tax distribution factor] basic ad valorem revenue of any local government:
(a) Which comes into being on or after July 1, 1989, whether newly created, consolidated, or both; or
(b) Which was in existence before July 1, 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1989,
must be initially established by the Nevada tax commission.
2. Except as otherwise provided in subsections 3 and 6, if the local government for which the allowed revenue from taxes ad valorem and the [supplemental city-county relief tax distribution factor] basic ad valorem revenue are to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To achieve this result, the Nevada tax commission shall request the local governmental advisory committee to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the local governmental advisory committee shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the local governmental advisory committee. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:
κ1991 Statutes of Nevada, Page 1437 (CHAPTER 491, AB 104)κ
function for each predecessor local government, the Nevada tax commission shall:
(a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of the [supplemental city-county relief tax distribution factor] basic ad valorem revenue and of the allowed revenue from taxes ad valorem of that local government; and
(b) Apply the [percentage] percentages determined pursuant to paragraph (a) to the basic ad valorem revenue and to the allowed revenue from taxes ad valorem , respectively, and subtract those amounts respectively from the basic ad valorem revenue and from the allowed revenue from taxes ad valorem of the predecessor local government . [; and
(c) Then subtract from the supplemental city-county relief tax distribution factor of each predecessor local government, the prior cost of performing the function.]
The basic ad valorem revenue [,] and allowed revenue from taxes ad valorem , [and supplemental city-county relief tax distribution factor,] respectively, attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the basic ad valorem revenue [,] and allowed revenue from taxes ad valorem , [and supplemental city-county relief tax distribution factor,] respectively, of all of the predecessor local governments.
3. If the local government for which the [supplemental city-county relief tax distribution factor] basic ad valorem revenue is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:
(a) Using the [supplemental city-city relief tax distribution factor] basic ad valorem revenue of the town replaced by the city, if any, as a basis, set the [supplemental city-county relief tax distribution factor] basic ad valorem revenue of the city at an amount sufficient to allow the city, with other available revenue, to provide the basic services for which it was created;
(b) [Set the basic ad valorem revenue of the city at an amount which bears the same ratio to the supplemental city-county relief tax distribution factor of the city as the sum of the basic ad valorem revenue of the county, and any town which the city is replacing, bears to the sum of the maximum supplemental city-county relief tax distribution factors of the county and the city;
(c)] Reduce the basic ad valorem revenue of the county by the amount set for the city pursuant to paragraph [(b);
(d)] (a);
(c) Add to the basic ad valorem revenue of the county the basic ad valorem of any town which the city has replaced; and
[(e)] (d) Add to the allowed revenue from taxes ad valorem of the county the allowed revenue from taxes ad valorem for any town which the city replaced . [, except that the addition to the county must be limited so that the county does not receive from the supplemental city-county relief tax and taxes ad valorem an amount greater than its supplemental city-county relief tax distribution factor.]
4. In any other case, except as otherwise provided in subsection 6, the allowed revenue from taxes ad valorem [and the supplemental city-county relief tax distribution factor] of all local governments in the county, determined pursuant to NRS 354.59811 , [and 377.057,] must not be increased, but the total basic ad valorem revenue and allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.
κ1991 Statutes of Nevada, Page 1438 (CHAPTER 491, AB 104)κ
but the total basic ad valorem revenue and allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.
5. Any amount of basic ad valorem revenue allowable which is established or changed pursuant to this section must be used to determine a new tax rate for the fiscal year ending June 30, 1981, for each affected local government. This new tax rate must be used to make the distributions among the local governments in the county required by NRS 377.057 for each year following the year in which the amount was established or changed.
6. In establishing the allowed revenue from taxes ad valorem [and the supplemental city-county relief tax distribution factor] of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.
7. As used in this section:
(a) Predecessor local government means a local government which previously performed all or part of a function to be performed by the local government for which the allowed revenue from taxes ad valorem and the [supplemental city-county relief tax distribution factors] basic ad valorem revenue are being established pursuant to subsection 1.
(b) Prior cost of performing the function means the amount expended by a local government to perform a function which is now to be performed by another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.
Sec. 14. NRS 354.59871 is hereby amended to read as follows:
354.59871 1. The Nevada tax commission shall, upon request by the board of county commissioners, establish a rate for the levy of taxes ad valorem to provide aid and relief for indigent persons in a county in which there was no levy adopted for that purpose in the fiscal year ending June 30, 1971. The revenue collected from the taxes so levied must not exceed $54,000.
2. The revenue received from the rate established by the Nevada tax commission pursuant to subsection 1 must be added to the [:
(a) Allowed] allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 . [; and
(b) Supplemental city-county relief tax distribution factor,
for that county.]
Sec. 15. (Deleted by amendment.)
Sec. 16. NRS 354.59874 is hereby amended to read as follows:
354.59874 [1.] Except as otherwise provided in subsection 3 of NRS 354.5982 and subsection 2 of NRS 354.5987, if one local government takes over a function or provides a service previously performed by another local government pursuant to an agreement between the local governments, upon petition by the participating local governments, the executive director of the department of taxation shall:
κ1991 Statutes of Nevada, Page 1439 (CHAPTER 491, AB 104)κ
[(a)] 1. Reduce the allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which previously performed the function or provided the service, for the first year the service is provided or the function is performed by an amount equal to the cost of performing the function or providing the service; and
[(b)] 2. Increase the allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which assumed the performance of the function or the provision of the service, for the first year the service is provided or the function is performed by an amount equal to the amount by which the reduction was made pursuant to [paragraph (a).
2. The changes required by subsection 1 do not apply to the calculations required by NRS 377.057. In addition to the changes required by subsection 1, the executive director of the department of taxation shall make any other adjustments necessary to ensure that there is no fiscal impact upon either local government in the calculations required by NRS 377.057 as a result of the changes required by] subsection 1.
Sec. 17. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:
(a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;
(b) Imposed on public utilities for the privilege of doing business pursuant to a franchise; or
(c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business.
2. The amount of revenue the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except those excluded by subsection 1, for the fiscal year ended on June 30, [1989,] 1991, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by the percentage increase in the [supplemental city-county relief tax distribution factor of the local government for the current year over that factor for the preceding year.] population of the local government added to the percentage increase in the Consumer Price Index for the year ending on December 31 next preceding the year for which the limit is being calculated. The amount so determined becomes the base for computing the allowed increase for each subsequent year.
3. A local government may not increase any fee for a business license which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year.
4. A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable under this section to the Nevada tax commission, which may grant the application only if it finds that:
κ1991 Statutes of Nevada, Page 1440 (CHAPTER 491, AB 104)κ
section to the Nevada tax commission, which may grant the application only if it finds that:
(a) [Under the circumstances a special distribution could be made from the emergency fund of the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution;] Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The rate of a business license of the local government is substantially below that of other local governments in the state.
5. The provisions of this section apply to any business license regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.
6. As used in this section, fee for a business license does not include a tax imposed on the revenues from the rental of transient lodging.
Sec. 18. NRS 354.59891 is hereby amended to read as follows:
354.59891 1. As used in this section:
(a) Building permit basis means the combination of the rate and the valuation method used to calculate the total building permit fee.
(b) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(c) Building permit fee means the total fees that must be paid before the issuance of a building permit, including without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax, tax for the improvement of transportation imposed pursuant to section 14 of chapter 19, Statutes of Nevada 1991, any fee imposed pursuant to section 1 of [this act] chapter 152, Statutes of Nevada 1991, or any amount expended to change the zoning of the property.
2. Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the consumer price index from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
3. A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada tax commission. The Nevada tax commission may allow the increase only if it finds that:
(a) [Under the circumstances a special distribution could be made from the emergency fund of the supplemental city-county relief tax and only to the extent that the circumstances are not relieved by such a distribution;] Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The building permit basis of the local government is substantially below that of other local governments in the state and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.
κ1991 Statutes of Nevada, Page 1441 (CHAPTER 491, AB 104)κ
excluding any amount of residential construction tax collected, for that fiscal year.
4. Upon application by a local government, the Nevada tax commission shall exempt the local government from the limitation on the increase of its building permit basis if:
(a) The local government creates an enterprise fund exclusively for fees for building permits;
(b) Any interest or other income earned on the money in the enterprise fund is credited to the fund; and
(c) The local government does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of building permits, including without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The executive director of the department of taxation shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.
Sec. 19. Section 25 of chapter 861, Statutes of Nevada 1989, at page 2097, is hereby amended to read as follows:
Sec. 25. 1. The redistribution fund for the supplemental city-county relief tax is hereby created. The interest and income earned on the money in the fund after deducting any applicable charges must be distributed to the local governments in the same manner as the distributions made pursuant to subsection 2 of NRS 377.057, as amended by this act.
2. The following amounts are hereby allocated for the 1989-1990 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:
Clark County ............................................................ $2,669,672
Elko County ............................................................. 359,124
Churchill County ..................................................... 84,988
On July 1, 1989, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1989-1990 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $1,240,221 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
3. For the fiscal year 1990-1991 the executive director of the department of taxation shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:
Churchill .................................................................... 1.01735781
Clark .......................................................................... 1.00503190 Douglas .99748885
κ1991 Statutes of Nevada, Page 1442 (CHAPTER 491, AB 104)κ
Douglas ...................................................................... .99748885
Elko ............................................................................ 1.03606720
Washoe ...................................................................... .98867616
4. The following amounts are hereby allocated for the 1990-1991 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:
Clark County ............................................................ $1,922,163
Elko County ............................................................. 258,569
Churchill County ..................................................... 61,191
On July 1, 1990, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1990-1991 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $892,959 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
5. [For the fiscal year 1991-1992 the executive director of the department of taxation shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:
Churchill .................................................................... 1.01735781
Clark .......................................................................... 1.00503190
Douglas ...................................................................... .99748885
Elko ............................................................................ 1.03606720
Washoe ...................................................................... .98867616
6.] The following amounts are hereby allocated for the 1991-1992 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:
Clark County ............................................................ $1,037,968
Elko County ............................................................. 139,627
Churchill County ..................................................... 33,043
On July 1, 1991, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1991-1992 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $482,197 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
κ1991 Statutes of Nevada, Page 1443 (CHAPTER 491, AB 104)κ
$482,197 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
[7. For the fiscal year 1992-1993 the executive director shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:
Churchill .................................................................... 1.01735781
Clark .......................................................................... 1.00503190
Douglas ...................................................................... .99748885
Elko ............................................................................ 1.03606720
Washoe ...................................................................... .98867616
8. Except as otherwise provided in section 26 of this act, in calculating the supplemental city-county relief tax distribution factors of the counties and the local governments within the counties pursuant to subsections 5 and 7, the executive director shall use the distribution factor as calculated pursuant to subsection 6 of NRS 377.057 as adjusted pursuant to subsections 3 and 5, respectively, as the distribution factor for the previous year.]
Sec. 20. Section 26 of chapter 861, Statutes of Nevada 1989, at page 2099, is hereby amended to read as follows:
Sec. 26. 1. Notwithstanding the provisions of NRS 377.057, as amended by this act, for the town of Laughlin [:
(a) For] for the fiscal year 1990-1991, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using $3,300,000 as the distribution factor for the previous year and then subtracting $2,033,943.
[(b) For the fiscal year 1991-1992, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using the amount calculated pursuant to paragraph (a) before $2,033,943 was subtracted as the distribution factor for the previous year and then subtracting $1,016,971.
(c) For the fiscal year 1992-1993, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using the amount calculated pursuant to paragraph (b) before $1,016,971 was subtracted as the distribution factor for the previous year.]
2. For the purposes of [paragraph (a) of subsection 3 of] NRS 377.057, as amended by this act, the basic ad valorem revenue of the town of Laughlin must be calculated using:
(a) For the 1990-1991 fiscal year, a rate of .4846;
(b) For the 1991-1992 fiscal year, a rate of .7784; and
(c) For the 1992-1993 fiscal year, a rate of 1.0723.
κ1991 Statutes of Nevada, Page 1444 (CHAPTER 491, AB 104)κ
Sec. 21. Section 28 of chapter 861, Statutes of Nevada 1989, at page 2099, is hereby amended to read as follows:
Sec. 28. As soon as practicable after July 1, 1989, for the 1989-1990 fiscal year and on or before March 15 immediately preceding the 1990-1991 [, 1991-1992 and 1992-1993 fiscal years,] fiscal year, the executive director of the department of taxation shall:
1. Determine the effect of the provisions of this act upon the estimate of the amount of supplemental city-county relief tax to be received by each local government for the fiscal year for which the determination is being made and notify each local government of any revision of that estimate.
2. Increase the allowed revenue from taxes ad valorem of each local government whose revenue from the supplemental city-county relief tax he estimates will be reduced as a direct result of the amendatory provisions of this act by the amount he estimates will be lost as a direct result of the amendatory provisions of this act. Any increase made pursuant to this subsection may only be made for the fiscal year for which the calculation was made and must be included in the basis for the calculation of the allowed revenue from taxes ad valorem in all future years.
Sec. 22. For the fiscal year 1991-1992, the state controller shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month make the following distributions in lieu of the distributions required by the provisions of paragraph (a) of subsection 1 of NRS 377.057 as amended by this act:
Douglas $591,952
Esmeralda 54,094
Eureka 154,852
Lincoln 74,349
Lyon 363,589
Mineral 120,530
Nye 302,204
Pershing 98,556
Storey 71,233
White Pine 161,860
Sec. 23. For the fiscal year 1991-1992, after determining the amount of the distributions required by NRS 377.057, as amended by this act, and section 22 of this act each month, the state controller shall:
1. Reduce the distributions by the amounts indicated for each of the following counties:
Carson City $93,943
Churchill 57,881
Clark 187,047
Elko 257,394
Humboldt 97,414
Lander 4,134
κ1991 Statutes of Nevada, Page 1445 (CHAPTER 491, AB 104)κ
2. Increase the distributions by the amounts indicated for each of the following counties:
Douglas $16,006
Esmeralda 1,561
Eureka 4,843
Lincoln 2,251
Lyon 10,101
Mineral 3,431
Nye 8,621
Pershing 2,783
Storey 1,973
Washoe 697,813
White Pine 3,753
Sec. 24. For the fiscal year 1992-1993, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:
1. Reduce the distributions by the amounts indicated for each of the following counties:
Carson City $57,113
Churchill 56,681
Elko 133,738
Humboldt 84,092
Lander 4,134
2. Increase the distributions by the amounts indicated for each of the following counties:
Clark $187,276
Washoe 148,482
Sec. 24.1. For the fiscal year 1993-1994, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:
1. Reduce the distributions by the amounts indicated for each of the following counties:
Carson City $42,835
Churchill 42,511
Elko 100,303
Humboldt 63,069
Lander 3,100
2. Increase the distributions by the amounts indicated for each of the following counties:
κ1991 Statutes of Nevada, Page 1446 (CHAPTER 491, AB 104)κ
Clark $186,825
Washoe 64,993
Sec. 24.2. For the fiscal year 1994-1995, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:
1. Reduce the distributions by the amounts indicated for each of the following counties:
Carson City $28,557
Churchill 28,342
Elko 66,868
Humboldt 42,046
Lander 2,066
2. Increase the distributions by the amounts indicated for each of the following counties:
Clark $902
Washoe 166,977
Sec. 24.3. For the fiscal year 1995-1996, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:
1. Reduce the distributions by the amounts indicated for each of the following counties:
Carson City $14,278
Churchill 14,170
Elko 33,435
Humboldt 21,023
Lander 1,033
2. Increase the distributions by the amounts indicated for each of the following counties:
Clark $451
Washoe 83,488
Sec. 24.5. The adjustments of the distribution of the proceeds of the supplemental city-county relief tax required by sections 23 to 24.3, inclusive, of this act must be excluded from the amount distributed in the immediately preceding year for the purposes of calculating the amount to be distributed in the following year pursuant to paragraph (a) of subsection 1 of NRS 377.057.
Sec. 25. For the fiscal year 1991-1992, the amount by which the total receipts of the supplemental city-county relief tax exceed $266,531,950 must be distributed among Carson City and Churchill, Clark, Elko, Humboldt and Lander Counties in the proportion which the amount of the tax collected since July 1, 1991, in that county bears to the total amount collected since July 1, 1991, in those counties.
κ1991 Statutes of Nevada, Page 1447 (CHAPTER 491, AB 104)κ
July 1, 1991, in that county bears to the total amount collected since July 1, 1991, in those counties.
Sec. 26. As soon as practicable after the effective date of this act, the state controller shall distribute the remaining balance of the emergency fund of the supplemental city-county relief tax to the local governments in the same proportion as the proceeds of the supplemental city-county relief tax were distributed for the 1990-1991 fiscal year.
Sec. 27. Sections 27 to 38, inclusive, of this act constitute the Local Government Tax Act of 1991.
Sec. 28. 1. A tax distribution fund must be created in the state treasury for each county that imposes or levies any tax pursuant to the provisions of sections 29 to 33, inclusive, of this act.
2. All interest and income earned on the money in the fund must be credited to the fund after deducting any applicable charges.
3. The state controller shall distribute the money in the fund monthly among the several local governments in the county that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax, including the county, in the proportion which the basic ad valorem revenue of each local government bears to the total basic ad valorem revenue of all these local governments.
4. As used in this section, basic ad valorem revenue has the meaning ascribed to it in NRS 377.057.
Sec. 29. 1. Except as otherwise provided in section 34 of this act and in addition to all other sales and use taxes, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.
2. The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. The ordinance enacted pursuant to this section must include provisions in substance as follows:
(a) Provisions substantially identical to those of the local School Support Tax Law, insofar as applicable.
(b) A provision that all amendments to the provisions of the local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of the ordinance enacted pursuant to subsection 1.
(c) A provision that the county shall contract before the effective date of the ordinance enacted pursuant to subsection 1 with the department to perform all functions incident to the administration or operation of the tax imposed pursuant to subsection 1.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county under this section must be paid to the department of taxation in the form of remittances made payable to the department of taxation.
κ1991 Statutes of Nevada, Page 1448 (CHAPTER 491, AB 104)κ
5. The department of taxation shall deposit the payments with the state treasurer for credit to the tax distribution fund for the county in which it was collected.
Sec. 30. 1. Except as otherwise provided in section 34 of this act and in addition to all other taxes imposed on the valuation of vehicles, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a special privilege tax of 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:
(a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or
(b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.
2. The department of motor vehicles and public safety shall deposit the proceeds of the tax imposed pursuant to subsection 1 with the state treasurer for credit to the tax distribution fund for the county in which it was collected.
3. As used in this section based has the meaning ascribed to it in NRS 482.011.
Sec. 31. 1. Except as otherwise provided in section 34 of this act, notwithstanding the provisions of NRS 463.395 and in addition to all other fees and taxes imposed on gaming, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a license fee for conducting, carrying on or operating any gambling game, slot machine or other game of chance.
2. The total amount of revenue estimated to result for any fiscal year from the imposition of a license fee pursuant to the provisions of this section must not exceed the total amount of revenue estimated to result for the same year from the imposition of all taxes imposed in the county pursuant to sections 29 to 33, inclusive, of this act, multiplied by a fraction, the numerator of which is the total gaming license fees collected by all local governments in the county, including the county, for the fiscal year 1990-1991, and the denominator of which is the general fund revenues of the county and any incorporated cities in the county for the fiscal year 1990-1991.
3. The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
4. The proceeds of the tax imposed pursuant to this section must be deposited with the state treasurer for credit to the tax distribution fund for the county in which it was collected.
Sec. 32. 1. Except as otherwise provided in section 34 of this act and in addition to all other taxes imposed on transfers of real property, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 10 cents for each $500 of value or fraction thereof 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 of property at the time of sale, exceeds $100.
κ1991 Statutes of Nevada, Page 1449 (CHAPTER 491, AB 104)κ
interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest of property at the time of sale, exceeds $100. 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.
2. The ordinance imposing the tax must include:
(a) Provisions substantially identical to those contained in chapter 375 of NRS, insofar as applicable; and
(b) A provision that all amendments to chapter 375 of NRS after the date of enactment of the ordinance, not inconsistent with the chapter, automatically become a part of the ordinance imposing the tax.
3. The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
4. The proceeds of the tax must be deposited with the state treasurer for credit to the tax distribution fund for the county in which it was collected.
Sec. 33. 1. Except as otherwise provided in section 34 of this act, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may levy a tax ad valorem on the assessed valuation of all taxable property in the county.
2. Before levying a tax pursuant to the provisions of subsection 1, the governing body shall hold a public hearing to allow members of the public to present their opinions concerning the tax. The governing body shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of a normal newspaper page.
3. The provisions of NRS 354.59811 do not apply to a tax levied pursuant to the provisions of this section and the tax must not be considered in determining the allowed revenue from taxes ad valorem for the county or any local government therein.
4. Notwithstanding the provisions of NRS 279.676, no portion of the taxes levied pursuant to this section may be distributed to a redevelopment agency.
5. The county treasurer shall deposit the proceeds of the tax levied pursuant to the provisions of this section monthly with the state treasurer for credit to the tax distribution fund for the county in which it was collected.
Sec. 34. 1. The governing body of any county in which one or more of the taxes authorized by sections 29 to 33, inclusive, of this act have been or will be imposed or levied:
(a) Shall adopt a plan to replace the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 35 or 36 of this act on or before September 1, 1991, if the tax is to be imposed or levied for fiscal year 1991-1992 and on or before May 31 of the immediately preceding fiscal year if the tax is to be imposed or levied for fiscal years 1992-1993 through 1995-1996. The plans may include one or more of the taxes authorized by sections 29 to 33, inclusive, of this act, but the total amount of revenue estimated to result from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act must not exceed the estimate of the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 35 or 36 of this act for the fiscal year during which the plan is to be in effect.
κ1991 Statutes of Nevada, Page 1450 (CHAPTER 491, AB 104)κ
(b) May revise the plans adopted pursuant to subsection 1 for the fiscal years 1992-1993 through 1996-1997 on or before the May 31 immediately preceding the fiscal year during which the plan is to be in effect.
2. The board of county commissioners of Churchill, Elko, Humboldt and Lander counties and the board of supervisors of Carson City shall not, after June 30, 1996, impose, levy or continue any of the taxes authorized by sections 29 to 33, inclusive, of this act.
Sec. 35. 1. The legislature hereby finds and declares that the following amounts specified for each county estimate fairly the amount by which the proceeds of the supplemental city-county relief tax were reduced during the revision of the formula for the distribution of the supplemental city-county relief tax:
1. For fiscal year 1991-1992:
Carson City $342,678
Churchill 340,084
Elko 802,427
Humboldt 504,554
Lander 24,803
2. For fiscal year 1992-1993:
Carson City $685,356
Churchill 680,168
Elko 1,604,854
Humboldt 1,009,107
Lander 49,606
3. For fiscal year 1993-1994:
Carson City $514,017
Churchill 510,126
Elko 1,203,641
Humboldt 756,830
Lander 37,205
4. For fiscal year 1994-1995:
Carson City $342,678
Churchill 340,084
Elko 802,427
Humboldt 504,554
Lander 24,803
κ1991 Statutes of Nevada, Page 1451 (CHAPTER 491, AB 104)κ
5. For fiscal year 1995-1996:
Carson City $171,339
Churchill 170,042
Elko 401,214
Humboldt 252,277
Lander 12,402
Sec. 36. 1. As soon as practicable after the effective date of this act, the executive director of the department of taxation shall make an estimate of the difference between the total amount of revenue from the proceeds of the supplemental city-county relief tax that would be distributed to the local governments in Washoe County, including the county, without the provisions of this act for the fiscal years 1991-1992 through 1996-1997 and the total amount of that revenue that he estimates will be distributed to the county pursuant to the provisions of this act.
2. The department of taxation shall provide to the board of county commissioners of Churchill, Elko, Humboldt, Lander and Washoe counties and the board of supervisors of Carson City, any estimate that is requested by the board and necessary to carry out the provisions of this act.
Sec. 37. (Deleted by amendment.)
Sec. 38. 1. On or before May 31, 1994, the department of taxation shall make an estimate of the total amount of proceeds that will be derived in Washoe County from each of the taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act for fiscal year 1994-1995.
2. On or before June 30, 1994, using the estimate prepared pursuant to subsection 1, the board of county commissioners of Washoe County shall reduce the rate of one or more of the taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act if necessary to maintain the estimated revenue from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act at or below an amount equal to $2,225,664 less than the amount determined for the fiscal year 1994-1995 pursuant to subsection 1 of section 36 of this act.
3. The board of county commissioners of Washoe County shall not, after June 30, 1996:
(a) Except as otherwise provided in subsection 4, decrease any of the taxes imposed pursuant to sections 29 to 33, inclusive, of this act unless all of the local governments that are entitled to receive a monthly distribution from the tax distribution fund for the county agree to the decrease.
(b) Increase the rate of any tax imposed pursuant to sections 29 to 33, inclusive, of this act.
4. If necessary to avoid violating the provisions of subsection 2 of section 31 of this act, the board of county commissioners of Washoe County shall reduce the amount of the license fee imposed pursuant to that section by the minimum amount necessary to comply with the provisions of subsection 2 of section 31 of this act.
Sec. 39. 1. The department of taxation shall provide estimates of the amount by which the proceeds from the supplemental city-county relief tax that will be distributed pursuant to the provisions of this act for any local government in any fiscal year will exceed the amount that it would have received without the provisions of this act in the same fiscal year.
κ1991 Statutes of Nevada, Page 1452 (CHAPTER 491, AB 104)κ
government in any fiscal year will exceed the amount that it would have received without the provisions of this act in the same fiscal year.
2. Using the estimates provided by the department of taxation pursuant to subsection 1, the governing body of each local government that will receive more proceeds from the supplemental city-county relief tax pursuant to the provisions of this act in any fiscal year than it would have received without the provisions of this act in the same fiscal year shall hold a public hearing on the use of the additional proceeds before any portion of the additional proceeds is appropriated.
3. The governing body shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of the size of a normal newspaper page and must include:
(a) The date, time and location of the hearing;
(b) The amount of additional revenue resulting from the provisions of this act;
(c) The effect upon property tax rates if the additional revenue stated pursuant to paragraph (b) were used to reduce property taxes; and
(d) The proposed use of the money.
Sec. 40. As soon as practicable after the effective date of this act, the executive director of the department of taxation shall:
1. Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
2. Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to subsection 1 and calculated pursuant to the provisions of NRS 377.057.
Sec. 41. 1. There is hereby appropriated from the state general fund to the department of taxation the sum of $18,000 for the costs of additional computer programming and for additional printing and postage expenses required by the provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 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. 42. 1. NRS 354.573, 354.5988, 361.370 and 377.053 are hereby repealed.
2. Section 31 of chapter 228, Statutes of Nevada 1991 and section 1 of Assembly Bill No. 337 of this session are hereby repealed.
Sec. 43. 1. Section 17 of this act becomes effective on July 1, 1991.
2. This section and all remaining sections of this act become effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1453κ
Assembly Bill No. 292Committee on Ways and Means
CHAPTER 492
AN ACT making an appropriation to the department of education for distribution to public broadcasting stations; and providing other matters properly relating thereto.
[Approved June 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the department of education the sum of $150,000 for distribution to public broadcasting stations.
2. The entire amount of the appropriation must be distributed pursuant to sections 2 and 3 of this act.
Sec. 2. The superintendent of public instruction shall distribute the money appropriated by section 1 of this act to all nonprofit public broadcasting stations in Nevada. For the purposes of this act, public broadcasting station means a station which is licensed by the Federal Communications Commission as a noncommercial educational station or to operate a low-power television or radio station on an exclusively noncommercial basis and which:
1. Is licensed in the State of Nevada;
2. Has been on the air for at least 1 year;
3. Maintains power and an antenna height sufficient to cover its service area with a primary-strength signal; and
4. Broadcasts programming devoted primarily to serving the educational, informational and cultural needs of the community.
The term does not include a station whose programming is designed to further the principles of a particular religious philosophy.
Sec. 3. 1. The sum appropriated by section 1 of this act must be distributed by the superintendent of public instruction as follows:
(a) To the grant pool for public television, 75 percent; and
(b) To the grant pool for public radio, 25 percent.
2. After the money has been divided into the grant pools for television and radio, those grant pools will be distributed in the form of:
(a) A basic grant. An amount equal to 20 percent of the television grant pool and of the radio grant pool must be used for basic grants. Money from a basic grant must be distributed equally among the eligible stations within each grant pool.
(b) An incentive grant. To encourage and reward local efforts for nontax-based fund raising, the remaining 80 percent of the television and radio grant pools must be used for incentive grants to stations. Distribution of incentive grants must be based on each stations audited statement of nontax-based income for the immediately preceding fiscal year. The amount distributed to each station must represent that portion, expressed as a percentage, which each stations nontax-based income represents in proportion to the total of all nontax-based income reported by all eligible recipients within each grant pool.
κ1991 Statutes of Nevada, Page 1454 (CHAPTER 492, AB 292)κ
Sec. 4. Money appropriated by section 1 of this act must not supplant or cause to be reduced any other source of funding for such stations and must be used exclusively for the benefit of a public broadcast station and not for general institutional overhead or expenses of a parent organization.
Sec. 5. This act becomes effective on July 1, 1991.
________
Senate Bill No. 647Committee on Government Affairs
CHAPTER 493
AN ACT relating to the state legislature; redistricting the legislative districts of the Nevada legislature on the basis of population; requiring the director of the legislative counsel bureau to file copies of maps of the legislative 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 29, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 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 legislative districts described in NRS 218.055 to 218.0795, inclusive.
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 2 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 218.051 is hereby amended to read as follows:
218.051 As used in NRS 218.051 to 218.084, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. Block means the smallest geographical unit whose [population was ascertained] boundaries were designated by the Bureau of the Census of the United States Department of Commerce in the [taking of the national decennial census and shown on its maps.] precensus version of its topographically integrated geographic encoding and referencing system.
2. Block group means a combination of blocks in a series, whose numbers begin with the same digit.
3. Census tract means a combination of block groups . [or enumeration districts or both.
κ1991 Statutes of Nevada, Page 1455 (CHAPTER 493, SB 647)κ
4. Enumeration district means the smallest geographical unit whose population was ascertained in the taking of the census in counties or portions thereof where blocks are not identified, and shown on the maps of the Bureau of the Census.]
4. 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 section 2 of this act.
Sec. 5. NRS 218.055 is hereby amended to read as follows:
218.055 1. The assembly districts described in NRS 218.058 to [218.0685,] 218.069, inclusive, 218.071, 218.079 and 218.0795 are hereby created in Clark County.
2. The [following] senatorial districts described in subsections 3 to 10, inclusive, are hereby created in Clark County, and the [following] numbers of senators designated therein are apportioned to each respectively . [:
(a)] 3. Clark County senatorial district 1 [consisting of assembly districts 21 and 22: One senator.
(b)] , apportioned one senator, consists of:
(a) In assembly district 19:
(1) In census voting district 2855, located in census tract 56.01, blocks 202, 204, 205, 206, 207, 208, 209, 210, 211, 213, 214, 215, 216, 217 and 218.
(2) In census voting district 2875, located in census tract 56.01, blocks 201, 203 and 212.
(b) All of assembly district 20 except that portion described in paragraph (f) of subsection 4.
(c) All of assembly district 22.
4. Clark County senatorial district 2 [consisting of 17, 19 and 20: Two senators.
(c)] , apportioned two senators, consists of:
(a) In assembly district 28:
(1) Census voting districts 1140, 1165, 1250 and 1255.
(2) In census voting district 0520, blocks 104, 105, 106, 107, 108, 109, 110 and 131.
(3) In census voting district 0610, blocks 101, 110, 114 and 115.
(4) In census voting district 1130, blocks 110, 114 and 115.
(5) In census voting district 1170, blocks 213, 214, 216, 217, 218, 219, 220, 221, 222, 223 and 224.
(6) In census voting district 1190, blocks 211, 212, 213, 214, 215, 216, 219 and 220.
(7) In census voting district 1225, blocks 115, 116, 117, 118, 201, 202, 203, 217 and 218.
(8) In census voting district 1265, blocks 108, 109, 117 and 118.
(9) In census voting district 1300:
(I) Blocks 110, 111, 112, 113, 114, 210, 211, 216, 219 and 220; and
(II) Block 221 located in census tract 0043.
κ1991 Statutes of Nevada, Page 1456 (CHAPTER 493, SB 647)κ
(b) All of assembly district 11 except that portion described in paragraph (d) of subsection 5.
(c) All of assembly district 14 except that portion described in paragraph (e) of subsection 5.
(d) All of assembly district 17.
(e) All of assembly district 19 except that portion described in paragraph (a) of subsection 3.
(f) In assembly district 20:
(1) In census voting district 2750, located in census tract 56.01, blocks 109, 110, 111, 112, 113 and 114.
(2) In census voting district 2780, located in census tract 56.01, blocks 115 to 140, inclusive.
(3) In census voting district 2825, located in census tract 56.01, blocks 142, 143, 144 and 145.
(4) In census voting district 2875, located in census tract 56.01, blocks 104, 105, 106, 107 and 108.
(5) In census voting district 2750, located in census tract 49.01, blocks 521 and 525.
5. Clark County senatorial district 3 [consisting of assembly districts 9, 10, 12 and 14: Two senators.
(d)] , apportioned two senators, consists of:
(a) All of assembly district 28 except that portion described in paragraph (a) of subsection 4.
(b) All of assembly district 9.
(c) All of assembly district 10 except that portion described in paragraph (a) of subsection 9.
(d) In assembly district 11:
(1) Census voting districts 0070, 0085, 0095, 0425 and 0525.
(2) In census voting district 0255, blocks 102, 103, 104, 112, 113, 114, 115, 116, 117 and 147.
(3) In census voting district 0450, blocks 101, 102, 110 and 111.
(4) In census voting district 0510:
(I) Blocks 105, 106, 107, 108, 109, 112, 120, 128, 131 and 140; and
(II) Block 121 located in census tract 000509.
(5) In census voting district 0590, blocks 129, 130, 219 and 220.
(6) In census voting district 0695, blocks 223, 325, 326, 328, 329, 330, 331 and 332.
(e) In assembly district 14, census voting district 0250.
(f) In assembly district 15:
(1) Census voting district 1775.
(2) In census voting district 1820, blocks 208, 209, 210, 231, 232, 233, 234, 236 and 237.
(3) In census voting district 1935, blocks 405, 406, 408, 410, 418 and 419.
(4) In census voting district 2705, blocks 415 and 416.
(5) In census voting district 2915, blocks 218 and 219.
(g) All of assembly district 41 except that portion described in paragraph (e) of subsection 9.
κ1991 Statutes of Nevada, Page 1457 (CHAPTER 493, SB 647)κ
6. Clark County senatorial district 4 [consisting of] , apportioned one senator, consists of assembly districts 6 and 7 . [: One senator.
(e) ] 7. Clark County senatorial district 5 [consisting of assembly districts 5, 13 and 16, and assembly district 8, excluding that part of block 123 of Clark County census tract 10.01 which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard: Two senators.
(f)] , apportioned two senators, consists of:
(a) All of assembly districts 5, 13 and 21.
(b) In assembly district 15:
(1) Census voting district 2665.
(2) In census voting district 1865, blocks 702 and 703.
(3) In census voting district 1875, blocks 701, 704, 705, 706, 707, 708, 709 and 710.
(4) In census voting district 2910, blocks 501, 502, 503, 504, 508 and 509.
(c) All of assembly district 16 except that portion described in paragraph (d) of subsection 9.
8. Clark County senatorial district 6 [consisting of] , apportioned one senator, consists of assembly districts [1 to 4, inclusive, and that part of block 123 of Clark County census tract 10.01 which is in assembly district 8: Two senators.
(g)] 2 and 4.
9. Clark County senatorial district 7 [consisting of assembly districts 15, 18, 41 and 42: Two senators.
3.] , apportioned two senators, consists of:
(a) In assembly district 10:
(1) Census voting district 3070.
(2) In census voting district 3030, block 204.
(b) All of assembly districts 12, 18 and 23.
(c) All of assembly district 15 except those portions described in paragraph (f) of subsection 5 and paragraph (b) of subsection 7.
(d) In assembly district 16:
(1) Census voting district 2055.
(2) In census voting district 2115, blocks 811 and 812.
(e) In assembly district 41, in census voting district 2885, blocks 229, 230, 231, 232 and 234.
10. Clark County senatorial district 8, apportioned two senators, consists of assembly districts 1, 3, 8 and 42.
11. Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 6. NRS 218.056 is hereby amended to read as follows:
218.056 1. The assembly districts described in NRS 218.0745 to 218.0785, inclusive, are hereby created.
2. The [following] senatorial districts described in subsections 3 to 6, inclusive, are hereby created and the [following] numbers of senators designated therein are apportioned to each respectively . [:
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(a)] 3. The Northern Nevada senatorial district [consisting of] , apportioned one senator, consists of assembly districts 33 and 34 . [: One senator.
(b)] 4. The Central Nevada senatorial district [consisting of] , apportioned one senator, consists of assembly districts 35 and 36 . [: One senator.
(c)] 5. The Western Nevada senatorial district [consisting of assembly districts 38 and 39: One senator.
(d)] , apportioned one senator, consists of:
(a) In assembly district 25:
(1) Census voting district 0306.
(2) In census voting district 0710, block 304B.
(b) In assembly district 26:
(1) Census voting district 0731.
(2) In census voting district 0769, blocks 101, 102, 103, 104, 105, 106, 107B, 110B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135B, 136, 138, 139, 140 and 202.
(3) In census voting district 0930, blocks 201, 202, 301, 302, 305, 306, 307, 308, 502, 503, 504, 505, 508, 509, 510 and 511.
(4) In census voting district 0945, blocks 108, 109, 204, 205, 206, 207, 208, 303, 304, 309, 310, 311, 312, 506, 507, 512 and 513.
(c) All of assembly district 37 except:
(1) In Washoe County, census voting districts 0771 and 0232.
(2) In Washoe County, in census voting district 0118, blocks 128A, 412A and 413.
(3) In Washoe County, in census voting district 0124, blocks 414, 701, 702, 703, 704, 705, 706 and 801A.
(4) In Washoe County, in census voting district 0131:
(I) Blocks 312A, 313, 314, 315, 316, 431A and 602A.
(II) Block 399 located in census tract 001003.
(5) In Washoe County, in census voting district 0231, blocks 601, 701, 702, 703, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.
(6) In Washoe County, in census voting district 0252, blocks 602B, 603, 604, 605, 609, 610, 611, 612, 613 and 615.
(7) In Washoe County, in census voting district 0702, blocks 410, 411, 412B, 421, 422 and 423.
(8) In Washoe County, in census voting district 0849, blocks 133B and 134.
(9) In Washoe County, in census voting district 0901, blocks 211A, 220, 312B, 431B, 432, 433 and 602D.
(d) In assembly district 38, in Lyon County, census voting district 0035.
(e) All of assembly district 39.
6. The Capital senatorial district [consisting of assembly districts 37 and 40: One senator.
3.] , apportioned one senator, consists of:
(a) All of assembly district 38 except that portion described in paragraph (d) of subsection 5.
(b) All of assembly district 40.
7. Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.
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Sec. 7. NRS 218.057 is hereby amended to read as follows:
218.057 1. The assembly districts described in NRS [218.069] 218.0695, 218.0705, and 218.0715 to 218.074, inclusive, are hereby created in Washoe County.
2. The [following] senatorial districts described in subsections 3 to 6, inclusive, are hereby created in Washoe County, and the [following] numbers of senators designated therein are apportioned to each respectively . [:
(a)] 3. Washoe County senatorial district 1 [consisting of assembly districts 24, 25, 28 and 29: Two senators.
(b)] , apportioned one senator, consists of:
(a) In Washoe County, census voting districts 0401, 0402, 0403, 0404, 0412, 0420, 0425, 0430, 0441, 0442, 0443, 0444, 0456, 0501, 0505, 0507, 0516, 0517, 0521, 0522, 0524, 0533, 0536, 0700, 0708, 0714, 0719, 0725, 0726, 0734, 0735, 0749, 0752, 0760, 0764, 0803, 0805, 0808, 0815, 0850, 0851, 0852 and 0910.
(b) In Washoe County, in census voting district 0240, blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 122 and 127.
(c) In Washoe County, in census voting district 0245, blocks 102, 103, 104, 105, 106, 107, 108, 109B and 112.
(d) In Washoe County, in census voting district 0305, block 109A.
(e) In Washoe County, in census voting district 0410, blocks 101, 102, 103, 110, 111, 115, 116, 124, 125, 129, 130, 305, 307, 321, 322, 401, 402, 403, 405, 415, 417, 418, 419, 420 and 421.
(f) In Washoe County, in census voting district 0419, blocks 101A, 102, 103, 104, 105A, 106, 201B and 607.
(g) In Washoe County, in census voting district 0421:
(1) Blocks 605B, 607, 609B, 609C, 611A, 611B, 613A, 615A and 616.
(2) Block 612 located in census tract 002604.
(h) In Washoe County, in census voting district 0457:
(1) Located in census tract 0014, blocks 124, 125 and 126.
(2) Blocks 127, 128, 129, 132, 133, 202, 206, 207, 223, 224, 229 and 230.
(i) In Washoe County, in census voting district 0508, blocks 130, 201, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226 and 227.
(j) In Washoe County, in census voting district 0532, blocks 108A, 109, 110 and 111.
(k) In Washoe County, in census voting district 0625, blocks 504, 505B, 505C, 509 and 510.
(l) In Washoe County, in census voting district 0640, blocks 101A, 102, 446A, 446B, 462A, 463A, 463C, 465A and 465B.
(m) In Washoe County, in census voting district 0648, block 102A.
(n) In Washoe County, in census voting district 0709, block 201A.
(o) In Washoe County, in census voting district 0728:
(1) Block 101C, located in census tract 003103.
(2) Blocks 101D, 102C, 104, 105B, 106, 107C, 129B, 130, 201, 205, 206, 207, 208, 216, 217, 220, 302, 418, 444, 445, 446G, 447, 448, 449, 450, 451, 457, 459, 460, 461, 462B, 463B, 463D, 464, 465C, 465D, 465E, 466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.
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466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.
(p) In Washoe County, in census voting district 0812, blocks 401, 402, 403, 404, 405, 413, 414, 415, 416 and 483A.
(q) In Washoe County, in census voting district 0856, blocks 516, 542 and 545.
4. Washoe County senatorial district 2 [consisting] , apportioned one senator, consists of assembly districts 30 and 31 . [: One senator.
(c)] 5. Washoe County senatorial district 3 [consisting of assembly districts 23, 26, 27 and 32: Two senators.
3.] , apportioned one senator, consists of:
(a) In Washoe County, census voting districts 0103, 0109, 0111, 0112, 0116, 0118, 0121, 0122, 0123, 0124, 0125, 0127, 0133, 0136, 0428, 0429, 0445, 0453, 0455, 0458, 0500, 0534, 0535, 0701, 0702, 0741, 0747, 0748, 0750, 0768, 0782, 0795, 0796, 0801, 0802, 0807, 0809, 0810, 0811, 0813, 0821, 0848, 0849, 0853, 0854, 0855, 0904, 0905 and 0907.
(b) In Washoe County, in census voting district 0131, blocks 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 399, 402B, 402C, 431A, 503, 505A, 601, 602 and 602A.
(c) In Washoe County, in census voting district 0206:
(1) Block 103 located in census tract 001003.
(2) Blocks 104, 105 and 106.
(d) In Washoe County, in census voting district 0212, blocks 205, 206, 207, 208, 209, 210, 211, 220, 221, 222, 223, 224, 225, 226, 227, 306, 307, 308, 309 and 311.
(e) In Washoe County, in census voting district 0231, blocks 601 and 703.
(f) In Washoe County, in census voting district 0232:
(1) Blocks 603, 604, 605, 606, 607, 608, 609, 610 and 613.
(2) Block 699 located in census tract 001003.
(g) In Washoe County, in census voting district 0252, blocks 602B, 615A and 615B.
(h) In Washoe County, in census voting district 0419, block 604B.
(i) In Washoe County, in census voting district 0421:
(1) Blocks 520A, 521A, 522A, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532A, 533A, 534A, 535A, 538A, 604A, 605, 613, 614, 615, 701, 702, 703, 704A, 704C, 705A, 705C, 706, 707, 708, 709 and 710.
(2) Block 612 located in census tract 002603.
(j) In Washoe County, in census voting district 0532, blocks 101A, 101B, 102, 103, 104, 105, 106, 107 and 604C.
(k) In Washoe County, in census voting district 0640, block 129A.
(l) In Washoe County, in census voting district 0709, blocks 101A, 101B, 102B, 104B, 106B, 201C, 201D, 201E, 201F, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 206A, 206B and 207.
(m) In Washoe County, in census voting district 0710, block 219.
(n) In Washoe County, in census voting district 0728, blocks 101E, 103D, 105A, 421, 422, 423, 424 and 443.
(o) In Washoe County, in census voting district 0761, blocks 201, 202B, 205A and 205B.
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(p) In Washoe County, in census voting district 0771, blocks 414A, 414B, 415, 416, 417, 418, 419, 420, 424, 436, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 456 and 499.
(q) In Washoe County, in census voting district 0812, blocks 406, 407, 408, 409, 410, 411, 412, 417, 419, 420, 425, 426, 427, 428, 429, 430, 645, 646, 647, 648, 649, 650 and 651.
(r) In Washoe County, in census voting district 0856, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 340, 341, 342, 343, 344, 345, 346, 347, 348, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 517, 518, 519, 520, 521, 543 and 544.
(s) In Washoe County, in census voting district 0901, blocks 312B, 431B, 432, 433 and 602D.
6. Washoe County senatorial district 4, apportioned one senator, consists of:
(a) In Washoe County, census voting districts, 0105, 0106, 0132, 0135, 0200, 0203, 0208, 0215, 0223, 0235, 0242, 0243, 0244, 0251, 0253, 0312, 0317, 0323, 0326, 0334, 0335, 0336, 0337, 0338, 0339, 0341, 0344, 0347, 0348, 0349, 0350, 0351, 0704, 0707, 0733, 0736, 0742, 0744, 0746, 0780, 0781, 0832, 0833 and 0834.
(b) In Washoe County, in census voting district 0131, blocks 402A, 402D and 505B.
(c) In Washoe County, in census voting district 0206:
(1) Blocks 101, 102, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 199, 301, 326 and 327.
(2) Block 103 located in census tract 001004.
(d) In Washoe County, in census voting district 0212, blocks 124, 125 and 126.
(e) In Washoe County, in census voting district 0231, blocks 102A, 102B, 102C, 701, 702, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.
(f) In Washoe County, in census voting district 0232:
(1) Blocks 611 and 612.
(2) Block 699 located in census tract 001003.
(g) In Washoe County, in census voting district 0240, blocks 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, 201, 202, 203, 206, 601, 602, 603, 604, 605, 606 and 610.
(h) In Washoe County, in census voting district 0245, blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 227.
(i) In Washoe County, in census voting district 0252, blocks 614 and 814.
(j) In Washoe County, in census voting district 0310, blocks 212, 213, 214, 215, 216 and 222.
(k) In Washoe County, in census voting district 0346, block 505.
(l) In Washoe County, in census voting district 0410, blocks 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 619, 620, 626, 627, 628, 629, 630, 631 and 632.
(m) In Washoe County, in census voting district 0457:
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(1) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 701, 702, 703, 704, 705, 712, 713, 714, 715, 716, 801 and 802.
(2) Located in census tract 0001, blocks 124, 125 and 126.
(n) In Washoe County, in census voting district 0508, blocks 706, 707, 708, 709, 710, 711, 717, 718, 719, 803, 804, 805 and 806.
(o) In Washoe County, in census voting district 0710, blocks 101B, 106B, 107B, 108A, 108D, 108E, 108F, 109B, 109C, 110, 111, 112, 113, 114, 115, 203A, 203B, 205, 206A, 206B, 207, 208, 214, 215 and 216.
(p) In Washoe County, in census voting district 0716:
(1) Blocks 201B, 302B, 303, 304B, 305, 306B, 308B, 310 and 409B.
(2) Block 307B located in census tract 002204.
(q) In Washoe County, in census voting district 0761, blocks 206A, 206B and 207.
(r) In Washoe County, in census voting district 0769, blocks 101B, 101C, 110B, 111, 199, 201D and 601B.
(s) In Washoe County, in census voting district 0901, blocks 213, 218.
7. Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 8. NRS 218.058 is hereby amended to read as follows:
218.058 Assembly district 1 consists of:
1. In Clark County, [Moapa Township.] census voting districts 0115, 0170, 0195, 0445, 0595, 0640, 0670, 1020, 2435, 2450, 2455, 2460, 2465 and 2470.
2. In Clark County , in census [tract 33.] voting district 0005, blocks 309A, 311A, 601 and 602A.
3. In Clark County , in census [tract 30.02:
(a) Block group 2.
(b) Blocks 601 to 610, inclusive.] voting district 0045, blocks 101, 102, 109, 110, 111, 112, 113, 114, 115, 130, 131, 140, 201, 202, 203, 204, 226, 227, 230, 231, 301, 302 and 303.
4. In Clark County , in census [tract 31, blocks 111, 112, 123, 124, 129, 132, 134, 135 and 137.] voting district 0125, block 605.
5. In Clark County , in census [tract 32:
(a) Block groups 1 to 3, inclusive.
(b) Blocks 903, 905, 906 and 916.] voting district 0410, blocks 205, 206, 207A and 208.
6. In Clark County , in census [tract 34.02:
(a) Block groups 6 and 9.
(b) Blocks 103 to 111, inclusive, 150 to 152, inclusive, 215, 223 to 250, inclusive, 307 to 309, inclusive, 312 to 314, inclusive, 316 to 319, inclusive, 326, 331 to 337, inclusive, 341 to 350, inclusive, 502 to 513, inclusive, 803 to 809, inclusive, 812 to 816, inclusive, 822, 825 to 837, inclusive, 840 and 851.] voting district 0435, block 316.
7. In Clark County , in census [tract 58:
(a) Enumeration districts 13 and 14.
(b) Block group 1.] voting district 0635, blocks 403A, 405, 406, 407, 408, 409 and 410A.
8. In Clark County , in census [tract 59:
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(a) Enumeration districts 10 to 12, inclusive,
(b) Block group 1.] voting district 0655, blocks 102, 103, 104, 104A, 105, 108, 111, 113, 114 and 115.
9. In Clark County, in census voting district 0715, blocks 801, 802, 803, 804, 805, 806, 807, 808 and 809.
10. In Clark County, in census voting district 0755, blocks 415A, 416A, 419, 420, 421, 422, 423 and 424.
11. In Clark County, in census voting district 0875, block 104B.
12. In Clark County, in census voting district 0880, block 819A.
13. In Clark County, in census voting district 0910, block 817A.
14. In Clark County, in census voting district 1185, blocks 103, 104, 105, 106, 107, 108, 109 and 110.
15. In Clark County, in census voting district 1195, blocks 923, 924 and 925.
16. In Clark County, in census voting district 2335, blocks 207B, 221, 222, 304, 305, 306, 307, 308, 309B, 310, 311B and 312.
17. In Clark County, in census voting district 2355, blocks 410B, 411, 412, 413, 414, 415B and 416B.
18. In Clark County, in census voting district 2415, blocks 817B, 818 and 819B.
Sec. 9. NRS 218.0585 is hereby amended to read as follows:
218.0585 Assembly district [2] 4 consists of:
1. In Clark County , census [tracts 1.03 and 30.01.] voting districts 0285, 0395, 0615, 0620, 0625, 0705, 0725, 0735, 0930, 1050, 1055, 1060, 1065, 2330 and 2485.
2. In Clark County , in census [tract 1.04, blocks 117 to 121, inclusive, 202 to 207, inclusive, 215, 216 and 230 to 234, inclusive.] voting district 0005, block 320A.
3. In Clark County , in census [tract 10.02, blocks 313, 315, 316, 319 to 321, inclusive, 325, 326, and 329 to 360, inclusive.] voting district 0090, blocks 504, 505, 506, 507 and 508.
4. In Clark County , in census [tract 29.01, blocks 401 to 410, inclusive, and 439 to 446, inclusive.] voting district 0125, blocks 315A, 322A, 606, 606A, 606B, 606C, 607, 901 and 902.
5. In Clark County , in census [tract 30.02:
(a) Block groups 3 to 5, inclusive.
(b) Blocks 611 to 618, inclusive.] voting district 0140, block 207.
6. In Clark County , in census [tract 31, blocks 125 to 128, inclusive, 133, 136 and 138 to 141, inclusive.] voting district 0580, blocks 101, 106, 107 and 108.
7. In Clark County, in census voting district 0910, blocks 820, 821, 840, 843 and 844.
8. In Clark County, in census voting district 2335, blocks 315B, 316, 317, 318, 319, 320B, 321 and 322B.
9. In Clark County, in census voting district 2415, block 841.
Sec. 10. NRS 218.059 is hereby amended to read as follows:
218.059 Assembly district 3 consists of:
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1. In Clark County , census [tracts 1.02 and 1.05.] voting districts 0175, 0260, 0270, 0280, 0315, 0360, 0370, 0375, 0390, 0405, 0480, 0530, 0550, 0600, 0700, 0760, 0795, 0805, 0840, 0940, 2340, 2420 and 2425.
2. In Clark County , in census [tract 1.01, blocks 204 to 212, inclusive.] voting district 0240, block 114.
3. In Clark County , in census [tract 1.04, blocks 102 to 116, inclusive, 122 to 124, inclusive, 208 to 214, inclusive, and 235 to 238, inclusive.] voting district 0490, blocks 103 and 107.
4. In Clark County , in census [tract 10.02:
(a) Block group 2.
(b) Blocks 118 to 127, inclusive, 314, 317, 318, 322 to 324, inclusive, 327 and 328.] voting district 0555:
(a) Blocks 101, 104, 105, 106, 115 and 116.
(b) Block 117 located in census tract 001002.
5. In Clark County , in census [tract 31, blocks 102 to 108, inclusive, 110, 130 and 131.] voting district 0580, blocks 109 and 110.
6. In Clark County, in census voting district 0715, block 502A.
7. In Clark County, in census voting district 0770, blocks 102, 103, 106, 107, 120, 121 and 122.
8. In Clark County, in census voting district 0800, blocks 701, 702, 711, 712, 713A, 720, 722 and 723A.
9. In Clark County, in census voting district 0835, block 341A.
10. In Clark County, in census voting district 0880, blocks 514, 515, 517A, 521A, 522 and 523.
11. In Clark County, in census voting district 0895, block 332A.
12. In Clark County, in census voting district 1080, blocks 504A, 505A and 512A.
13. In Clark County, in census voting district 3140, blocks 310, 311, 329, 330, 331, 332B, 333B, 337B, 337C, 338B, 340B, 341B, 348, 349, 351, 352, 353, 355, 356B and 357B.
Sec. 11. NRS 218.0595 is hereby amended to read as follows:
218.0595 Assembly district [4] 28 consists of:
1. In Clark County , census [tract 1.01, blocks 106 to 113, inclusive, 119 to 129, inclusive, 201, 202, 213 to 219, inclusive, 221 to 230, inclusive, 240, 241 and 243.] voting districts 0225, 0300, 0610, 0965, 1140, 1165, 1250, 1255 and 2830.
2. In Clark County , in census [tract 2.01, blocks 114 to 116, inclusive, 201 and 202.] voting district 0065, blocks 109, 118, 201, 202, 203, 204, 410, 501, 502, 504, 505, 506, 507, 512 and 513.
3. In Clark County , in census [tract 2.02:
(a) Block groups 1 and 2.
(b) Blocks 301 to 318, inclusive, 326 and 327.] voting district 0450, blocks 103, 104, 105, 106, 107, 108, 109, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 203, 204, 205 and 228.
4. In Clark County , in census [tract 10.01:
(a) Blocks 102 to 107, inclusive, 120 to 122, inclusive, 125, 126 and 201.
(b) Block 123, excluding that part which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.]
κ1991 Statutes of Nevada, Page 1465 (CHAPTER 493, SB 647)κ
north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.] voting district 0510:
(a) Blocks 113, 114, 116, 118, 122, 137, 138, 214, 215, 216, 217 and 218.
(b) Block 121 located in census tract 000504.
5. In Clark County , in census [tract 34.01:
(a) Block groups 5 and 7.
(b) Block 619.] voting district 0520, blocks 104, 105, 106, 107, 108, 109, 110 and 134.
6. In Clark County , in census [tract 34.02:
(a) Block groups 4 and 5.
(b) Blocks 101, 116 to 118, inclusive, 120 to 128, inclusive, 130 to 136, inclusive, 202 to 214, inclusive, 221, 222, 320 to 324, inclusive, 327 to 330, inclusive, 525 to 531, inclusive, 810, 818, 819, 838, 839, 841 to 846, inclusive, and 848 to 850, inclusive.] voting district 0590, blocks 101, 102, 103, 107, 108, 109, 110, 111 and 132.
7. In Clark County, in census voting district 1130, blocks 110, 114 and 115.
8. In Clark County, in census voting district 1160, block 117.
9. In Clark County, in census voting district 1170, blocks 213, 214, 216, 217, 218, 219, 220, 221, 222, 223 and 224.
10. In Clark County, in census voting district 1190, blocks 211, 212, 213, 214, 215, 216, 219 and 220.
11. In Clark County, in census voting district 1225, blocks 115, 116, 117, 118, 201, 202, 203, 217 and 218.
12. In Clark County, in census voting district 1265, blocks 108, 109, 117 and 118.
13. In Clark County, in census voting district 1300:
(a) Blocks 110, 111, 112, 113, 114, 210, 211, 216, 219 and 220.
(b) Block 221 located in census tract 0043.
Sec. 12. NRS 218.060 is hereby amended to read as follows:
218.060 Assembly district [5] 42 consists of:
1. In Clark County , census [tract 22.02, blocks 304 to 307, inclusive, 309, 310, 313 to 323, inclusive, and 325 to 330, inclusive.] voting districts 0680, 0685, 0890, 1075, 1855, 1900, 1910, 1920, 1930, 1945, 1950, 2040, 2065, 2070, 3020, 3055, 3110 and 3125.
2. In Clark County , in census [tract 29.01:
(a) Block groups 1 and 6.
(b) Blocks 411 to 438, inclusive.] voting district 3105, blocks 111, 112, 115, 116, 122, 123, 125, 126, 127, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146 and 149.
3. In Clark County , in census [tract 29.02:
(a) Block groups 4 and 5.
(b) Blocks 601 to 606, inclusive, 608, 609, 614, 615, 704 to 722, inclusive, and 735.
4. In Clark County census tract 29.04:
(a) Block group 8.
(b) Blocks 401 to 403, inclusive, 407 to 419, inclusive, 421 to 424, inclusive, 525 to 545, inclusive, 549 to 557, inclusive, 559, 601 and 603.]
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voting district 3150, blocks 117, 118, 119, 120, 121, 124, 128, 129 and 325B.
Sec. 13. NRS 218.0605 is hereby amended to read as follows:
218.0605 Assembly district 6 consists of:
1. In Clark County , census [tract 1.01, blocks 102 to 105, inclusive, 114 to 118, inclusive, and 131.] voting districts 0035, 0100, 0130, 0145, 0185, 0310, 0365, 0400, 0440, 0470, 0515, 0535, 0605, 0710, 0785, 0790, 0935, 0955, 1105, 2325, 2395, 2400 2405 and 2410.
2. In Clark County , in census [tract 2.01, blocks 102 to 113, inclusive, 117, 203 to 211, inclusive, 213, 216 and 217.] voting district 0030:
(a) Located in census track 0004, blocks 102, 103, 104 and 105.
(b) Blocks 107, 108, 230, 231, 232, 233, 234, 235, 236, 237, 240, 242, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615 and 616.
3. In Clark County , in census [tract 3.01, block groups 2 to 7, inclusive.] voting district 0065, blocks 514, 515, 516, 517, 601, 602, 603 and 604.
4. In Clark County , in census [tract 3.02:
(a) Block groups 2 and 3.
(b) Blocks 102 to 110, inclusive, 115 to 117, inclusive, and 119.] voting district 0160:
(a) Block 102 located in census tract 000302.
(b) Blocks 103, 104, 105, 106, 107, 108, 109 and 110.
5. In Clark County , in census [tract 4:
(a) Block groups 2 and 4 to 6, inclusive.
(b) Blocks 102 to 108, inclusive, 118, 121, 301 to 307, inclusive, 310, 312 and 313.] voting district 0190, blocks 201, 202 and 214.
6. In Clark County , in census [tract 6, blocks 104 and 105.] voting district 0235, blocks 121, 122, 123, 124, 203, 204, 205, 206, 207, 208, 210, 212, 224 and 225.
7. In Clark County , in census [tract 7, blocks 101 to 114, inclusive, 117, 118, 121, 122, 125 to 127, inclusive, 220 to 229, inclusive, and 236 to 242, inclusive.] voting district 0385, block 101.
8. In Clark County , in census [tract 34.01, blocks 603 to 606, inclusive, 608, 610, 611, 613, 614, 617, 618 and 628 to 632, inclusive.] voting district 0540, blocks 104, 105, 111, 112, 113, 203, 205, 206, 207, 208, 209, 210, 211, 212 and 213.
9. In Clark County, in census voting district 0555:
(a) Blocks 108, 109, 110, 111, 112, 113, 114, 124, 135 and 136.
(b) Block 117 located in census tract 001001.
10. In Clark County, in census voting district 0770, block 126.
11. In Clark County, in census voting district 1110, blocks 412 and 413B.
12. In Clark County, in census voting district 1130, blocks 104 and 111.
13. In Clark County, in census voting district 1240, blocks 203, 204, 212, 213, 214, 219, 220, 221, 225, 302, 303, 304, 305, 306, 307, 308, 310, 319, 320 and 322.
Sec. 14. NRS 218.061 is hereby amended to read as follows:
218.061 Assembly district 7 consists of:
1. In Clark County , census [tracts 35 and 37.] voting districts 0430, 0845, 0860, 1120, 1125, 1135, 1145, 1175, 1180, 1205, 1220, 1235, 1245, 1260 and 1340.
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2. In Clark County , in census [tract 3.01, block group 1.] voting district 0160, block 102 located in census tract 000201.
3. In Clark County , in census [tract 3.02, blocks 101 and 111 to 114, inclusive.] voting district 0385, blocks 103, 104, 106, 107, 108, 112, 113, 115, 121 and 122.
4. In Clark County , in census [tract 36:
(a) Block groups 3 and 4.
(b) Block 901.] voting district 0435, blocks 317, 318 and 319.
5. In Clark County , in census [tract 38, blocks 109, 110, 115 to 120, inclusive, 122, 123, 201, 202, 205 to 211, inclusive, 219 to 223, inclusive, 225 to 228, inclusive, 302 to 306, inclusive, 318 to 322, inclusive, and 324.] voting district 0540, blocks 103, 106, 107, 108, 109 and 110.
6. In Clark County , in census [tract 44, blocks 201 to 209, inclusive, 211, 220, 221, 223, 230 and 233 to 240, inclusive.] voting district 0635, blocks 401A, 402 and 417D.
7. In Clark County, in census voting district 0755, block 417A.
8. In Clark County, in census voting district 0800, blocks 502, 520, 521, 522, 523 and 524.
9. In Clark County, in census voting district 1080, blocks 501, 514, 515, 516, 517, 518 and 525.
10. In Clark County, in census voting district 1110, blocks 401, 407, 409, 410, 411 and 414.
11. In Clark County, in census voting district 1150, blocks 117, 118, 201, 202, 203, 204, 215, 217, 219 and 220.
12. In Clark County, in census voting district 1185, blocks 111, 112, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 and 230.
13. In Clark County, in census voting district 1200, blocks 101, 102, 103, 105, 107, 111, 112, 203, 207, 208 and 209.
14. In Clark County, in census voting district 1240, blocks 105, 106, 107, 108, 109, 110, 111, 115, 116, 117, 118, 119, 120, 201, 202, 205, 206, 207, 208, 209, 210, 211 and 223.
15. In Clark County, in census voting district 1265, blocks 102 and 103.
16. In Clark County, in census voting district 2355, blocks 401B, 417E and 418B.
17. In Clark County, in census voting district 2955, blocks 536, 537, 538, 539, 540, 541, 542 and 543.
Sec. 15. NRS 218.0615 is hereby amended to read as follows:
218.0615 Assembly district 8 consists of:
1. In Clark County , census [tract 10.01:
(a) Blocks 108 to 119, inclusive, 124, 202, 204 to 213, inclusive, 215 to 220, inclusive, 222, 223, and 232 to 235, inclusive.
(b) That part of block 123 which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.] voting districts 0675, 1760, 1810, 1825, 1835, 1880, 1885, 1915, 1985, 2015, 2030, 2080, 3065, 3135 and 3145.
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2. In Clark County , in census [tract 10.02, blocks 101 to 117, inclusive.] voting district 0485, blocks 108, 109, 110, 111, 114, 115, 116 and 117.
3. In Clark County , in census [tract 22.01:
(a) Block group 2.
(b) Blocks 106, 108 to 118, inclusive, 130 to 134, inclusive, and 136 to 141, inclusive.
4. In Clark County census tract 22.02:
(a) Block group 2.
(b) Blocks 301 and 331 to 333, inclusive.
5. In Clark County census tract 29.02, block groups 3 and 9.
6. In Clark County census tract 29.03:
(a) Block group 9.
(b) Blocks 136 to 144, inclusive.] voting district 3160, blocks 156, 157, 158, 159 and 160.
Sec. 16. NRS 218.062 is hereby amended to read as follows:
218.062 Assembly district 9 consists of:
1. In Clark County , census [tracts 8, 9, 11 and 12.] voting districts 0010, 0015, 0025, 0040, 0055, 0060, 0080, 0105, 0110, 0155, 0200, 0220, 0330, 0455, 0460, 0495 and 0570.
2. In Clark County , in census [tract 2.02, blocks 321 to 325, inclusive, and 328.] voting district 0030:
(a) Blocks 101, 220, 221, 222, 223, 224, 225, 226, 227, 228 and 229.
(b) Located in census tract 0007, blocks 102, 103, 104 and 105.
3. In Clark County , in census [tract 6:
(a) Block group 2.
(b) Blocks 106 to 108, inclusive, 110 to 115, inclusive, 117 and 118.] voting district 0065, block 503.
4. In Clark County , in census [tract 7, blocks 115, 116, 119, 120, 123, 124, 128 to 132, inclusive, and 201 to 219, inclusive.] voting district 0190, blocks 215, 216, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326 and 327.
5. In Clark County , in census [tract 13:
(a) Block group 3.
(b) Blocks 203 to 211, inclusive, 213, 214, 401 to 410, inclusive, 505 to 509, inclusive, and 514.] voting district 0235, blocks 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 307 and 308.
6. In Clark County , in census [tract 20, blocks 101 to 106, inclusive.] voting district 0240, blocks 110, 111, 113, 202, 203, 204, 205, 206, 207, 212 and 216.
7. In Clark County , in census [tract 21, blocks 101 and 102.] voting district 0485, blocks 131, 133 and 134.
8. In Clark County, in census voting district 0490, blocks 108, 109, 115, 116, 119, 130, 131, 132, 133, 134, 208, 209, 210, 211 and 215.
Sec. 17. NRS 218.0625 is hereby amended to read as follows:
218.0625 Assembly district 10 consists of:
1. In Clark County , census [tracts 23 and 24.01.] voting districts 0475, 1755, 1765, 1780, 1815, 1850, 1870, 1890, 1970, 2020, 2880, 3010, 3015, 3025, 3035, 3040, 3045, 3050, 3060, 3070, 3090, 3215 and 3240.
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2. In Clark County , in census [tract 20, blocks 108 to 115, inclusive, and 125 to 127, inclusive.] voting district 0485, block 130A.
3. In Clark County , in census [tract 21, blocks 105 to 109, inclusive.] voting district 1800, block 106.
4. In Clark County , in census [tract 22.01, blocks 101 to 104, inclusive, 123, 128, 129, and 142 to 145, inclusive.
5. In Clark County census tract 24.02, blocks 110 to 112, inclusive, 122, 123 and 201.
6. In Clark County census tract 25, blocks 103 to 115, inclusive.
7. In Clark County census tract 26, blocks 114 to 119, inclusive.] voting district 3030, block 204.
Sec. 18. NRS 218.063 is hereby amended to read as follows:
218.063 Assembly district 11 consists of:
1. In Clark County , census [tracts 5.02 and 5.04.] voting districts 0020, 0050, 0070, 0085, 0095, 0150, 0255, 0425, 0525, 2190, 2200, 2785 and 2810.
2. In Clark County , in census [tract 4, blocks 101, 110 to 112, inclusive, 114 to 116, inclusive, 308 and 309.] voting district 0450, blocks 101, 102, 110 and 111.
3. In Clark County , in census [tract 5.03:
(a) Block group 1.
(b) Blocks 201 to 204, inclusive, 206 to 223, inclusive, 226 and 227.] voting district 0510:
(a) Blocks 105, 106, 107, 108, 109, 112, 120, 128, 131 and 140.
(b) Block 121 located in census tract 000509.
4. In Clark County , in census [tract 5.07, blocks 210, 212 to 218, inclusive, 220, 221, 223 to 231, inclusive, and 306.] voting district 0520, blocks 111, 125, 126, 131, 143 and 144.
5. In Clark County , in census [tract 5.08, block 221.] voting district 0590, blocks 129, 130, 219 and 220.
6. In Clark County , in census [tract 5.09, blocks 104 to 110, inclusive, and 142 to 145, inclusive.] voting district 0695, blocks 223, 325, 326, 328, 329, 330, 331 and 332.
7. In Clark County , in census [tract 6, blocks 101 to 103, inclusive.] voting district 2195, blocks 129, 130, 131 and 132.
8. In Clark County, in census voting district 2215, block 101.
9. In Clark County, in census voting district 2770, blocks 301, 333, 335, 336 and 337.
Sec. 19. NRS 218.0635 is hereby amended to read as follows:
218.0635 Assembly district 12 [consist] consists of:
1. In Clark County , census [tracts 14 and 15.] voting districts 0165, 0205, 0265, 0295, 0350, 0750, 0765, 0775, 0960, 2155, 2160, 2165, 2180, 2230, 2240, 2245, 2755, 2760, 2775, 2800 and 2820.
2. In Clark County , in census [tract 5.03, blocks 224 and 225.] voting district 2195, blocks 133, 134, 135, 136, 137, 138, 139, 140 and 141.
3. In Clark County , in census [tract 5.09, blocks 112 to 117, inclusive, and 146 to 149, inclusive.
4. In Clark County census tract 13:
(a) Block group 1.
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(b) Blocks 201, 202, 411 to 413, inclusive, 501 to 504, inclusive, and 510 to 513, inclusive.
5. In Clark County census tract 16.02, blocks 126 to 128, inclusive, and 143 to 146, inclusive.
6. In Clark County census tract 19:
(a) Block group 3.
(b) Blocks 102 to 109, inclusive, 125 to 127, inclusive, 201 to 208, inclusive, and 214 to 216, inclusive.] voting district 2215, blocks 102, 103, 104, 105, 106, 107, 108, 109, 110, 127, 144, 145 and 146.
Sec. 20. NRS 218.064 is hereby amended to read as follows:
218.064 Assembly district 13 consists of:
1. In Clark County , census [tract 27.01, blocks 126 to 130, inclusive, 202 to 204, inclusive, 206 to 213, inclusive, 227 to 231, inclusive, 239 and 240.] voting districts 0320, 1580, 1725, 1740, 1925, 1955, 2075, 2475, 2595, 2600, 2610, 2635, 2640, 2655, 2670, 2690, 2725 and 2730.
2. In Clark County , in census [tract 27.02:
(a) Block group 4.
(b) Blocks 326 to 329, inclusive.] voting district 0410, blocks 232, 233, 234, 238, 239, 240, 241, 242, 243, 249 and 250.
3. In Clark County , in census [tract 28.01, blocks 225, 226, 248 and 249.] voting district 0900, blocks 219A, 220, 221, 251 and 252.
4. In Clark County , in census [tract 28.02:
(a) Block groups 3 to 6, inclusive, and 9.
(b) Blocks 808 to 824, inclusive.] voting district 0950, block 318A.
5. In Clark County , in census [tract 29.02:
(a) Block group 3.
(b) Blocks 610 to 613, inclusive, 616 to 620, inclusive, and 723 to 734, inclusive.] voting district 1710, blocks 815, 816 and 817.
6. In Clark County , in census [tract 29.03:
(a) Block groups 2, 4, 7 and 8.
(b) Blocks 145 to 154, inclusive.] voting district 1715, blocks 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 326, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 403, 404, 405 and 406.
7. In Clark County , in census [tract 29.04:
(a) Block groups 3 and 7.
(b) Blocks 405, 406, 420, 546 to 548, inclusive, 602, and 604 to 609, inclusive.] voting district 1895, blocks 601, 602, 606, 608 and 609.
8. In Clark County , in census [tract 32:
(a) Block group 4.
(b) That part of block 904 which is in Las Vegas Township and that part which is in the City of Las Vegas.] voting district 1940, blocks 257, 258, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 715, 716, 717, 718, 719 and 720.
9. In Clark County , in census [tract 57, enumeration districts 16 and 32.] voting district 1975, blocks 561, 602 and 610.
10. In Clark County , in census [tract 58:
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(a) Enumeration districts 15 and 33.
(b) Block group 9.] voting district 2045, blocks 817, 818 and 819.
11. In Clark County, in census voting district 2350, blocks 204, 901 and 902B.
12. In Clark County, in census voting district 2360, blocks 218, 306, 307, 308, 311, 312, 904 and 905.
13. In Clark County, in census voting district 2645, blocks 219, 220, 229, 230, 231, 232, 233, 234, 235 and 236.
14. In Clark County, in census voting district 2740, blocks 810, 811, 812 and 813.
15. In Clark County, in census voting district 3175, block 318B.
16. In Clark County, in census voting district 3210, block 903C.
Sec. 21. NRS 218.0645 is hereby amended to read as follows:
218.0645 Assembly district 14 consists of:
1. In Clark County , census [tract 5.06] voting districts 0120, 0250, 0305, 0465, 0505, 0630, 0660, 0690, 1070, 2790, 2795, 2805 and 2815.
2. In Clark County , in census [tract 5.07, blocks 206 to 209, inclusive, 301 to 305, inclusive, and 307.] voting district 0695, blocks 220, 221, 224 and 225.
3. In Clark County , in census [tract 5.08:
(a) Block group 3.
(b) Blocks 204 to 220, inclusive, 222, 223, and 230 to 232, inclusive.] voting district 2750, blocks 201, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 237, 238, 239, 519, 520, 523 and 524.
4. In Clark County , in census [tract 5.09:
(a) Block group 2.
(b) Blocks 119, 123 to 126, inclusive, 136 and 150.] voting district 2770, blocks 406, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432 and 433.
5. In Clark County , in census [tract 49:
(a) Block groups 2 to 4, inclusive.
(b) Blocks 120 to 123, inclusive, 507 and 508.] voting district 2780, blocks 401, 402, 403, 404, 409 and 410.
6. In Clark County , in census [tract 56, blocks 124, 127, 128, 141 to 143, inclusive, and those parts of blocks 101 to 123, inclusive, and 905 which are in Las Vegas Township.] voting district 2870, block 328.
Sec. 22. NRS 218.065 is hereby amended to read as follows:
218.065 Assembly district 15 consists of:
1. In Clark County , census [tracts 18.01 and 18.02.] voting districts 1775, 1790, 1795, 1820, 1830, 1845, 1865, 1875, 1935, 2005, 2050, 2170, 2580, 2665, 2705, 2935, 3070, 3075, 3080, 3095, 3100, 3115, 3130 and 3155.
2. In Clark County , in census [tract 16.02, block group 5.] voting district 2115, blocks 801, 802, 803 and 810.
3. In Clark County , in census [tract 17.02, blocks 402 to 409, inclusive.] voting district 2175, blocks 417, 418, 512 and 517.
4. In Clark County , in census [tract 19, blocks 110 to 114, inclusive, and 209 to 213, inclusive.] voting district 2185, blocks 503, 504, 505, 506, 507, 508, 513, 514, 515 and 516.
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5. In Clark County , in census [tract 25, blocks 101, 102, 118 to 121, inclusive, 126, 127, 202, 203, 210, 211, 213 to 215, inclusive, 218 to 220, inclusive, 222 to 224, inclusive, 226 to 245, inclusive, and 247 to 251, inclusive.] voting district 2225, block 419.
6. In Clark County, in census voting district 2910, blocks 501, 502, 503, 504, 508 and 509.
7. In Clark County, in census voting district 2915, blocks 218, 219, 220, 221, 222, 223, 224, 225, 226 and 235.
8. In Clark County, in census voting district 3030, blocks 208, 209, 210, 211 and 215.
Sec. 23. NRS 218.0655 is hereby amended to read as follows:
218.0655 Assembly district 16 consists of:
1. In Clark County , census [tract 17.04.] voting districts 2055, 2110, 2125, 2130, 2135, 2140, 2575, 2585, 2605, 2615, 2620, 2630, 2650, 2660, 2680, 2685, 2700, 2710, 2715, 2720, 2920 and 2930.
2. In Clark County , in census [tract 17.03, block group 6.] voting district 1715, blocks 306 and 307.
3. In Clark County , in census [tract 28.01:
(a) Block groups 1 and 8.
(b) Blocks 203, 205 to 220, inclusive, 223, 224, 227 to 236, inclusive, and 238 to 247, inclusive.] voting district 2115, blocks 811 and 812.
4. In Clark County , in census [tract 28.02:
(a) Block group 7.
(b) Blocks 801 to 807, inclusive.] voting district 2645, blocks 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 and 218.
5. In Clark County, in census voting district 2740, block 809.
6. In Clark County, in census voting district 2885, block 233.
7. In Clark County, in census voting district 2910, blocks 505, 506 and 507.
Sec. 24. NRS 218.066 is hereby amended to read as follows:
218.066 Assembly district 17 consists of:
1. In Clark County , census [tracts 45, 46 and 48.01.] voting districts 1230, 1275, 1330, 2850, 2865, 2945, 2960, 2980, 2985 and 2990.
2. In Clark County , in census [tract 36:
(a) Enumeration district 19.
(b) Block groups 1 and 2.
(c) Blocks 911, 914, 915, 917, 920, 930 to 932, inclusive, and 934 to 950, inclusive.] voting district 1150, block 210.
3. In Clark County , in census [tract 44:
(a) Block group 1.
(b) Blocks 212, 213, 215 to 219, inclusive, 231 and 232.] voting district 1185, blocks 101, 102, 201, 202, 203, 941, 942, 943, 946, 947 and 948.
4. In Clark County , in census [tract 47.01, blocks 505 to 514, inclusive.] voting district 1195, blocks 906A, 914A, 915A, 915B, 918A, 918B, 918C, 919, 920, 921, 922, 926, 927, 928, 936, 937, 938, 939, 940 and 944A.
5. In Clark County , in census [tract 48.02:
(a) Block group 9.
(b) Blocks 316 to 324, inclusive, 335 and 336.] voting district 1200, block 104.
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6. In Clark County , in census [tract 56, enumeration district 17.] voting district 2845, blocks 323, 324 and 325.
7. In Clark County , in census [tract 59, enumeration district 18.] voting district 2950, blocks 986 and 987.
8. In Clark County, in census voting district 2955, blocks 502B, 532, 533, 534 and 535.
9. In Clark County, in census voting district 2965:
(a) Blocks 501, 902, 903, 907, 908, 909, 911, 912, 918A, 918B, 918C, 919, 922 and 923.
(b) Located in census tract 004703, blocks 901 and 910.
10. In Clark County, in census voting district 2975, blocks 501B, 504, 505, 506, 507, 508, 509, 510, 511, 906, 913, 914, 915 and 916.
11. In Clark County, in census voting district 2995:
(a) Block 101.
(b) Block 102 located in census tract 004705.
Sec. 25. NRS 218.0665 is hereby amended to read as follows:
218.0665 Assembly district 18 consists of:
1. In Clark County , census [tracts 17.05 and 50.] voting districts 1450, 2095, 2100, 2105, 2120, 2205, 2210, 2265, 2270, 2275, 2280, 2300, 2305, 2310, 2315, 2625 and 2675.
2. In Clark County , in census [tract 16.01, blocks 901 to 922, inclusive, and 924.] voting district 2175, blocks 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 420 and 518.
3. In Clark County , in census [tract 17.01, blocks 801 to 803, inclusive, and 810 to 812, inclusive.] voting district 2185, blocks 501, 502, 509, 510, and 511.
4. In Clark County , in census [tract 28.01, block group 7.] voting district 2225, block 924.
Sec. 26. NRS 218.067 is hereby amended to read as follows:
218.067 Assembly district 19 consists of:
1. In Clark County , census [tracts 39 to 43, inclusive.] voting districts 1115, 1155, 1210, 1215, 2250, 2255, 2260, 2835, 2840, 2855, 2860 and 2970.
2. In Clark County , in census [tract 38, blocks 101 to 108, inclusive, 301 and 323.] voting district 1160, blocks 101, 103, 107, 108, 109, 110, 112, 113, 114, 115, 116, 201, 204, 205 and 208.
3. In Clark County, in census voting district 1170, blocks 122 and 123.
4. In Clark County, in census voting district 1190, blocks 202, 203, 206, 207, 209 and 210.
5. In Clark County, in census voting district 1225, blocks 219 and 220.
6. In Clark County, in census voting district 1265, blocks 105, 119 and 218.
7. In Clark County, in census voting district 1300, block 221 located in census tract 0041.
8. In Clark County, in census voting district 2845, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 313, 317 and 318.
9. In Clark County, in census voting district 2870, blocks 314, 315, 316, 319, 320 and 327.
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10. In Clark County, in census voting district 2875, blocks 201, 203 and 212.
11. In Clark County, in census voting district 2995:
(a) Block 102 located in census tract 004704.
(b) Blocks 103, 104, 105, 106, 107, 108, 109, 110 and 111.
Sec. 27. NRS 218.0675 is hereby amended to read as follows:
218.0675 Assembly district [20] 2 consists of:
1. In Clark County , census [tract 47.02.] voting districts 0075, 0210, 0230, 0245, 0290, 0325, 0340, 0560, 0565, 0585, 0650, 0720, 0830, 0850, 0855, 0885, 1045 and 1090.
2. In Clark County , in census [tract 47.01:
(a) Block groups 1, 4 and 9.
(b) Blocks 501 to 504, inclusive, and 515 to 520, inclusive.] voting district 0090, blocks 401, 402, 403, 404, 405, 406, 407 and 408.
3. In Clark County , in census [tract 48.02:
(a) Block groups 1 and 2.
(b) Blocks 301 to 314, inclusive, 325 to 330, inclusive, 337 and 338.] voting district 0140, blocks 302, 303, 304, 305, 306, 307, 308, 309, 310, 314 and 315.
4. In Clark County , in census [tract 49, blocks 102, 103, 105 to 107, inclusive, 116 to 118, inclusive, 177 to 180, inclusive, 182 to 185, inclusive, 188, 501 to 503, inclusive, and 506.] voting district 0835, block 305A.
5. In Clark County , in census [tract 56, that part of block 905 which is in North Las Vegas Township and block 910.] voting district 0895, blocks 301A, 301D, 313, 315, 316, 319, 320, 321, 325, 326 and 347A.
6. In Clark County, in census voting district 0950, blocks 401, 402, 403, 404, 405, 406 and 407.
7. In Clark County, in census voting district 3005, blocks 405, 406 and 407.
8. In Clark County, in census voting district 3120, blocks 501, 502, 503, 504, 505, 506, 507, 508, 514, 515, 516 and 524.
9. In Clark County, in census voting district 3140, blocks 301C, 303B, 305B, 306, 307, 308, 309, 346 and 347B.
Sec. 28. NRS 218.068 is hereby amended to read as follows:
218.068 Assembly district [21] 20 consists of:
1. In Clark County, [Bunkerville, Logan, Overton and Mesquite townships.] census voting districts 0415, 0745, 0870, 0980, 0985, 0990, 1695, 1750, 2345, 2365, 2370, 2380, 2385, 2390, 2430, 2440, 2445, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 2535, 2555, 2565, 2825, 3255 and 3305.
2. In Clark County , in census [tract 51.] voting district 0045, blocks 102A, 104, 132, 133, 134, 135, 136, 137, 138, 139 and 166A.
3. In Clark County , in census [tract 52:
(a) Blocks 101 to 104, inclusive, 109 to 112, inclusive, 136 to 148, inclusive, and 152.
(b) Block 116, excluding that part which is bounded by a line formed by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracks to a point due south of the point where Van Wagenen Street intersects Victory Road, and then north to that intersection.]
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point where Van Wagenen Street intersects Victory Road, and then north to that intersection.] voting district 0655, blocks 106 and 107.
4. In Clark County , in census [tract 54:
(a) Block groups 1, 3 to 7, inclusive, and 9.
(b) Blocks 201 to 243, inclusive, 245 to 250, inclusive, 252, 254, 255, 259 to 264, inclusive, 266 to 269, inclusive, 276, 284 to 287, inclusive, and 289 to 299, inclusive.] voting district 0875, blocks 214A and 310.
5. In Clark County , in census [tract 56, enumeration districts 23 and 28.] voting district 0900, block 211A.
6. In Clark County, in census voting district 1195, blocks 906B, 906C, 907A, 907B, 907C, 907D, 908A, 908B, 908C, 909, 910, 911, 912, 913A, 913B, 914B, 916, 917, 929, 930, 931, 932, 933, 934, 935, 944B, 945, 973A and 974.
7. In Clark County, in census voting district 1515, block 901C.
8. In Clark County, in census voting district 1600:
(a) Blocks 201A, 901A, 906A and 946A.
(b) Located in census tract 005401, blocks 202 and 203.
9. In Clark County, in census voting district 1605, block 901A.
10. In Clark County, in census voting district 1625, block 102.
11. In Clark County, in census voting district 1685, block 903A.
12. In Clark County, in census voting district 1720, blocks 401, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 532 and 533.
13. In Clark County, in census voting district 1735, blocks 501, 502, 503, 514, 515, 516, 517, 518, 519, 530, 531 and 701.
14. In Clark County, in census voting district 1940, blocks 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378 and 379.
15. In Clark County, in census voting district 2350, blocks 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 901B, 901J, 902, 903, 904, 905, 906, 906F, 907, 908 and 909.
16. In Clark County, in census voting district 2360, blocks 105, 106, 107, 162, 163, 164, 165, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 and 217.
17. In Clark County, in census voting district 2750, blocks 109, 110, 111, 112, 113, 114, 521 and 525.
18. In Clark County, in census voting district 2780, blocks 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139 and 140.
19. In Clark County, in census voting district 2875, blocks 104, 105, 106, 107, 108 and 141.
20. In Clark County, in census voting district 2950, blocks 122, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 147, 148, 149, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 901, 902A, 902B, 903, 904, 905, 906, 907A, 907B, 907C, 908, 909, 910, 911, 912A, 912B, 913, 914, 915, 916, 917, 918, 919, 920A, 920B, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 968, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984 and 985.
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905, 906, 907A, 907B, 907C, 908, 909, 910, 911, 912A, 912B, 913, 914, 915, 916, 917, 918, 919, 920A, 920B, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 968, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984 and 985.
21. In Clark County, in census voting district 2965:
(a) Located in census tract 004801, blocks 901 and 910.
(b) Blocks 904 and 905.
22. In Clark County, in census voting district 2975, blocks 903, 904, 905 and 907.
23. In Clark County, in census voting district 3175, blocks 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 309, 310, 311, 312, 313, 314, 315, 316, 334, 335 and 399B.
24. In Clark County, in census voting district 3180, blocks 184A, 184B, 185, 186 and 190.
25. In Clark County, in census voting district 3185:
(a) Blocks 101, 102, 103, 105B, 201C, 901B, 901D, 902, 903, 903C, 904, 905B, 906C, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946B, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 965, 969, 970 and 971.
(b) Block 201B located in census tract 005401.
26. In Clark County, in census voting district 3190, blocks 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 336, 363, 364, 365, 366, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 and 399B.
27. In Clark County, in census voting district 3210, blocks 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 159, 160, 161, 162, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 301, 302, 303, 304, 305, 306, 307, 308 and 317.
Sec. 29. NRS 218.0685 is hereby amended to read as follows:
218.0685 Assembly district [22] 21 consists of:
1. In Clark County, [Searchlight Township.] census voting districts 1440, 1445, 1480, 1490, 1495, 1500, 1540, 1545, 1550, 1575, 1585, 3270, 3275 and 3280.
2. In Clark County , in census [tracts 53 and 55.] voting district 1395, block 432A.
3. In Clark County , in census [tract 52:
(a) Blocks 105 to 108, inclusive, 113 to 115, inclusive, 117, and 120 to 135, inclusive.
(b) That part of block 116 which is bounded by a line formed by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracks to a point due south of the point where Van Wagenen Street intersects Victor Road, and then north to that intersection.] voting district 1415, blocks 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422, 423, 424, 425, 501A, 502, 504, 505 and 506.
κ1991 Statutes of Nevada, Page 1477 (CHAPTER 493, SB 647)κ
406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422, 423, 424, 425, 501A, 502, 504, 505 and 506.
4. In Clark County , in census [tract 54:
(a) Enumeration district 30.
(b) Block 288 and that part of block 244 which is bounded by Equestrian Drive, Appaloosa Road and Boulder Highway.] voting district 3295, blocks 401B, 432B and 433.
5. In Clark County , in census [tract 56, enumeration districts 24 and 29.
6. In Clark County census tract 57, enumeration districts 25, 26 and 31.] voting district 3300, blocks 201, 202B and 434.
Sec. 30. NRS 218.069 is hereby amended to read as follows:
218.069 Assembly district [23] 22 consists of:
1. [Washoe] In Clark County , census [tracts 10.02, 33.01, 33.02, 33.03 and 33.04.] voting districts 1360, 1365, 1400, 1430, 1590, 1615, 1620, 1630, 1635, 1640, 1645, 1650, 1655, 1660, 1665, 1675, 1680, 1690, 1730, 2540, 2545, 2745, 3205, 3285 and 3290.
2. In [Washoe] Clark County , in census [tract 10.01:
(a) Block group 9.
(b) Blocks 207 to 209, inclusive, 212 to 217, inclusive, 229 to 232, inclusive, 239 to 244, inclusive, 247 and 248.] voting district 1425, block 511.
3. In [Washoe] Clark County , in census [tract 11, blocks 226 to 231, inclusive, that part of block 902 which is in the City of Reno, and blocks 903 to 909, inclusive.] voting district 1465, blocks 207, 208, 209, 210, 211, 212, 213, 214, 255, 256, 257 and 258.
4. In [Washoe] Clark County , in census [tract 32:
(a) Enumeration districts 220 to 223, inclusive.
(b) Block group 9.
(c) Blocks 105, 107 to 110, inclusive, 142 to 146, inclusive, 186, 274 and 277.] voting district 1470, blocks 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 379, 380, 381, 382 and 383.
5. In Clark County, in census voting district 1605, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364 and 903B.
6. In Clark County, in census voting district 1625, blocks 101, 103, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 and 128.
7. In Clark County, in census voting district 1685, blocks 104, 105A, 106, 107, 108, 136, 140, 141, 142, 143, 144, 145, 146 and 147.
8. In Clark County, in census voting district 1710, blocks 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 829 and 830.
9. In Clark County, in census voting district 1720, blocks 402, 403, 404, 534, 535, 536, 537, 538, 539, 540, 541, 601, 602, 603, 604, 605, 606, 702, 910C and 912.
10. In Clark County, in census voting district 1735, blocks 901, 902, 903, 904, 905, 906, 907, 908 and 909.
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11. In Clark County, in census voting district 3180, blocks 901, 902, 903, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 958, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994 and 999.
12. In Clark County, in census voting district 3190, blocks 904B, 905, 906, 907, 908, 911, 912, 913, 933, 934, 979, 980, 981, 982 and 999.
13. In Clark County, in census voting district 3300, block 101D.
Sec. 31. NRS 218.0695 is hereby amended to read as follows:
218.0695 Assembly district 24 consists of:
1. In Washoe County , census [tracts 13, 14, 24 and 25.] voting districts 0401, 0412, 0444, 0501, 0505, 0507, 0516, 0517, 0521, 0522, 0524, 0533, 0536, 0749 and 0803.
2. In Washoe County , in census [tract 1, block group 1.] voting district 0402, blocks 201, 202, 203, 204, 205, 206, 301, 301A, 302, 303, 304, 306, 308A, 309, 314, 315, 316, 317, 318, 319 and 320.
3. In Washoe County , in census [tract 5, blocks 102 to 112, inclusive, 215, 218 to 220, inclusive, 222 to 226, inclusive, and 229.] voting district 0404, blocks 201A, 201C, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 and 230.
4. In Washoe County, in census voting district 0410, blocks 101, 102, 103, 110, 111, 115, 116, 124, 125, 129, 130, 305, 307, 321, 322, 401, 402, 403, 405, 415, 417, 418, 419, 420 and 421.
5. In Washoe County, in census voting district 0419, block 201B.
6. In Washoe County, in census voting district 0425, blocks 203A, 203B, 204A, 204B, 205A, 205B and 206.
7. In Washoe County, in census voting district 0457:
(a) Located in census tract 0014, blocks 124, 125 and 126.
(b) Blocks 127, 128, 129, 132, 133, 202, 206, 207, 223, 224, 229 and 230.
8. In Washoe County, in census voting district 0508, blocks 130, 201, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226 and 227.
9. In Washoe County, in census voting district 0532, blocks 108A, 109, 110 and 111.
10. In Washoe County, in census voting district 0719, blocks 201B, 202, 301C, 301E and 302C.
11. In Washoe County, in census voting district 0752, blocks 201C, 203B, 210B and 216B.
Sec. 32. NRS 218.0705 is hereby amended to read as follows:
218.0705 Assembly district 25 consists of:
1. In Washoe County , census [tract 3, blocks 326 and 327.] voting districts 0109, 0111, 0112, 0116, 0121, 0122, 0123, 0125, 0127, 0133, 0136, 0206, 0212, 0223, 0235, 0242, 0243, 0251, 0253, 0306, 0701, 0704, 0761, 0782, 0795 and 0796.
2. In Washoe County , in census [tract 4:
(a) Block groups 2 and 3.
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(b) Blocks 402 to 405, inclusive, 423 and 424.] voting district 0103, blocks 104, 406, 407, 408, 409, 410, 411, 413 and 414.
3. In Washoe County , in census [tract 10.01:
(a) Block group 1.
(b) Blocks 205, 206, 210, 218, 219, 221 to 227, inclusive, 233 to 238, inclusive, 245, 246 and 249.] voting district 0105, blocks 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130 and 131.
4. In Washoe County , in census [tract 11:
(a) Block group 3.
(b) Blocks 104, 105, 113 to 117, inclusive, 121 to 127, inclusive, 129 to 137, inclusive, and that part of 902 which is in Reno Township but not in the City of Reno.] voting district 0118, blocks 123A, 133A, 401A and 407A.
5. In Washoe County, in census voting district 0124, blocks 407, 801B, 802, 803, 804, 805, 806 and 807.
6. In Washoe County, in census voting district 0131:
(a) Blocks 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 402A, 402B, 402C, 402D, 503, 505A, 505B, 601 and 602.
(b) Block 399 located in census tract 001003.
7. In Washoe County, in census voting district 0208, block 201.
8. In Washoe County, in census voting district 0215, blocks 216, 217, 218, 219, 228, 229, 230, 231, 232, 301, 302, 303, 304, 305, 312, 313, 314, 315, 316, 317, 318, 319, 320 and 328.
9. In Washoe County, in census voting district 0231, blocks 102A, 102B and 102C.
10. In Washoe County, in census voting district 0500:
(a) Blocks 102A, 103A, 104A, 105, 106A, 107A, 107B, 403, 404B, 405 and 405B.
(b) Block 404A located in census tract 0012.
11. In Washoe County, in census voting district 0535, block 207B.
12. In Washoe County, in census voting district 0702, blocks 101B, 102B, 103B, 104, 105, 201, 202, 203, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 313, 314, 315, 316, 399, 403, 404, 405, 406 and 409.
13. In Washoe County, in census voting district 0709, blocks 101B, 102B, 104B and 106B.
14. In Washoe County, in census voting district 0710, blocks 101B, 106B, 107B, 108A, 108D, 108E, 108F, 109B, 109C, 110, 111, 112, 113, 114, 115, 203A, 203B, 205, 206A, 206B, 207, 208, 214, 215, 216, 219, 301C and 304B.
15. In Washoe County, in census voting district 0849, blocks 101C, 103B, 123C, 123G, 311, 312, 401B, 402, 407B and 408.
16. In Washoe County, in census voting district 0901, blocks 213 and 218.
Sec. 33. NRS 218.071 is hereby amended to read as follows:
218.071 Assembly district [26] 23 consists of:
1. [Washoe] In Clark County , census [tracts 21.02 and 22.02.] voting districts 1345, 1350, 1355, 1370, 1375, 1380, 1385, 1390, 1410, 1455, 1460, 1475, 1485, 1510, 1525, 1570 and 1610.
2. In [Washoe] Clark County , in census [tract 21.01, block groups 2 and 9.] voting district 1395, blocks 119, 120, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 202, 203, 204A, 216A, 216B, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 901B.
κ1991 Statutes of Nevada, Page 1480 (CHAPTER 493, SB 647)κ
129, 130, 131, 132, 133, 134, 135, 136, 202, 203, 204A, 216A, 216B, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 901B.
3. In [Washoe] Clark County , in census [tract 22.01:
(a) Block group 9.
(b) Blocks 103 to 105, inclusive, 107 to 130, inclusive, and 156 to 167, inclusive.] voting district 1415, blocks 201A, 205 and 227.
4. In [Washoe] Clark County , in census [tract 32:
(a) Enumeration district 217A.
(b) Blocks 101, 117 to 119, inclusive, 125 to 131, inclusive, and 281.] voting district 1425, blocks 403, 404, 405, 406, 409, 410, 506, 507, 509 and 510.
5. In Clark County, in census voting district 1465, blocks 206, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 259 and 260.
6. In Clark County, in census voting district 1470, blocks 375, 376, 377 and 378.
7. In Clark County, in census voting district 1515, blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 122, 301, 302, 905A and 906B.
8. In Clark County, in census voting district 1600:
(a) Blocks 201, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595 and 596.
(b) Located in census tract 005402, blocks 202 and 203.
9. In Clark County, in census voting district 3185:
(a) Block 201B located in census tract 0051.
(b) Block 204B.
10. In Clark County, in census voting district 3295, block 216C.
11. In Clark County, in census voting district 3300, block 217B.
Sec. 34. NRS 218.0715 is hereby amended to read as follows:
218.0715 Assembly district [27] 26 consists of:
1. In Washoe County , census [tracts 2 and 7 to 9, inclusive.] voting districts 0244, 0323, 0326, 0334, 0335, 0336, 0337, 0338, 0339, 0341, 0344, 0348, 0349, 0350, 0351, 0707, 0731, 0733, 0736, 0742, 0744, 0746, 0769, 0780, 0781, 0832, 0833 and 0834.
2. In Washoe County , in census [tract 3:
κ1991 Statutes of Nevada, Page 1481 (CHAPTER 493, SB 647)κ
(a) Block groups 1 and 2.
(b) Blocks 301 to 312, inclusive, 314 to 325, inclusive, and 328.] voting district 0208, blocks 204, 205, 501, 502, 503, 504, 505, 506, 508, 601, 602, 603, 604, 605 and 606.
3. In Washoe County , in census [tract 4, blocks 301 and 331.] voting district 0716:
(a) Blocks 201B, 302B, 303, 304B, 305, 306B, 308B, 310 and 409B.
(b) Block 307B located in census tract 002204.
4. In Washoe County , in census [tract 11, blocks 210 to 216, inclusive.] voting district 0930, blocks 201, 202, 301, 302, 305, 306, 307, 308, 502, 503, 504, 505, 508, 509, 510 and 511.
5. In Washoe County , in census [tract 21.01, block group 1.
6. In Washoe County census tract 22.01, blocks 168 to 170, inclusive.] voting district 0945, blocks 108, 109, 204, 205, 206, 207, 208, 303, 304, 309, 310, 311, 312, 506, 507, 512 and 513.
Sec. 35. NRS 218.072 is hereby amended to read as follows:
218.072 Assembly district [28] 27 consists of:
1. In Washoe County , census [tracts 6, 12 and 18.] voting districts 0106, 0132, 0135, 0200, 0203, 0240, 0312, 0317, 0347, 0403, 0420, 0700 and 0764.
2. In Washoe County , in census [tract 1, block groups 2 and 3.] voting district 0103, blocks 103, 401, 412, 415, 416 and 422.
3. In Washoe County , in census [tract 4:
(a) Block group 1.
(b) Blocks 406 to 411, inclusive, and 413 to 422, inclusive.] voting district 0105, blocks 101, 102, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117 and 118.
4. In Washoe County , in census [tract 5, blocks 113, 114, 118, 120, 121, 123 to 127, inclusive, 201 to 214, inclusive, 216 and 217.] voting district 0215, blocks 129, 130, 133, 201, 202, 203, 212, 213, 214 and 215.
5. In Washoe County , in census [tract 16:
(a) Block group 2.
(b) Blocks 107 to 121, inclusive, and 124.] voting district 0245, blocks 102, 103, 104, 105, 106, 107, 108, 109B, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 227.
6. In Washoe County , in census [tract 17:
(a) Block group 1.
(b) Blocks 901, 902, 907, 915 and 916.] voting district 0305, block 109A.
7. In Washoe County, in census voting district 0310, blocks 212, 213, 214, 215, 216, 222 and 323.
8. In Washoe County, in census voting district 0346, block 505.
9. In Washoe County, in census voting district 0402, blocks 308, 602, 617, 618, 621, 622, 623, 624, 625, 635, 640 and 646.
10. In Washoe County, in census voting district 0410, blocks 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 619, 620, 626, 627, 628, 629, 630, 631 and 632.
11. In Washoe County, in census voting district 0457:
κ1991 Statutes of Nevada, Page 1482 (CHAPTER 493, SB 647)κ
(a) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 701, 702, 703, 704, 705, 712, 713, 714, 715, 716, 801 and 802.
(b) Located in census tract 0001, blocks 124, 125 and 126.
12. In Washoe County, in census voting district 0500, blocks 201B, 202, 301A, 301B, 301C, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401A, 401B, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515 and 516.
13. In Washoe County, in census voting district 0508, blocks 706, 707, 708, 709, 710, 711, 718, 719, 803, 804, 805 and 806.
14. In Washoe County, in census voting district 0709, blocks 101A, 201A, 201C, 201D, 201E, 201F, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 206A, 206B and 207.
Sec. 36. NRS 218.0725 is hereby amended to read as follows:
218.0725 Assembly district 29 consists of:
1. In Washoe County , census [tracts 15, 23 and 26.01.] voting districts 0428, 0429, 0445, 0458, 0534, 0741, 0747, 0748, 0750, 0802, 0807, 0809, 0810, 0811, 0813, 0848, 0853, 0854, 0855, 0904 and 0907.
2. In Washoe County , in census [tract 16, blocks 102, 103, 123 and 131.] voting district 0421:
(a) Blocks 520A, 604A, 605, 613, 614 and 615.
(b) Block 612 located in census tract 002603.
3. In Washoe County , in census [tract 26.02:
(a) Block group 4.
(b) Blocks 107, 122 to 134, inclusive, 157 to 160, inclusive, 166 to 199, inclusive, 201 to 219, inclusive, 221 to 228, inclusive, 232, 233, 235 to 237, inclusive, 248, 256 to 259, inclusive, 265, 268, 273, 276, 277, 303, 306, 901, 910 to 913, inclusive, 915, 931, 932, 934, 936, 938, 946 to 950, inclusive, 955, 964, 977, 980, 981, 984, 986, 987, 990, 991 and 996.] voting district 0500:
(a) Blocks 402A and 405A.
(b) Block 404A located in census tract 0023.
4. In Washoe County , in census [tract 34, enumeration district 7.] voting district 0532, blocks 101A, 101B, 102, 103, 104, 105, 106, 107 and 604C.
5. In Washoe County, in census voting district 0535, blocks 207A, 208, 305, 306, 309A and 309B.
6. In Washoe County, in census voting district 0728, blocks 418, 421, 422, 423 and 424.
7. In Washoe County, in census voting district 0752, blocks 101C and 105B.
8. In Washoe County, in census voting district 0821, blocks 334, 402, 403, 412, 414 and 524B.
9. In Washoe County, in census voting district 0856, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 340, 341, 342, 343, 344, 345, 346, 347 and 348.
10. In Washoe County, in census voting district 0905, blocks 431, 432, 433, 434, 435, 436, 437, 438, 439A, 439B, 440, 441, 442, 444, 445, 508, 509A, 509B, 511A, 511B, 512A, 512B, 518, 519, 533C and 601.
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Sec. 37. NRS 218.073 is hereby amended to read as follows:
218.073 Assembly district 30 consists of:
1. In Washoe County , census [tracts 19, 20 and 28.] voting districts 0611, 0613, 0614, 0617, 0621, 0624, 0626, 0641, 0643, 0651, 0654, 0658, 0713, 0753 and 0755.
2. In Washoe County , in census [tract 27, that part of block 918 which is in the City of Sparks.] voting district 0245, blocks 334 and 335.
3. In Washoe County , in census [tract 29, blocks 112, 113, 116, 119 to 124, inclusive, 131 to 135, inclusive, 212 to 215, inclusive, and 236.] voting district 0305, blocks 101A, 101B and 115.
4. In Washoe County , in census [tract 30, blocks 317 to 324, inclusive.] voting district 0310, blocks 108, 109, 113A, 114A, 114B, 199, 201, 202, 203, 204, 205, 301, 302, 303, 304, 304A, 304B, 304C, 305, 306, 307, 307A, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 336, 337A, 338, 339, 340, 341, 342 and 343.
5. In Washoe County, in census voting district 0346, blocks 110, 111, 112, 113, 401, 402 and 403.
6. In Washoe County, in census voting district 0620, blocks 808, 809, 810, 811, 812, 813, 814, 815 and 901.
7. In Washoe County, in census voting district 0625, blocks 107A, 108, 109, 501B, 704, 705, 706 and 707.
8. In Washoe County, in census voting district 0655, blocks 108A, 108D and 109A.
9. In Washoe County, in census voting district 0716:
(a) Block 307B located in census tract 002101.
(b) Block 337B.
Sec. 38. NRS 218.0735 is hereby amended to read as follows:
218.0735 Assembly district 31 consists of:
1. In Washoe County , census [tract 29, blocks 101, 103 to 106, inclusive, 109, 110, 125 to 130, inclusive, 136 to 146, inclusive, 201 to 209, inclusive, 218 to 223, inclusive, 225 to 227, inclusive, 237 to 251, inclusive, and 253 to 257, inclusive.] voting districts 0610, 0615, 0616, 0619, 0627, 0630, 0631, 0632, 0633, 0634, 0635, 0638, 0639, 0642, 0647, 0648, 0649, 0650, 0652, 0659 and 0774.
2. In Washoe County , in census [tract 30:
(a) Block groups 1 and 2.
(b) Blocks 301 to 316, inclusive.] voting district 0620, blocks 101, 102, 103, 104, 105, 106, 111, 202 and 203.
3. In Washoe County , in census [tract 31.01, blocks 104 to 107, inclusive, and 901.] voting district 0640, blocks 103A, 103B, 112, 113, 114, 115, 116, 117, 118, 119, 120 and 121.
4. In Washoe County , in census [tract 31.02, blocks 103 to 113, inclusive, 115 to 146, inclusive, 162, 163, 174 and 975.] voting district 0655, blocks 102, 103, 104, 105, 106, 107, 301, 303, 304, 305, 306, 307 and 308.
5. In Washoe County, in census voting district 0728:
(a) Blocks 101B, 102C, 108B, 109B, 110B and 111C.
(b) Block 101C located in census tract 002901.
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Sec. 39. NRS 218.074 is hereby amended to read as follows:
218.074 Assembly district 32 consists of:
1. In Washoe County , census [tract 31.03.] voting districts 0430, 0441, 0442, 0443, 0453, 0456, 0708, 0714, 0725, 0726, 0734, 0735, 0760, 0768, 0801, 0805, 0808, 0812, 0815, 0850, 0851, 0852 and 0910.
2. In Washoe County , in census [tract 17, blocks 905, 906, 909 to 914, inclusive, 917 and 918.] voting district 0404, block 107A.
3. In Washoe County , in census [tract 26.02, blocks 101 to 103, inclusive, 105, 106, 109, 111, 112, 114, 116, 135 to 138, inclusive, 161 to 165, inclusive, 266, 267, 305, 307 to 309, inclusive, 314, 916, 940, 954, 975, 976, 978, 979, 985 and 995.] voting district 0419, blocks 101A, 102, 103, 104, 105A, 106, 604B and 607.
4. In Washoe County , in census [tract 27:
(a) Block groups 1 and 2.
(b) Blocks 903, 905 to 909, inclusive, 912 to 917, inclusive, that part of 918 which is in Sparks Township but not in the City of Sparks, and 919 to 925, inclusive.] voting district 0421:
(a) Blocks 521A, 522A, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532A, 533A, 534A, 535A, 538A, 605B, 607, 609B, 609C, 611A, 611B, 613A, 615A, 616, 701, 702, 703, 704A, 704C, 705A, 705C, 706, 707, 708, 709 and 710.
(b) Block 612 located in census tract 002604.
5. In Washoe County , in census [tract 29, block 107.] voting district 0425, blocks 119, 401, 402, 403, 404, 405, 406, 407A, 407B, 407C, 408, 409, 502A, 505A, 506, 507, 508 and 511.
6. In Washoe County , in census [tract 31.01, blocks 102, 103, 108, 110, 112, 114 to 116, inclusive 955, 956 and 975.] voting district 0625, blocks 504, 505B, 505C, 509 and 510.
7. In Washoe County , in census [tract 31.02:
(a) Block group 2.
(b) Blocks 101, 151 to 155, inclusive, 173, 175, 176, 180 and 913.] voting district 0640, blocks 101A, 101B, 101D, 102, 129A, 446A, 446B, 462A, 463A, 463C, 465A and 465B.
8. In Washoe County , in census [tract 31.04:
(a) Enumeration districts 238 to 247, inclusive.
(b) Block group 1.] voting district 0719, blocks 101B, 102, 104A, 104B, 105A, 105B, 105C, 106, 106B, 107B, 403C, 403D, 605H, 613B, 614C and 615B.
9. In Washoe County, in census voting district 0728:
(a) Block 101C located in census tract 003103.
(b) Blocks 101D, 101E, 103D, 104, 105A, 105B, 106, 107C, 129B, 130, 201, 205, 206, 207, 208, 216, 217, 220, 302, 443, 444, 445, 446G, 447, 448, 449, 450, 451, 457, 459, 460, 461, 462B, 463B, 463D, 464, 465C, 465D, 465E, 466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.
10. In Washoe County, in census voting district 0821, blocks 415, 416, 417, 418, 419, 420, 421, 522, 523, 525B, 526, 527 and 528.
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11. In Washoe County, in census voting district 0856, blocks 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 542, 543, 544 and 545.
12. In Washoe County, in census voting district 0905, blocks 521D and 532B.
Sec. 40. NRS 218.0745 is hereby amended to read as follows:
218.0745 Assembly district 33 consists of:
1. In Elko County [.] , census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050, 0055, 0070, 0075, 0080, 0090, 0095, 0105, 0110, 0115, 0120, 0125, 0135, 0145, 0150, 0155, 0165, 0170, 0185 and 0190.
2. In [Eureka County:
(a) Beowawe Township.
(b) In Eureka Township, enumeration districts 480 to 486, inclusive.] Elko County, in census voting district 0100:
(a) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120, 121, 122, 123, 124, 125, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 161, 162, 163, 165, 166, 167, 168, 169, 174, 175, 176, 177, 178, 179, 180, 184, 185, 186, 187, 188, 189, 192, 193, 199B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 223, 224, 259, 260, 261, 262, 263, 266, 267, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 and 299B.
(b) Located in census tract 9503, blocks 111, 112, 113, 114, 115, 116, 117, 118, 119, 126, 127, 128, 201, 202, 203, 204, 215, 216, 217, 218, 219, 220, 225, 226, 229, 230, 231, 232, 234, 248, 254, 255, 256, 257, 264, 265, 268, 269, 270, 271, 272, 273, 274, 279 and 294.
3. In Elko County, in census voting district 0140, blocks 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 123, 124, 125, 126, 127, 128, 129, 130, 131C, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142C, 142D, 142E, 144, 146, 147, 148, 195, 196, 197, 199, 201B, 201C, 205B, 206B, 207, 227, 237, 244B, 245B, 246C, 246D, 247B, 248, 249, 311, 312B, 314B, 318C, 319B, 320B, 321B, 322 and 323B.
Sec. 41. NRS 218.0755 is hereby amended to read as follows:
218.0755 Assembly district 34 consists of:
1. Humboldt and Pershing counties.
2. In [Lander County, Argenta Township.
3. In Washoe County, Gerlach and Wadsworth townships.] Elko County, census voting districts 0060, 0065, 0085, 0130, 0160, 0175 and 0180.
3. In Elko County, in census voting district 0100:
(a) Located in census tract 9507, blocks 111, 112, 113, 114, 115, 116, 117, 118, 119, 126, 127, 128, 201, 202, 203, 204, 215, 216, 217, 218, 219, 220, 225, 226, 229, 230, 231, 232, 234, 248, 254, 255, 256, 257, 264, 265, 268, 269, 270, 271, 272, 273, 274, 279 and 294.
(b) Blocks 227, 228, 233, 235, 236, 237, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251, 252, 253, 275, 276, 277, 278, 295, 296 and 299A.
4. In Elko County, in census voting district 0140, blocks 301, 302, 303, 304, 305, 306, 307, 355, 359 and 399.
5. In Eureka County, census voting districts 0015 and 0020.
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6. In Eureka County, in census voting district 0005, blocks 101, 102, 103, 104, 105, 109, 110, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 167, 168, 169, 189, 190, 194, 195, 196, 197, 199, 301, 302, 303, 304, 305, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357 and 386.
7. In Eureka County, in census voting district 0010:
(a) Located in census tract 9603, blocks 104, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 165, 166, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193 and 199.
(b) Blocks 306, 307, 316, 317, 339, 340, 341, 342, 343, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382 and 383.
8. In Lander County, census voting districts 0005, 0010, 0015 and 0020.
Sec. 42. NRS 218.076 is hereby amended to read as follows:
218.076 Assembly district 35 consists of:
1. Churchill and White Pine [County.
2. In Lander County, Austin Township.
3. In Churchill County, enumeration districts 850 to 857, inclusive, 859 to 865, inclusive, 866A to 866C, inclusive, 867, 868, 869A to 869G, inclusive, and 1500 to 1502, inclusive.
4. In Eureka County, enumeration districts 487 to 489, inclusive.] counties.
2. In Eureka County, in census voting district 0005, blocks 392, 393, 394 and 395.
3. In Eureka County, in census voting district 0010:
(a) Blocks 101, 102, 103, 105, 109, 110, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 167, 168, 169, 189, 190, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 299, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 384, 385, 387, 388, 389, 390, 391, 396 and 397.
(b) Located in census tract 9604, blocks 104, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 165, 166, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193 and 199.
4. In Lander County, census voting districts 0025 and 0030.
5. In Lincoln County, in census voting district 0020, block 218.
Sec. 43. NRS 218.0765 is hereby amended to read as follows:
218.0765 Assembly district 36 consists of :
1. Esmeralda, [Lincoln,] Mineral and Nye counties.
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2. In Lincoln County, census voting districts 0005, 0010, 0015 and 0025.
3. In Lincoln County, in census voting district 0020, blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 332, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 392, 393, 394, 395, 396, 397, 399A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 429, 464, 492, 493, 494, 495, 496, 497 and 499.
Sec. 44. NRS 218.077 is hereby amended to read as follows:
218.077 Assembly district 37 consists of:
1. In Carson City , census [tracts 4 and 5.] voting districts 0104, 0107 and 0114.
2. In Carson City , in census [tract 3, blocks 101 to 111, inclusive.] voting district 0108, blocks 112, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135, 136, 137, 139, 140, 141, 142, 143, 144, 145, 146, 153 and 205.
3. In Carson city , in census [tract 6:
(a) Block groups 1 to 3, inclusive.
(b) Blocks 402, 501, 502, 513, 514, 701, and 705 to 707, inclusive.] voting district 0115, blocks 402, 403, 404, 437, 438, 439, 440 and 451.
4. In [Washoe County census tract 32:
(a) Enumeration districts 200, 201, 219A and 224.
(b) Blocks 102, 111 to 113, inclusive, 116, 121, 122, 275, 279, 280, 317 to 321, inclusive, 323 to 330, inclusive, 332 and 333.] Carson City, in census voting district 0117, blocks 101, 102, 103, 104, 105, 106, 107, 108, 110, 113, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 131, 132, 133, 134, 135, 136, 137, 143A, 154A, 185, 186 and 955A.
5. In Carson City, in census voting district 0225, block 127.
6. In Carson City, in census voting district 0440, blocks 620 and 625.
7. In Carson City, in census voting district 0446:
(a) Blocks 177, 206, 208, 209, 210, 211, 225, 226, 228, 229, 232, 238, 239, 240, 241, 242, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 617, 618, 619 and 626.
(b) Block 203 located in census tract 0003.
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8. In Carson City, in census voting district 0480, blocks 227, 281, 282, 283, 284 and 285.
9. In Washoe County, census voting districts 0232, 0252, 0703, 0705, 0712, 0720, 0721, 0722, 0723, 0724, 0727, 0729, 0730, 0732, 0737, 0739, 0740, 0771, 0816, 0817, 0818, 0902, 0903, 0933, 0935 and 0939.
10. In Washoe County, in census voting district 0118, blocks 128A, 412A and 413.
11. In Washoe County, in census voting district 0124, blocks 414, 701, 702, 703, 704, 705, 706 and 801A.
12. In Washoe County, in census voting district 0131:
(a) Blocks 312A, 313, 314, 315, 316, 431A and 602A.
(b) Block 399 located in census tract 001003.
13. In Washoe County, in census voting district 0231, blocks 601, 701, 702, 703, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.
14. In Washoe County, in census voting district 0702, blocks 410, 411, 412B, 421, 422 and 423.
15. In Washoe County, in census voting district 0710, blocks 217, 221, 301A, 301B, 302A, 302B, 303, 304A, 305A, 305B, 305C, 305D, 305E, 306A, 306B, 306C, 310, 501, 502, 503, 504 and 505.
16. In Washoe County, in census voting district 0849, blocks 133B and 134.
17. In Washoe County, in census voting district 0901, blocks 211A, 211B, 212, 220, 312B, 431B, 432, 433 and 602D.
18. In Washoe County, in census voting district 0930, blocks 203, 515, 516, 517 and 518.
19. In Washoe County, in census voting district 0945, block 514.
Sec. 45. NRS 218.0775 is hereby amended to read as follows:
218.0775 Assembly district 38 consists of:
1. Lyon and Storey counties.
2. In [Churchill County, enumeration districts 858 and 870 to 872, inclusive.
3. In East Fork Township of Douglas County, enumeration districts 45 and 46.] Carson City, census voting districts 0222, 0229 and 0336.
3. In Carson City, in census voting district 0221, blocks 412, 413, 508, 509, 510, 511 and 512.
4. In Carson City, in census voting district 0224, blocks 407, 408, 501, 502, 503, 504, 505, 506 and 507.
5. In Carson City, in census voting district 0225, blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 128, 129, 147, 148, 149, 150, 151, 152, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 171, 201, 202, 203, 204, 205, 206, 208, 209, 210, 211, 212 and 213.
6. In Carson City, in census voting district 0332, block 101.
7. In Carson City, in census voting district 0337, blocks 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371, 372, 373, 374, 379, 380, 381 and 382.
κ1991 Statutes of Nevada, Page 1489 (CHAPTER 493, SB 647)κ
Sec. 46 NRS 218.078 is hereby amended to read as follows:
218.078 Assembly district 39 consists of [the following areas in] :
1. Douglas County . [:
1. Tahoe Township.
2. In East Fork Township, enumeration districts 25 to 37, inclusive, 38A, 38B, 39 to 44, inclusive, 47 and 66.]
2. In Carson City, in census voting district 0334:
(a) Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 257, 258, 259, 260, 261, 262, 264, 272, 273, 275, 276, 277, 278, 279, 280, 281, 282, 299, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314, 315, 316, 319, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 396, 397 and 399.
(b) Located in census tract 0010, blocks 313, 317, 318, 320, 321, 322 and 323.
3. In Carson City, in census voting district 0337, blocks 365, 366, 393, 394 and 395.
4. In Carson City, in census voting district 0449, blocks 211, 212, 213, 214, 215, 216, 249, 250, 251, 252, 253, 254, 255, 256, 263, 265, 266, 267, 268, 269 and 274.
Sec. 47. NRS 218.0785 is hereby amended to read as follows:
218.0785 Assembly district 40 consists of:
1. In Carson City , census [tracts 1, 2, 7 and 8.] voting districts 0101, 0102, 0103, 0105, 0106, 0109, 0112, 0113, 0220, 0223, 0226, 0227, 0228, 0330, 0331, 0335, 0339, 0441, 0442, 0443, 0444, 0445, 0447 and 0448.
2. In Carson City , in census [tract 3:
(a) Block group 2,
(b) Blocks 112 to 138, inclusive, 148, 149 and 197 to 199, inclusive.] voting district 0108, blocks 138 and 204.
3. In Carson City , in census [tract 6, blocks 401, 403 to 412, inclusive, 417, 503 to 512, inclusive, 601 to 635, inclusive, 702 to 704, inclusive, and 708 to 710, inclusive.] voting district 0115, blocks 508 and 509.
4. In Carson City, in census voting district 0117, blocks 165, 166, 167 and 168.
5. In Carson City, in census voting district 0221, blocks 310, 401, 402, 407, 408 and 409.
6. In Carson City, in census voting district 0224, blocks 109, 111, 112, 301, 302, 308, 309, 311 and 312.
7. In Carson City, in census voting district 0332, blocks 105, 106, 107, 108, 109, 203, 204, 205, 206, 301, 302, 303, 304, 305, 306 and 307.
8. In Carson City, in census voting district 0334:
(a) Blocks 101 and 102.
(b) Located in census tract 0007, blocks 313, 317, 318, 320, 321, 322 and 323.
9. In Carson City, in census voting district 0337, blocks 375, 376, 377, 378, 383, 384, 385, 386, 387, 388, 389, 390, 391 and 392.
10. In Carson City, in census voting district 0440, blocks 514, 515, 516, 517, 518, 519, 520 and 521.
11. In Carson City, in census voting district 0446:
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(a) Blocks 101, 201, 202, 204, 205, 207, 230, 231, 233, 234, 235, 236, 237, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 627, 628 and 629.
(b) Block 203 located in census tract 0007.
12. In Carson City, in census voting district 0449, blocks 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 270 and 271.
13. In Carson City, in census voting district 0480, blocks 146, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279 and 280.
Sec. 48. NRS 218.079 is hereby amended to read as follows:
218.079 Assembly district 41 consists of:
1. In Clark County , census [tract 24.02, blocks 202 and 203.] voting districts 1770, 1805, 1840, 1960, 2010, 2035, 2570, 2590, 2695, 2890, 2900, 2905 and 2925.
2. In Clark County , in census [tract 25, blocks 116, 123 and 125, inclusive.] voting district 1800, blocks 105, 206, 207 and 208.
3. In Clark County , in census [tract 26, blocks 102, 103, 107 to 113, inclusive, and 120 to 133, inclusive.] voting district 2885, blocks 229, 230, 231, 232 and 234.
4. In Clark County , in census [tract 27.01, blocks 101 to 103, inclusive, 105, 107 to 125, inclusive, 131 to 137, inclusive, 214 to 216, inclusive, 218, 232 to 238, inclusive, and 241 to 245, inclusive.
5. In Clark County census tract 27.02:
(a) Block group 5.
(b) Blocks 301 to 305, inclusive, 309 to 313, inclusive, 315 to 325, inclusive, and 330 to 337, inclusive.] voting district 2915, blocks 205, 217, 227 and 228.
Sec. 49. NRS 218.0795 is hereby amended to read as follows:
218.0795 Assembly district [42] 5 consists of:
1. In Clark County , census [tract 16.01:
(a) Block groups 1 to 8, inclusive.
(b) Block 923.] voting districts 1095, 1785, 1905, 1965, 1980, 2000, 2060, 2090 and 3150.
2. In Clark County , in census [tract 16.02, blocks 129 to 142, inclusive.] voting district 1895, blocks 603 and 607.
3. In Clark County , in census [tract 17.01:
(a) Block groups 1 and 7.
(b) Blocks 804 to 809, inclusive, and 813 to 820, inclusive.] voting district 1975, blocks 517, 518, 519, 520, 521 and 541.
4. In Clark County , in census [tract 17.02:
(a) Block groups 1, 2 and 5.
(b) Blocks 401 and 411 to 418, inclusive.] voting district 2045, blocks 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815 and 816.
5. In Clark County , in census [tract 17.03, block groups 4 and 5.] voting district 3005, blocks 107, 108, 109, 110, 401, 402, 403, 404, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 and 428.
κ1991 Statutes of Nevada, Page 1491 (CHAPTER 493, SB 647)κ
411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 and 428.
6. In Clark County, in census voting district 3105, blocks 104, 105, 106, 113 and 114.
7. In Clark County, in census voting district 3120, blocks 509, 510, 511, 512, 513, 522, 523, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557 and 564.
Sec. 50. NRS 218.082 is hereby amended to read as follows:
218.082 [1. The secretary of state shall obtain maps accurately showing the blocks, block groups, enumeration districts and census tracts of the state.
2. Each county clerk whose county does not lie entirely in one assembly district shall obtain maps for his county accurately showing the blocks, block groups, enumeration districts or census tracts of his county.
3.] Each county clerk and the Carson City clerk shall, before all elections and pursuant to NRS 293.205, establish the election precincts within the county and Carson City, respectively, in such manner that each election precinct for all elections at which any senator or assemblyman is to be elected, or nominated for election, is wholly within some one of the legislative districts. The establishment of an election precinct for any such election which lies partly in two or more legislative districts is void.
Sec. 51. NRS 218.084 is hereby amended to read as follows:
218.084 1. If any area of this state is omitted from the provisions of NRS 218.051 to 218.082, inclusive, inadvertently or by virtue of the complexities of the information supplied to the legislature, the county clerk , [or] the Carson City clerk [,] or the director of the legislative counsel bureau, upon discovery of the omission, shall notify the secretary of state of the omission. The secretary of state shall attach that area to the appropriate assembly district or senatorial district as follows:
(a) If the area is surrounded by an assembly district or senatorial district, the area must be attached to that district.
(b) If the area is contiguous to two or more assembly districts or senatorial districts, the area must be attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the director of the legislative counsel bureau and with the secretary of state. No change may be made in any attachments until the legislature is again reapportioned.
Sec. 52. NRS 218.054 is hereby repealed.
Sec. 53. 1. Each member of the senate who was elected on or before November 6, 1990, shall serve out the term of office for which he was elected.
2. The senators elected on November 6, 1990, shall represent the following designated senatorial districts:
(a) The senator elected from the Capital senatorial district shall represent the Capital senatorial district as amended by this act until the expiration of his current term of office.
(b) The senator elected from the Western Nevada senatorial district shall represent the Western Nevada senatorial district as amended by this act until the expiration of his current term of office.
κ1991 Statutes of Nevada, Page 1492 (CHAPTER 493, SB 647)κ
(c) The senator elected from Clark County senatorial district 1 shall represent Clark County senatorial district 1 as amended by this act until the expiration of his current term of office.
(d) The senator elected from Clark County senatorial district 2 shall represent Clark County senatorial district 2 as amended by this act until the expiration of his current term of office.
(e) The senator elected from Clark County senatorial district 3 shall represent Clark County senatorial district 3 until the expiration of his current term of office.
(f) The senator elected from Clark County senatorial district 5 shall represent Clark County senatorial district 5 until the expiration of his current term of office.
(g) The senator elected from Clark County senatorial district 6 shall represent Clark County senatorial district 8 until the expiration of his current term of office.
(h) The senator elected from Clark County senatorial district 7 shall represent Clark County senatorial district 7 until the expiration of his current term of office.
(i) The senator elected from Washoe County senatorial district 1 shall represent Washoe County senatorial district 1 until the expiration of his current term of office.
(j) The senator elected from Washoe County senatorial district 2 shall represent Washoe County senatorial district 2 until the expiration of his current term of office.
(k) The senator elected from Washoe County senatorial district 3 shall represent Washoe County senatorial district 4 until the expiration of his current term of office.
3. Any vacancy must be filled for the unexpired term.
Sec. 54. At the general election in 1992, and every 4 years thereafter, one member of the senate must be elected for a term of 4 years to the open seat in Clark County senatorial district 8 created pursuant to subsection 10 of NRS 218.055.
Sec. 55. This act becomes effective on June 1, 1992, for the purpose of nominating candidates for and electing the members of the Nevada legislature at the primary and general elections in 1992. For all other purposes, this act becomes effective on November 4, 1992.
________
κ1991 Statutes of Nevada, Page 1493κ
Assembly Bill No. 818Committee on Ways and Means
CHAPTER 494
AN ACT making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993; and providing other matters properly relating thereto.
[Approved June 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 49, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.
1991-92 1992-93
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor ........................... $1,265,594...... $1,265,667
For the support of the governors mansion ................................. 211,104........... 191,346
For the support of the office of the extradition coordinator ...................................... 741,926................................. 789,223
For the support of the office of high-level nuclear waste ................................... 35,000.............. 35,000
For the support of the commission on substance abuse ................................... 31,522.............. 42,668
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor .............................. $196,202......... $204,340
Sec. 4. The Office of Attorney General.
For the support of the office of attorney general ........................... $3,059,751...... $2,921,215
For the special litigation account of the attorney general ............................................................ 100,000................................. 100,000
For the Support of the crime prevention program ................................... 78,390.............. 71,510
Sec. 5. The Office of Secretary of State.
For the support of the office of secretary of state ........................... $1,739,435...... $1,874,531
For the support of the securities division ............................. 1,089,666........ 1,090,907
Sec. 6. The Office of State Treasurer.
For the support of the office of state treasurer .............................. $689,613......... $699,264
κ1991 Statutes of Nevada, Page 1494 (CHAPTER 494, AB 818)κ
Sec. 7. The Office of State Controller.
For the support of the office of the state controller ........................... $1,929,504...... $1,933,913
Sec. 8. Department of Administration.
For the support of:
Budget division ................................ $1,071,736............... $1,184,786
Merit award board ........................... .............. 2,950................. 2,950
Clear Creek youth center .......................... 140,199........... 140,393
Sec. 9. Department of General Services.
For the support of:
Buildings and grounds division ................ $20,000................................. $20,000
Sec. 10. State Public Works Board.
For the support of the state public works board ........................... $1,224,565...... $1,238,770
Sec. 11. Department of Taxation.
For the support of:
Department of taxation ...................... $6,456,150..... $6,666,911
Senior Citizens Property Tax Assistance ............................. 2,122,869...... 2,195,365
Sec. 12. Nevada Commissioner for Veterans Affairs.
For the support of the Nevada commissioner for veterans affairs ............................ $643,765.............................. $620,773
Sec. 13. Nevada Equal Rights Commission.
For the support of the Nevada equal rights commission .............................. $598,055......... $598,074
Sec. 14. Indian Affairs Commission.
For the support of the Indian affairs commission .............................. $139,859......... $141,761
Sec. 15. Employee-Management Relations Board.
For the support of the employee-management relations board .............................................. $109,080.............................. $111,527
Sec. 16. Legislative Fund.
For the support of the legislative commission .............................. $501,967......... $372,409
For the support of the audit division of the legislative counsel bureau ............................ 1,667,498............................. 1,684,096
For the support of the administrative division of the legislative counsel bureau .......... 2,670,852............................. 2,710,259
For the support of the legal division of the legislative counsel bureau ............................ 1,736,279 2,244,644 For the support of the research division of the legislative counsel bureau .............. 1,069,412.................... 1,027,539
κ1991 Statutes of Nevada, Page 1495 (CHAPTER 494, AB 818)κ
For the support of the research division of the legislative counsel bureau ............................ 1,069,412............................. 1,027,539
For the support of the fiscal analysis division of the legislative counsel bureau ............. 958,115................................. 943,485
For the support of interim legislative operations ................................. 174,068........... 158,312
Sec. 17. Supreme Court of Nevada.
For the support of the supreme court of Nevada .............................. $918,499...... $1,098,948
For the support of the state board of pardons commissioners ................................... 63,765................................... 41,811
For the support of the law library ....................... 619,963................................. 758,698
For the support of the commission on judicial selection ..................................... 5,500................ 5,500
Sec. 18. Commission on Judicial Discipline.
For the support of the commission on judicial discipline ................................. $32,797........... $33,045
Sec. 19. District Judges Travel.
For the support of district judges travel ........................... ................................. $17,000........... $17,000
Sec. 20. District Judges Salaries and Judicial Pensions.
For the support of the district judges salaries and pensions of justices, judges and widows ........................... $4,242,965...... $4,276,865
Sec. 21. Public Defender.
For the support of the office of public defender .............................. $471,107......... $525,237
Sec. 22. Commission on Economic Development.
For the support of the commission on economic development .............................. $2,576,070........................... $2,578,777
Film division .............................................................. 97,513................................... 99,423
Rural community development ............................ 49,882................................... 52,336
Small business and federal procurement ................................. 127,968........... 133,501
Sec. 23. State Department of Education.
For the support of:
Education, administration .................. $1,327,355..... $1,385,171
Vocational education ................................ 676,955................................. 676,955
Professional standards commission ................................. 350,201......... 366,369
School lunch program ............................... 324,500................................. 324,500
Adult basic education ............................... 195,000................................. 204,000
Care of handicapped children ................. 945,854 1,093,081 Proficiency testing ....................... 279,153..... 287,385
κ1991 Statutes of Nevada, Page 1496 (CHAPTER 494, AB 818)κ
Proficiency testing ...................................... 279,153................................. 287,385
Other state programs ................................... 17,500................................... 17,500
School improvements ............................ 1,000,000............................. 1,000,000
Sec. 24. Commission on Postsecondary Institutional Authorization.
For the support of the commission on postsecondary education ....................................... $167,943.............................. $170,995
Sec. 25. University of Nevada System.
For the support of:
System administration ........................ $1,772,049........................... $1,856,050
University press .......................................... 465,526................................. 475,270
Statewide programsUNR .................... 3,726,180............................. 3,801,826
Intercollegiate athleticsUNR .............. 1,136,388............................. 1,156,097
Statewide programsUNLV ..................... 479,492................................. 488,292
Intercollegiate athleticsUNLV ............ 1,136,415............................. 1,156,152
Agricultural experiment station ............ 4,180,895............................. 4,288,919
Cooperative extension services ............ 3,706,980............................. 3,807,934
System computing center ...................... 6,578,290............................. 6,842,466
Desert research institute ......................... 2,085,661............................. 2,170,821
National direct student loan ....................... 30,000................................... 30,000
University of Nevada, Reno ............... 50,013,762........................... 53,248,188
School of medical sciences, UNR ...... 10,792,530........................... 11,225,020
University of Nevada, Las Vegas ...... 55,885,985........................... 60,811,403
Community college of southern Nevada ........................... 18,705,989.... 20,469,882
Western Nevada community college ............................. 7,090,744...... 7,742,055
Truckee Meadows community college ........................... 11,889,297.... 12,813,610
Northern Nevada community college ............................. 3,951,409...... 4,406,935
Business center, north ............................ 1,262,649............................. 1,342,027
Business center, south ............................ 1,012,122............................. 1,059,957
University system-special projects ......................... ................................. 419,672......... 419,672
University system salary ........................... 454,080................................. 936,020
Sec. 26. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the western interstate commission for higher education ........................... $212,882 $208,001 For the support of the western interstate commission for higher education loan fund ....................... 400,000....... 400,000
κ1991 Statutes of Nevada, Page 1497 (CHAPTER 494, AB 818)κ
For the support of the western interstate commission for higher education loan fund ................................. 400,000........... 400,000
Sec. 27. Department of Museums and History.
For the support of the office of the director .............................. $207,855......... $207,412
For the support of the Nevada historical society ................................. 460,466........... 487,199
For the support of the Nevada state museum, Carson City ................................................... 798,757................................. 799,789
For the support of the Nevada museum, Las Vegas ................................. 583,062........... 651,459
For the support of the Lost City museum ................................. 197,673........... 199,447
For the support of the Nevada railroad museum ................................. 204,101........... 211,940
Sec. 28. Nevada Council on the Arts.
For the support of the Nevada council on the arts .............................. $485,261......... $502,530
Sec. 29. State Library and Archives.
For the support of the state library and archives ........................... $1,671,209...... $2,190,073
Nevada state library-literacy ................................. 73,261................................... 79,760
For the support of the division of archives and records ................................. 406,217........... 383,112
Sec. 30. Department of Human Resources.
For the support of:
Office of the director of human resources .............................. $421,550....... $426,934
Committee to hire the handicapped ................................. 168,515......... 169,237
Aging services division ........................... 1,291,928............................. 1,299,482
Senior services program ...................... 448,835.......................... 448,445
Child and family services division
Children, youth and family ............ 2,501,626....................... 2,449,454
Child care services bureau ................. 258,195.......................... 194,581
Northern Nevada childrens home ....................... 1,058,637...... 1,075,342
Southern Nevada childrens home ....................... 1,093,789...... 1,111,487
Nevada youth training center ........ 4,597,985....................... 4,688,021
Probation subsidies .............................. 971,727....................... 1,007,054
Caliente training center ................... 3,361,727....................... 3,456,987
Youth community services ............. 8,400,264 9,496,319 Alternative placements .............. 2,060,647............... 2,114,604
κ1991 Statutes of Nevada, Page 1498 (CHAPTER 494, AB 818)κ
Alternative placements ................... 2,060,647....................... 2,114,604
Youth corrections services .............. 1,142,369....................... 1,202,027
Health division
Office of state health officer ............. 650,066.......................... 665,656
Vital statistics ....................................... 514,076.......................... 515,622
Cancer control registry .......................... 83,263............................ 87,108
Bureau of health facilities .................. 285,143.......................... 284,829
Maternal and child health services ....................... 3,489,888...... 3,621,478
Special childrens clinic ................... 3,202,341....................... 3,160,454
Bureau of community health services .......................... 407,292......... 395,512
Bureau of laboratory and research ....................... 1,018,056...... 1,029,018
Consumer protection .......................... 670,647.......................... 626,632
Radiological health ............................. 208,625.......................... 206,434
Sexually transmitted disease control .......................... 188,683......... 185,663
Communicable disease control .......................... 366,316......... 375,157
Emergency medical services .............. 448,004.......................... 451,511
Immunization control ......................... 636,213.......................... 682,690
Health aid to counties ..................... 1,213,919....................... 1,269,062
Mental hygiene and mental retardation division
Division administration ................... 1,123,480....................... 1,131,538
Regional training .................................... 86,167............................ 88,401
Southern Nevada adult mental health services ............................... 14,556,644.................... 14,900,524
Southern Nevada child and adolescent services ................................. 4,342,024....................... 4,413,884
Nevada mental health institute .................... 10,944,587.... 10,990,856
Northern Nevada child and adolescent services ................................. 2,336,398....................... 2,453,647
Facility for the mental offender ....................... 2,415,509...... 2,434,968
Rural clinics ....................................... 3,151,356....................... 3,113,979
Southern Nevada mental retardation services ................................................ 1,031,261....................... 1,038,200
Northern Nevada mental retardation services ................................................... 712,539.......................... 695,848
Community training center ............ 1,477,897....................... 1,619,659
Resident placement ......................... 1,497,701....................... 1,494,350
Chapter 1 Special education .......... 185,731.......................... 190,905
MHMR: Home care ............................ 266,760 280,800 Welfare division
κ1991 Statutes of Nevada, Page 1499 (CHAPTER 494, AB 818)κ
Welfare division
Welfare administration ................... 8,597,812....................... 9,376,019
Assistance to aged and blind .......... 3,105,961....................... 3,340,963
Aid to dependent children ............ 20,004,896.................... 21,974,350
Food stamp program ....................... 3,023,392....................... 3,688,523
Nevada Medicaid .......................... 96,672,187.................. 114,442,650
Employment and training program ....................... 1,794,442...... 2,211,610
Rehabilitation division
Vocational rehabilitation ................ 1,281,428....................... 1,072,176
Financial assistance for physically disabled .......................... 528,811......... 544,675
Community based services ................ 170,000.......................... 170,000
Services to the blind ............................ 740,264.......................... 772,449
Alcohol and drug abuse rehabilitation ....................... 3,112,723...... 3,195,830
Traumatic head injury program .......................... 304,328......... 304,328
Sec. 31. Department of the Military.
For the support of the department of the military ........................... $1,118,234...... $1,107,548
For the support of National Guard benefits ................................... 65,000.............. 65,000
For the support of the division of emergency management.................................... 295,463................................. 292,926
Sec. 32. Department of Prisons.
For the support of the office of director ...... $5,940,611........................... $5,802,248
For the support of medical care .................... 16,454,221........................... 17,203,936
For the support of the southern Nevada correctional center ............................................. 6,817,107............................. 6,872,439
For the support of the southern desert correctional center ...................................................... 11,001,384........................... 11,432,637
For the support of the Nevada state prison ............................. 9,318,989........ 9,446,597
For the support of the northern Nevada correctional center ............................................. 9,558,727............................. 9,842,299
For the support of the Reno correctional facility ............................. 1,476,001........ 1,496,699
For the support of the Nevada womens correctional center ............................................. 2,518,238............................. 2,477,526
For the support of the Ely maximum security prison ........................... 13,721,296...... 13,949,283
For the support of the Lovelock correctional center ............................. 2,627,036 251,899 For the support of the Stewart conservation camp ........... 748,032....................... 721,862
κ1991 Statutes of Nevada, Page 1500 (CHAPTER 494, AB 818)κ
For the support of the Stewart conservation camp ................................. 748,032........... 721,862
For the support of the Ely conservation camp ................................. 798,343........... 749,542
For the support of the Humboldt conservation camp ................................. 746,355........... 721,521
For the support of the Indian Springs conservation camp ......................................................... 1,056,392................................. 879,248
For the support of the Jean conservation camp ................................. 599,801........... 598,276
For the support of the Pioche conservation camp ................................. 636,352........... 627,355
For the support of the Carlin conservation camp ................................. 700,203........... 706,069
For the support of the Wells conservation camp ................................. 767,093........... 732,325
For the support of the Silver Springs conservation camp ................................. 635,518........... 643,938
For the support of the Tonopah conservation camp ................................. 702,970........... 721,671
For the support of the southern Nevada restitution center ................................................ 278,992................................. 254,623
For the support of the northern Nevada restitution center ............................................................ 232,457................................. 250,586
For the support of the Las Vegas minimum security facility .............................................. 634,969............................. 1,892,875
Sec. 33. Department of Parole and Probation.
For the support of the department of parole and probation ................................. $15,623,841......................... $16,620,059
Sec. 34. Parole Board.
For the support of the parole board ................. $676,527.............................. $657,909
Sec. 35. Department of Commerce.
For the support of:
Office of the director ............................... $243,931.............................. $243,456
Board for financing water projects ..................................... 2,200.............. 2,200
Financial institutions division ............... 1,041,703............................. 1,054,951
Consumer affairs division ........................ 445,057................................. 451,745
Mentally ill individuals program ................ 94,298................................... 96,165
Real estate administration .................... 1,157,227............................. 1,159,569
Fire marshal ................................................ 384,223................................. 383,908
Hazardous material training center ................................. 100,000................... -0-
Unclaimed property program .................. 182,871................................. 178,748
Sec. 36. Department of insurance .................. $2,257,128........................................ $2,217,124
κ1991 Statutes of Nevada, Page 1501 (CHAPTER 494, AB 818)κ
Sec. 37. Labor Commissioner.
For the support of the labor commissioner .............................. $812,292......... $882,699
Sec. 38. State Department of Conservation and Natural Resources.
For the support of:
Office of the director ............................... $311,588.............................. $317,845
Division of state parks ........................... 3,631,397............................. 3,130,825
Division of forestry ................................. 1,853,747............................. 1,575,884
Forest fire suppression ............................... 450,000................................. 450,000
Forestry honor camps ............................ 5,262,235............................. 5,507,021
Air quality .................................................... 658,909................................. 697,697
Water and mining ...................................... 412,376................................. 421,653
State environmental commission ................ 2,000..................................... 2,000
Division of water resources ................... 2,857,119............................. 2,786,495
Division of water planning ....................... 309,320................................. 301,711
Division of state lands ............................... 453,507................................. 466,228
Division of conservation districts ............ 103,122................................. 103,639
Federal land laws .......................................... 10,208................................... 10,230
Tahoe regional planning agency ............. 795,271................................. 707,168
Nevada Tahoe regional planning agency ................................... 10,000............ 10,000
Division of historic preservation and archeology ................................. 164,929......... 166,892
Sec. 39. Department of Wildlife.
For the support of the department of wildlife .............................. $946,115......... $882,751
Sec. 40. Comstock Historic District Commission.
For support of the Comstock historic district commission ............................................................ $82,333................................. $82,267
Sec. 41. State Department of Agriculture.
For the support of the plant industry fund ........................... $1,633,314...... $1,592,228
For the support of the veterinary medical services ................................. 721,090........... 729,743
Sec. 42. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board ................................................ $28,960................................. $30,283
Sec. 43. State Predatory Animal and Rodent Committee.
κ1991 Statutes of Nevada, Page 1502 (CHAPTER 494, AB 818)κ
For the support of the state predatory animal and rodent committee ..................................... $487,041.............................. $493,658
Sec. 44. High School Rodeo Association.
For the support of the high school rodeo association ................................. $17,000........... $17,000
Sec. 45. Mining Cooperative Fund.
For the support of the mining cooperative fund .............................. $128,000......... $128,000
Sec. 46. Department of Motor Vehicles and Public Safety.
For the support of the registration division ................................. $16,900........... $16,900
For the support of the highway patrol (law enforcement) ............................................................ 277,113................................. 561,944
For the support of the investigation division ............................. 4,167,801........ 4,255,888
For support of peace officers standards and training ................................. 186,847........... 170,923
Sec. 47. Nevada Athletic Commission.
For the support of the Nevada athletic commission .............................. $211,698......... $211,734
Sec. 48. Ethics commission ................................... $64,703............................................. $59,297
Sec. 49. State climatologist ................................... $31,782............................................. $32,076
Sec. 50. The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.
1991-92 1992-93
Attorney General: Administrative fund .......... $571,254.............................. $587,196
Budget division ......................................................... 45,417................................... 46,640
Department of taxation ....................................... 467,476................................. 445,607
Department of motor vehicles and public safety.
Directors office ..................................... $1,801,653........................... $1,773,570
Highway patrol ..................................... 13,769,728........................... 15,173,471
Administrative services .......................... 5,800,144............................. 5,834,804
Automation division .............................. 3,094,747............................. 2,909,965
Drivers license ........................................ 5,036,577............................. 5,000,889
Motor carrier division ............................. 1,992,861............................. 2,242,895
Registration division ............................... 7,392,954............................. 7,529,413
Commercial drivers license ..................... 998,904................................. 862,933
Hazardous materials ................................. 821,614................................. 946,537
Office of traffic safety ................................ 45,727................................... 47,507
Public service commission of Nevada............. 2,259,619............................. 2,286,466
κ1991 Statutes of Nevada, Page 1503 (CHAPTER 494, AB 818)κ
Sec. 51. The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.
1991-92 1992-93
For the support of the state predatory animal and rodent committee ........................................ $20,000................................. $20,000
Sec. 52. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1991-92 and 1992-93, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the state budget act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 53. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Care of handicapped children;
3. Forest fire suppression;
4. National guard benefits;
5. Tuberculosis control;
6. Maternal and child health services;
7. Food stamp program;
8. Aid to dependent children;
9. Assistance to aged and blind;
10. Nevada Medicaid;
11. Employment and training program;
12. Youth community services;
13. Lovelock correctional center; and
14. Attorney generals special litigation account,
are available for both fiscal years 1991-92 and 1992-93, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 54. The sums appropriated to the legislative fund by section 16 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1991-92 and 1992-93, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
κ1991 Statutes of Nevada, Page 1504 (CHAPTER 494, AB 818)κ
the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 55. The total amounts appropriated in section 30 of this act to each of the accounts of the welfare division enumerated in section 53 of this act, except for the amounts appropriated for the assistance to the aged and blind programs and except as otherwise provided in this section, are limits. The division shall not request additional money for these programs, except for any costs relating to additional services mandated by the Federal Government on or after October 1, 1990, and not specifically funded in the Nevada Medicaid account in fiscal year 1991-92 or 1992-93.
Sec. 56. The sums appropriated to the welfare division by section 30 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 57. The sums appropriated to the department of prisons by section 32 of this act may be transferred among the various budget accounts of the department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 58. The sums appropriated to any division, agency or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the interim finance committee upon the recommendation of the governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings, and such transfers are also limited only to those activities which are supported by general fund or highway fund appropriations.
Sec. 59. In addition to the requirements of NRS 353.225, for the fiscal years 1991-92 and 1992-93, the board of regents of the University of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.
Sec. 60. There is hereby appropriated $12,000 from the state general fund to the public employees retirement board to be expended for the administration of the legislators retirement system for the period July 1, 1991, through June 30, 1993.
Sec. 61. 1. Unencumbered balances of the appropriations made in this act for the fiscal years 1991-92 and 1992-93 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any encumbered balance of the appropriations made to the legislative fund by section 16 of this act do not revert to the state general fund but constitute a balance carried forward.
Sec. 62. If any claims which are payable and properly approved exceed the amount available in the department of prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the chief of the budget division of the department of administration, from the appropriations made in section 32 of this act for the department of prisons such amount as may be required to pay the claims but not exceeding a total of $1,600,000.
κ1991 Statutes of Nevada, Page 1505 (CHAPTER 494, AB 818)κ
such amount as may be required to pay the claims but not exceeding a total of $1,600,000.
Sec. 63. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.
Sec. 64. For accounting purposes, the state controller, shall, when reporting for each fiscal year, the financial position of the state general fund, designate up to $50,000,000, if available, of the unreserved fund balance as reserved for stabilizing the budget.
Sec. 65. The state controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 66. The state board of health shall increase vital statistics fees to a level sufficient to meet the revenues projected in the budget approved by the legislature.
Sec. 67. The sum of $2,500,000 appropriated to the department of prisons by section 32 of this act for the Lovelock Correctional Center in fiscal year 1991-92 must not be used by the department of prisons for any other activity except the operation of the Lovelock Correctional Center. If the facility is not available for use by the department of prisons during fiscal years 1991-92 or 1992-93, the appropriated amount of $2,500,000 must be reserved for reversion to the state general fund. The department of prisons shall not expend or obligate for expenditure funds for the operation of the Lovelock Correctional Center without obtaining the prior consent of the interim finance committee.
Sec. 68. There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $7,421,574 to restore the funds balance and increase the fund to $11,000,000. Of that balance, up to $3,000,000 is available for allocation to the welfare division for costs relating to additional services mandated by the Federal Government on or after October 1, 1990.
Sec. 69. There is hereby appropriated from the state general fund to the state gaming control board the sum of $542,900 to upgrade the boards computer system. The sum appropriated in available for use in both fiscal years 1991-92 and 1992-93, 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. 70. The legislature finds and declares that the desirability of retaining the program of regimental discipline established pursuant to chapter 780, Statutes of Nevada 1989, should be evaluated. The legislature has therefore provided funding in section 32 of this act for the operation of the program for the fiscal year 1991-92 only. The director of the department of prisons shall provide a written evaluation of this program to the interim finance committee on or before December 31, 1991. If the interim finance committee determines, based upon the evaluation and all other relevant factors, that the program of regimental discipline should be continued, the state board of examiners and the interim finance committee shall consider an allocation from the contingency fund or any other available source to provide funding, to continue the operation of the program for fiscal year 1992-93. If the interim finance committee does not determine on or before January 20, 1992, that continued operation of the program of regimental discipline is necessary:
κ1991 Statutes of Nevada, Page 1506 (CHAPTER 494, AB 818)κ
interim finance committee does not determine on or before January 20, 1992, that continued operation of the program of regimental discipline is necessary:
1. The director of the department of prisons shall immediately notify the court administrator that funding for the program has been discontinued;
2. The court administrator shall immediately notify each district court that the funding has been discontinued; and
3. A district court shall not, after February 1, 1992, order a defendant to complete a program of regimental discipline pursuant to NRS 176.2248.
Sec. 71. There is hereby appropriated from the surcharges authorized pursuant to Article 5 of the Rocky Mountain Low Level Radioactive Waste Compact to the budget of the hazardous materials training center:
For the fiscal year 1991-92........................................................... $116,000
For the fiscal year 1992-93............................................................. $58,000
Sec. 72. 1. This section and sections 68 and 69 of this act become effective on June 30, 1991.
2. The remaining sections of this act become effective on July 1, 1991.
________
Senate Bill No. 650Committee on Finance
CHAPTER 495
AN ACT relating to employees in the unclassified service of the state; establishing maximum allowed salaries; and providing other matters properly relating thereto.
[Approved June 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:
Approximate
Title or Position Annual
Salary
1. Office of the governor:
Executive assistant ....................................................... $60,715
Executive assistant ....................................................... 57,002
Executive assistant ....................................................... 51,214
Employee relations officer .......................................... 45,974
Regulatory analyst ........................................................ 54,810
Executive assistant ....................................................... 42,478
Executive assistant ....................................................... 40,076
Executive assistant ....................................................... 38,535
Administrative assistant ............................................... 37,237
Secretary to governor ................................................... 32,777
Administrative secretary (each) .................................. 25,897
κ1991 Statutes of Nevada, Page 1507 (CHAPTER 495, SB 650)κ
2. Office of the lieutenant governor:
Assistant to the lieutenant governor (each) .............. $35,000
Administrative secretary .............................................. 24,898
3. Office of the secretary of state:
Chief deputy .................................................................. $43,571
Coordinator, corporate filing ....................................... 36,036
Chief, annual list division ............................................ 28,391
Deputy secretary of state, securities division ........... 54,818
Deputy secretary of state, elections ........................... 38,220
4. Office of the state treasurer:
Chief deputy state treasurer ........................................ $55,583
Deputy state treasurer, operations ............................. 44,990
Deputy state treasurer, investments ........................... 52,416
5. Office of controller:
Chief deputy controller ................................................ $60,278
Assistant controller ........................................................ 43,571
6. Office of the attorney general:
(a) Attorney generals office:
Assistant attorney general ........................................... $77,463
Chief deputy attorney general Las Vegas ............. 74,365
Chief deputy attorney general (each) ........................ 71,267
Senior deputy attorney general (each) ...................... 64,755
Deputy attorney general (each) .................................. 57,439
Chief investigator .......................................................... 43,500
Investigator (each) ........................................................ 38,657
Administrative assistant ............................................... 36,253
Supervisor, office services ........................................... 43,500
Legal researcher (each) ................................................ 26,317
Capital case coordinator .............................................. 57,439
Supervising fraud investigator .................................... 36,364
Insurance investigator (each) ...................................... 30,248
(b) Office of advocate for customers of public utilities:
Consumers advocate .................................................. $69,000
Staff counsel .................................................................. 67,000
Economist ....................................................................... 57,548
Senior regulatory analyst ............................................. 56,019
Administrative assistant ............................................... 31,013
Assistant staff counsel ................................................. 51,500
Regulatory analyst ........................................................ 48,048
Engineer .......................................................................... 54,054
(c) Crime prevention:
Crime prevention coordinator ..................................... $29,921
7. Department of administration:
Director ............................................................................ $74,147
Deputy budget administrator ...................................... 60,278
Senior appeals officer ................................................... 71,267
Appeals officer, hearings (each) ................................. 64,755
Chief assistant budget administrator ......................... 50,996
Chief assistant, planning .............................................. 50,996
κ1991 Statutes of Nevada, Page 1508 (CHAPTER 495, SB 650)κ
Director, Clear Creek .................................................... 33,525
Risk manager ................................................................. 64,755
8. Department of commerce:
Director ............................................................................ $72,121
Commissioner of financial institutions ..................... 60,655
Deputy commissioner, financial institutions (each) 51,214
Certified public accountant, financial institutions .. 44,444
Administrator, housing division .................................. 57,767
State fire marshal .......................................................... 54,818
Administrator, manufactured housing division ....... 45,974
Administrator, real estate division .............................. 45,974
Administrator, unclaimed property ............................ 45,536
Deputy administrator, real estate division (Las Vegas) 38,002
Commissioner of consumer affairs ........................... 46,100
Deputy administrator, housing division .................... 45,974
Chief assistant, housing division ................................ 37,128
Chief accountant, housing division ........................... 45,974
Deputy director, commerce ......................................... 45,974
9. State department of conservation and natural resources:
Director ............................................................................ $83,000
Administrator, division of environmental protection 75,000
State engineer (division of water resources) ............. 75,000
State forester firewarden .............................................. 65,000
Administrator, division of state parks ....................... 57,000
Administrator, division of state lands ........................ 52,000
District supervisor, water commissioners, division of water resources ..................................................................... 45,000
Executive director, Heil Wild Horse Bequest ........... 36,473
Director of Tahoe land acquisition ............................ 34,300
Administrator, division of water planning ................ 58,478
10. Department of data processing:
Director ............................................................................ $67,191
Chief, systems and programming .............................. 58,640
Chief, planning division ............................................... 56,477
Chief, facility management ........................................ 54,600
11. Department of education:
Superintendent of public instruction .......................... $76,592
Deputy superintendent of public instruction ............ 64,897
Deputy superintendent for administration ............... 61,807
12. State gaming control board:
Chairman, gaming control board ............................... $85,613
Member, gaming control board (each) ...................... 79,607
Chief, investigation ....................................................... 59,514
Chief, enforcement ....................................................... 59,514
Chief, audit ..................................................................... 59,514
Chief, corporate securities ........................................... 59,514
Chief, tax and license ................................................... 59,514
Chief, administration .................................................... 59,514
κ1991 Statutes of Nevada, Page 1509 (CHAPTER 495, SB 650)κ
Chief deputy, administration ...................................... 54,354
Executive secretary, gaming commission ................. 54,054
Manager, electronics lab .............................................. 56,347
Chief electronics ............................................................ 59,514
Electronics engineer (each) .......................................... 56,347
Industrial production engineer .................................... 48,846
Digital circuits engineer ................................................. 48,846
Coordinator, applicant services .................................. 52,525
Chief deputy, enforcement (each) ............................. 54,054
Chief deputy, audit (each) ........................................... 54,054
Chief deputy, investigations (each) ........................... 54,054
Senior programmer analyst (each) ............................. 45,823
Hearings officer ............................................................. 48,880
Administrative coordinator ......................................... 48,048
Business manager ......................................................... 51,870
Systems programmer (each) ....................................... 48,730
Supervisor, investigations (each) ................................ 48,048
Supervisor, enforcement (each) .................................. 48,048
Supervisor, corporate securities (each) ...................... 48,048
Supervisor, audit (each) ............................................... 48,048
Supervisor, tax and license .......................................... 48,048
Supervisor ....................................................................... 48,048
Management analyst, (each) ...................................... 46,410
District office manager ................................................. 48,880
Manager, systems and programming ........................ 48,048
Senior agent, corporate securities (each) ................... 43,352
Senior agent, investigation (each) .............................. 43,352
Training officer .............................................................. 48,880
Senior agent, audit (each) ............................................ 43,352
Senior agent, tax and license (each) .......................... 43,352
Electronics specialist (each) ......................................... 41,824
Senior agent, enforcement (each) .............................. 43,352
Intelligence analyst ....................................................... 43,352
Agent II, corporate securities (each) .......................... 38,657
Agent II, audit (each) ................................................... 38,657
Agent II, investigations (each) .................................... 38,657
Agent II, enforcement (each) ...................................... 38,657
Agent II, research (each) .............................................. 38,657
Agent II, tax and license (each) .................................. 38,657
Technical services manager ........................................ 56,680
Electronics technician, (each) ..................................... 37,128
Legal researcher, gaming ............................................. 31,013
Senior research analyst ................................................ 44,881
Research coordinator ................................................... 38,657
Programmer analyst (each) ......................................... 42,591
Agent II, (each) .............................................................. 38,657
13. Department of general services:
Director ............................................................................ $66,503
Administrator, motor pool ........................................... 47,502
κ1991 Statutes of Nevada, Page 1510 (CHAPTER 495, SB 650)κ
14. Department of personnel:
Director ............................................................................ $62,146
Equal employment opportunity officer .................... 46,758
15. Department of human resources:
Director............................................................................. $81,294
Deputy director .............................................................. 60,278
Administrator, health division ..................................... 63,210
Medical program coordinator, Nevada mental health institute 116,517
Medical program coordinator, southern Nevada mental health services ....................................................................... 116,517
Administrator, mental hygiene and mental retardation division 75,348
State welfare administrator ......................................... 67,595
Deputy administrator, mental hygiene and mental retardation division (each) ........................................................... 65,739
Administrator, rehabilitation division ........................ 62,000
Chief, alcohol and drug abuse .................................... 53,399
Chief, services to the blind ........................................... 53,399
Chief, vocational rehabilitation .................................. 53,399
Administrator, child and family services division ... 61,652
Deputy administrator, child and family services division 56,347
Deputy administrator, child and family services division 58,106
Administrator, aging services division ....................... 53,508
Deputy administrator, aging services (Las Vegas) .. 48,484
Deputy administrator, aging services (Carson City) ...................... 48,484
Chief, elder rights ........................................................... 46,628
Superintendent, youth training center ....................... 55,146
Superintendent, Caliente training ............................... 55,146
16. Department of industrial relations:
Director ............................................................................ $61,370
Assistant director ........................................................... 58,422
Attorney .......................................................................... 54,382
Administrator, division of industrial insurance regulation 56,566
Administrator, division of industrial safety and health enforcement ..................................................................... 53,180
Administrator, division of preventative safety ........ 53,180
Administrator, division of mine inspection ............... 50,000
17. Officer of the labor commissioner:
Labor commissioner ..................................................... $47,284
Deputy ............................................................................. 31,122
Chief assistant ............................................................... 26,535
18. Department of the military:
Adjutant general ............................................................ $68,796
Director, division of emergency management ......... 45,974
κ1991 Statutes of Nevada, Page 1511 (CHAPTER 495, SB 650)κ
19. Department of minerals:
Director ............................................................................ $65,000
Deputy director .............................................................. 52,000
Chief, Las Vegas office ................................................ 37,500
Program assistant .......................................................... 25,480
Administrator for dangerous mines ........................... 42,581
Administrator for regulation ........................................ 42,581
Field specialist ................................................................ 38,220
20. Department of museums and history:
Director ............................................................................ $58,000
Assistant director ........................................................... 42,000
Director, Nevada state museum ................................. 42,478
Director, Nevada state museum, Las Vegas ............ 50,000
Director, Nevada historical society ............................ 50,000
Development coordinator ............................................ 46,410
Assistant administrator, railroad operations ............ 42,478
21. State board of parole commissioners:
Chairman ........................................................................ $49,468
Parole board member (each) ....................................... 43,352
Secretary to parole board ............................................ 35,490
22. Office of the state public defender:
State public defender .................................................... $67,993
Supervising public defender (office) .......................... 59,732
Supervising public defender (trial) .............................. 57,439
Supervising public defender (appeals) ....................... 57,439
Deputy public defender (each) ................................... 49,686
Deputy public defender (prison) ................................. 49,686
Investigator (each) ........................................................ 38,657
Deputy appellate ........................................................... 49,686
23. Public service commission of Nevada:
Chairman ........................................................................ $69,997
Public service commissioner (each) ........................... 65,301
Deputy commissioner ................................................... 58,094
Senior auditor (each) .................................................... 52,634
Financial analyst ........................................................... 53,618
Utility operations and rate specialist (each) ............. 56,347
Auditor (each) ................................................................ 48,048
Staff counsel .................................................................. 67,000
Assistant staff counsel (each) ..................................... 60,000
Director, consumer affairs ........................................... 43,352
Public education and statistical analyst .................... 43,898
Commissioner assistant (2 positions) each ............... 37,892
Commissioner assistant (3 positions) each ............... 37,128
Utility rate and tariff specialist (each) ....................... 42,806
Manager, engineering services .................................... 59,732
Engineer, communications .......................................... 56,347
Engineer, water .............................................................. 53,618
Engineer, electric ............................................................ 56,347
Senior gas pipeline engineer ......................................... 56,567
κ1991 Statutes of Nevada, Page 1512 (CHAPTER 495, SB 650)κ
Engineer, gas pipeline ................................................... 53,618
Senior engineering analyst ........................................... 48,048
Chief auditor .................................................................. 60,497
Director regulatory operations .................................... 64,210
Systems analyst ............................................................. 50,996
Manager, rates and tariffs ........................................... 53,618
Hearings officer ............................................................. 48,048
Chief railroad inspector ................................................ 39,858
Chief transportation inspector (each) ........................ 48,704
Manager, transportation .............................................. 56,566
Specialist in transportation rates and tariffs ............ 46,300
Senior analyst (each) .................................................... 48,048
Manager, consumer affairs office ............................. 40,294
Legal counsel ................................................................. 67,000
Secretary of policy ........................................................ 58,094
Assistant legal counsel .................................................. 60,000
Economist ....................................................................... 57,548
Supervising economist .................................................. 58,094
Resource planning engineer ......................................... 53,618
Assistant general counsel - transportation ................ 60,000
Senior auditor - transportation .................................... 52,853
Financial specialist ........................................................ 53,618
Systems supervisor ........................................................ 53,618
Assistant secretary ........................................................ 42,588
24. Department of taxation:
Executive director ......................................................... $72,121
Deputy executive director ............................................ 55,692
Deputy executive director ............................................ 55,692
Deputy executive director ............................................ 52,306
25. Commission on tourism:
Executive director ......................................................... $66,393
Director of marketing ................................................... 54,491
Public information officer ........................................... 52,500
Business manager ......................................................... 44,554
Development specialist, tourism (each) .................... 47,830
Development specialist (each) .................................... 42,370
Editor publisher, Nevada Magazine .......................... 57,876
Associate editor ............................................................. 31,777
Managing editor, division of publications ................ 38,438
Market and promotion manager, division of publications 31,777
Business manager, Nevada Magazine ...................... 44,008
Production manager ..................................................... 35,862
Art director:..................................................................... 37,892
26. Commission on economic development:
Executive director ......................................................... $66,393
Deputy director .............................................................. 54,491
Senior associate, industrial development (each) ..... 48,048
Supervisor, grant projects (each) ................................ 45,866
κ1991 Statutes of Nevada, Page 1513 (CHAPTER 495, SB 650)κ
Grant project analyst (each) ....................................... 36,691
Chief associate, small business ................................... 40,186
Associate, small business (each) ................................. 36,691
Director, film .................................................................. 54,191
Senior associate, film (each) ....................................... 48,048
Associate, film (each) ................................................... 42,260
27. High-level nuclear waste:
Director ............................................................................ $56,413
Chief, technical programs ............................................ 51,324
Chief of planning .......................................................... 48,594
Planner ............................................................................ 43,244
Planner/researcher ......................................................... 40,732
Technical coordinator .................................................. 43,244
28. Department of insurance:
Commissioner ................................................................ $69,997
Deputy commissioner (each) ...................................... 49,468
Consumer advocate...................................................... 45,000
29. Miscellaneous departments, commissions and other agencies:
Director, department of transportation ..................... $80,950
Deputy director, department of transportation ....... 74,037
Director, department of motor vehicles and public safety 72,006
Director, department of prisons .................................. 83,931
Medical director, department of prisons ................... 117,609
Mental health coordinator, department of prisons . 116,517
Manager, state public works board ............................ 74,873
Executive director, employment security department 63,991
Director, Colorado River commission ....................... 69,561
Executive director, state department of agriculture 60,000
Administrator, veterinary medical services .............. 72,000
Director, plant industry program ................................ 58,684
Chief parole and probation officer ............................ 63,406
Deputy manager, state public works board .............. 60,606
Deputy manager, state public works board .............. 56,396
Director, department of wildlife .................................. 58,204
Deputy director, department of wildlife .................... 55,801
Commissioner, local government employee-management relations board ........................................................................... 48,376
Executive director, state dairy commission .............. 50,996
Taxicab administrator .................................................. 49,877
Deputy taxicab administrator ..................................... 47,383
Director, state job training office ................................ 50,000
Deputy director, department of motor vehicles and public safety (each) .......................................................................... 48,158
Drug program coordinator ........................................... 44,772
Director, office of community services ..................... 53,431
κ1991 Statutes of Nevada, Page 1514 (CHAPTER 495, SB 650)κ
Executive director, equal rights commission ............ 53,290
Deputy director, Colorado River commission .......... 50,778
Director, state occupational information coordinating committee 42,916
Chairman, committee to hire the handicapped ....... 44,742
Executive secretary, Nevada athletic commission . 46,000
Executive director, Nevada Indian commission ..... 40,000
Executive director, council on the arts ...................... 40,950
Director, division of brand inspection ........................ 44,000
Nevada commissioner for veteran affairs ................ 35,490
Nevada deputy commissioner for veteran affairs .. 32,000
Secretary, local government employee-management relations board ..................................................................... 24,571
Attorney for injured workers ....................................... 64,755
Deputy attorney for injured workers ......................... 59,623
Deputy attorney for injured workers (each) ............. 57,440
Deputy attorney for injured workers (each) ............. 49,686
Literacy coordinator, state library .............................. 34,835
Director, WICHE ........................................................... 46,500
Director, rural housing .................................................. 43,680
Climatologist (1/4 position) ......................................... 11,372
30. Supreme court:
Supervisory staff attorney ........................................... $72,946
Deputy supervisory staff attorney ............................. 64,756
Chief clerk ...................................................................... 72,946
Chief deputy clerk ......................................................... 41,933
Court administrator ...................................................... 63,118
Deputy court administrator ......................................... 49,795
Counsel to the chief justice ......................................... 57,221
Staff attorney III (each) .............................................. 44,538
Staff attorney IV (one position) ................................. 47,502
Staff attorney IV (one position) ................................. 49,686
Law librarian .................................................................. 56,229
Senior judicial clerk-attorney (each) .......................... 34,289
31. Racing commission:
Executive director ......................................................... 47,502
Presiding steward ........................................................... 34,944
Associate steward .......................................................... 31,450
Veterinarian .................................................................... 43,673
Investigator .................................................................... 31,790
Administrative coordinator ......................................... 26,209
Lab Assistant ................................................................. 17,274
Sec. 2. 1. Except as otherwise provided in subsection 2, this act becomes effective on October 1, 1991.
2. For the purpose of establishing the maximum salary for a newly created position in the unclassified service of the State of Nevada for which no existing maximum salary is applicable, this act becomes effective in July 1, 1991, except that the maximum salary for such a position before October 1, 1991, is 96 percent of the salary specified in this act that becomes effective on October 1, 1991.
κ1991 Statutes of Nevada, Page 1515 (CHAPTER 495, SB 650)κ
1991, is 96 percent of the salary specified in this act that becomes effective on October 1, 1991.
________
Assembly Bill No. 815Committee on Ways and Means
CHAPTER 496
AN ACT relating to public employees; making appropriations from the state general fund and the state highway fund to the state board of examiners for a one-time payment and increases in the salaries of certain employees of the State of Nevada; increasing the salaries of certain employees; and providing other matters properly relating thereto.
[Approved June 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in this act, to effect increases in salaries of approximately 4 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993, the sums of $5,971,053 and $8,312,492, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 66th session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on October 1, 1991.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. To effect increases in salaries of approximately 4 percent, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal periods beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993, the sums of $741,180 and $1,033,600, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office as fixed by the 66th session of the legislature and the requirements for salaries of classified personnel of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective October 1, 1991.
κ1991 Statutes of Nevada, Page 1516 (CHAPTER 496, AB 815)κ
pay plan, except those employees whose salaries have been retained, to become effective October 1, 1991.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office under the adjusted pay plan.
Sec. 3. 1. To effect increases in salaries of approximately 4 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993, the sums of $1,320,693 and $1,845,168, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University of Nevada System as fixed by the 66th session of the legislature and the requirements for salaries of the classified personnel of the University of Nevada System necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective October 1, 1991.
2. There is hereby appropriated from the state general fund to the University of Nevada System for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993, the sums of $3,676,287 and $5,179,028, respectively, for the purpose of increasing the salaries of the professional employees of the University of Nevada System, except those employees whose salaries have been retained, to become effective October 1, 1991.
3. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the University of Nevada System out of the money appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University of Nevada System under the adjusted pay plan.
Sec. 4. The money appropriated for fiscal years 1991-92 and 1992-93, in sections 1, 2 and 3 of this act is available for both fiscal years 1991-92 and 1992-93, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration. Any balance of that money must not be committed for expenditure after June 30, 1993, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 5. 1. To effect increases in salaries of approximately 4 percent, there is hereby appropriated from the state general fund to the legislative fund for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993, the sums of $205,491 and $280,924, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 66th session of the legislature and the requirements for salaries of the employees of the legislative counsel bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective October 1, 1991.
κ1991 Statutes of Nevada, Page 1517 (CHAPTER 496, AB 815)κ
$280,924, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 66th session of the legislature and the requirements for salaries of the employees of the legislative counsel bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective October 1, 1991.
2. The money appropriated for fiscal years 1991-92 and 1992-93, in this section is available for both fiscal years 1991-92 and 1992-93, and may be transferred from one fiscal year to the other. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the state general fund.
Sec. 6. On or before May 31, 1992, the state board of examiners shall project the unappropriated balance of the state general fund, including any amount designated as reserved for stabilizing the budget, and the state distributive school account in the state general fund, as of June 30, 1992, using all relevant information known to it. The results of the projections of the state general fund and the state distributive school account must be combined to form a single projection.
Sec. 7. 1. Based on the projection required by section 6 of this act, the following amounts are hereby contingently appropriated from the respective funds to provide increases in salaries and any additional cost of retirement contributions for the respective groups of employees, for the fiscal year 1992-93:
(a) If the projected balance is at least $72,750,000 but less than $85,500,000:
(1) To effect a salary increase of approximately 1 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................... $2,161,248
Unclassified employees of the state............................... $292,889
Classified and professional employees of the University of Nevada System ................................................................... $1,826,291
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees........................................................ $268,736
Unclassified employees.................................................... $22,795
(III) From the state general fund to the legislative fund for employees of the legislative counsel bureau and interim legislative operations $73,040
(2) From the state general fund to the state distributive school account, including the adult diploma program, in the state general fund. $7,789,716 This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
κ1991 Statutes of Nevada, Page 1518 (CHAPTER 496, AB 815)κ
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
(3) From the state general fund to the class-size reduction budget account ...................................................................... $500,118
This additional appropriation, if any, must be apportioned in the same proportions as money from the trust fund for class-size reduction is apportioned by the department of education for the various county school districts for fiscal year 1992-93.
(b) If the projected balance is at least $85,500,000 but less than $98,250,000:
(1) To effect a salary increase of approximately 2 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................... $4,322,496
Unclassified employees of the state............................... $585,778
Classified and professional employees of the University of Nevada System ................................................................... $3,652,582
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees........................................................ $537,472
Unclassified employees.................................................... $45,590
(III) From the state general fund to the legislative fund for employees of the legislative counsel bureau and interim legislative operations $146,080
(2) From the state general fund to the state distributive school account, including the adult diploma program, in the state general fund. $15,579,432
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
(3) From the state general fund to the class-size reduction budget account ................................................................... $1,000,236
This additional appropriation, if any, must be apportioned in the same proportions as money from the trust fund for class-size reduction is apportioned by the department of education for the various county school districts for fiscal year 1992-93.
(c) If the projected balance is at least $98,250,000 but less than $114,250,000:
(1) To effect increases in salaries of approximately 3 percent:
(I) From the state general fund to the state board of examiners for:
κ1991 Statutes of Nevada, Page 1519 (CHAPTER 496, AB 815)κ
Classified employees of the state................................... $6,483,744
Unclassified employees of the state............................... $878,667
Classified and professional employees of the University of Nevada System ................................................................... $5,478,873
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees........................................................ $806,208
Unclassified employees.................................................... $68,385
(III) From the state general fund to the legislative counsel bureau for employees of the legislative counsel bureau and interim legislative operations $219,120
(2) From the state general fund to the state distributive school account, including the adult diploma program, in the state general fund $23,369,148
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
(3) From the state general fund to the class-size reduction budget account ................................................................... $1,500,354
This additional appropriation, if any, must be apportioned in the same proportions as money from the trust fund for class-size reduction is apportioned by the department of education for the various county school districts for fiscal year 1992-93.
(d) If the projected balance is at least $114,250,000 but less than $130,250,000:
(1) To effect increases in salaries of approximately 4 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................... $8,644,992
Unclassified employees of the state............................... $1,171,556
Classified and professional employees of the University of Nevada System ................................................................... $7,305,164
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees........................................................ $1,074,944
Unclassified employees.................................................... $91,180
κ1991 Statutes of Nevada, Page 1520 (CHAPTER 496, AB 815)κ
(III) From the state general fund to the legislative counsel bureau for employees of the legislative counsel bureau and interim legislative operations $292,160
(2) From the state general fund to the state distributive school account, including the adult diploma program, in the state general fund $31,158,864
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
(3) From the state general fund to the class-size reduction budget account ................................................................... $2,000,472
This additional appropriation, if any, must be apportioned in the same proportions as money from the trust fund for class-size reduction is apportioned by the department of education for the various county school districts for fiscal year 1992-93.
(e) If the projected balance is at least $130,250,000:
(1) To effect increases in salaries of approximately 5 percent:
(I) From the state general fund to the state board of examiners for:
Classified employees of the state................................... $10,806,240
Unclassified employees of the state............................... $1,464,445
Classified and professional employees of the University of Nevada System ................................................................... $9,131,455
(II) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees........................................................ $1,343,680
Unclassified employees.................................................... $113,975
(III) From the state general fund to the legislative counsel bureau for employees of the legislative counsel bureau and interim legislative operations $365,200
(2) From the state general fund to the state distributive school account, including the adult diploma program, in the state general fund $38,948,580
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
(3) From the state general fund to the class-size reduction budget account ................................................................... $2,500,590
This additional appropriation, if any, must be apportioned in the same proportions as money from the trust fund for class-size reduction is apportioned by the department of education for the various county school districts for fiscal year 1992-93.
κ1991 Statutes of Nevada, Page 1521 (CHAPTER 496, AB 815)κ
by the department of education for the various county school districts for fiscal year 1992-93.
2. The state board of examiners shall allocate the appropriations made to it, if any, among the respective departments, commissions and agencies of the state, including the judicial branch of government, in such proportion as to enable each to pay to its classified, professional and unclassified employees, except any whose salaries have been retained, the percentage of increase, if any, in their respective salaries specified in this section.
3. If the total appropriations are not sufficient to provide the specified increase, the appropriations must be prorated and the increases in salaries reduced proportionately.
4. Any balance of the contingent appropriations made by this section must not be committed for expenditure after June 30, 1993, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made, except that any balance of the money appropriated to the legislative fund must be carried forward for use in the next legislative session and does not revert to the state general fund
Sec. 8. 1. Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective October 1, 1991:
Approximate
Annual
Title or Position Salary
Senior physician (Range A) .................................................... $85,086
Senior physician (Range B) .................................................... 92,317
Senior physician (Range C) .................................................... 95,695
Senior psychiatrist (Range A) ................................................. 92,317
Senior psychiatrist (Range B) ................................................. 95,694
Senior psychiatrist (Range C) ................................................. 108,781
State health officer (Range A) ............................................... 95,694
State health officer (Range B) ............................................... 97,490
State health officer (Range C) ............................................... 99,290
Senior institutional dentist (Range A) ................................... 75,459
Senior institutional dentist (Range B) ................................... 85,139
Medical director (State laboratory) ....................................... 95,695
Veterinary diagnostician ......................................................... 59,027
Senior veterinary diagnostician .............................................. 61,308
Veterinary epidemiologist ....................................................... 63,710
Veterinary supervisor (Animal disease laboratory) ............ 63,710
As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
2. The employees filling the positions listed in subsection 1, except those whose salaries have been retained, may receive an adjustment of salary effective July 1, 1992, if the projected unappropriated balance in the state general fund, including any amount designated as reserved for stabilizing the budget, and the state distributive school account in the state general fund projected by the state board of examiners results in:
κ1991 Statutes of Nevada, Page 1522 (CHAPTER 496, AB 815)κ
general fund, including any amount designated as reserved for stabilizing the budget, and the state distributive school account in the state general fund projected by the state board of examiners results in:
(a) A projected balance of at least $72,750,000 but less than $85,500,000, 1 percent.
(b) A projected balance of at least $85,500,000 but less than $98,250,000, 2 percent.
(c) A projected balance of at least $98,250,000 but less than $114,250,000, 3 percent.
(d) A projected balance of at least $114,250,000, but less than $130,250,000, 4 percent.
(e) A projected balance of at least $130,250,000, 5 percent.
Sec. 9. 1. The state board of examiners shall allocate from the amounts appropriated by section 1 of this act to the Tahoe Regional Planning Agency to provide for Nevadas share of a salary increase of the same percentage granted to classified employees of the State of Nevada or the percentage of salary increase, if any, authorized by the State of California, whichever is less, the sum of no more than $18,681 for the fiscal year 1991-92 and the sum of no more than $26,977 for the fiscal year 1992-93.
2. The state board of examiners shall allocate from the amounts appropriated by section 6 of this act to the Tahoe Regional Planning Agency, the amount necessary to provide for Nevadas share of a salary increase of the same percentage granted to classified employees of the State of Nevada or the percentage of salary increase, if any, authorized by the State of California, whichever is less, for the fiscal year 1992-93.
Sec. 10. 1. To the effect a one-grade salary increase on the classified employee compensation plan for certain fire-fighter positions, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal years 1991-92 and 1992-93, the sums of $335,178 and $335,178, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain fire-fighter positions.
2. To effect a two-grade salary increase on the classified employee compensation plan for certain forensic specialist positions, there is hereby appropriated from the state board of examiners for the fiscal years 1991-92 and 1992-93, the sums of $132,849 and $132,849, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain forensic specialist positions.
3. To effect a two-grade salary increase on the classified employee compensation plan for certain pharmacist positions, there is hereby appropriated from the state board of examiners for the fiscal years 1991-92 and 1992-93, the sums of $23,620 and $23,620, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain pharmacist positions.
κ1991 Statutes of Nevada, Page 1523 (CHAPTER 496, AB 815)κ
4. The department of personnel shall designate the fire-fighter, forensic specialist and pharmacist positions eligible for the increases provided by this section.
Sec. 11. 1. On or before April 1, 1992, the chief of the budget division of the department of administration shall determine for July of 1991 through March of 1992, the actual proceeds of:
(a) License fees based upon the gross revenue of gaming licensees imposed by NRS 463.370;
(b) Sales and use taxes imposed by NRS 372.105 and 372.185; and
(c) The Local School Support Tax imposed by NRS 374.110 and 374.190, and report the amount so determined to the state board of examiners.
2. If the state board of examiners finds that the amount reported pursuant to subsection 1 exceeds the combined projection of revenue from those fees and taxes during that period by $8,500,000 or more, the state board of examiners shall provide a one-time payment to the employees of the county school districts and the respective departments, commissions and agencies of the State of Nevada, including the judicial branch of government and the University of Nevada System to compensate those employees for deferral of salary increases in fiscal year 1991-1992. The one-time payment must be paid to each person who is employed by an employer specified in this subsection on April 1, 1992, in an amount equal to approximately 1 percent of his gross base salary in effect on July 1, 1991, excluding all overtime and any other payments in excess of his base salary. The one-time payment must be included as compensation for the computation of retirement benefits.
3. The following amounts are hereby contingently appropriated from the respective funds to provide the single payments as an incentive for continued service:
(a) From the state general fund to the state board of examiners for:
Classified employees of the state................................... $2,007,161
Unclassified employees of the state............................... $273,575
Classified and professional employees of the University of Nevada System ................................................................... $1,665,660
(b) From the state highway fund to the state board of examiners for positions in the department of motor vehicles and public safety, public service commission of Nevada and attorney generals office which are supported from that fund:
Classified employees........................................................ $247,060
Unclassified employees.................................................... $21,918
(c) From the state general fund to the legislative fund for employees of the legislative counsel bureau and interim legislative operations $68,497
(d) From the state general fund to the state distributive school account in the state general fund, for positions paid from that account, including positions in the adult diploma program..................................... $7,032,497 This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
κ1991 Statutes of Nevada, Page 1524 (CHAPTER 496, AB 815)κ
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 1992-93.
(e) From the state general fund to the class-size reduction budget account, for positions paid from that account......................... $293,753
This additional appropriation, if any, must be apportioned in the same proportions as money from the trust fund for class-size reduction is apportioned by the department of education for the various county school districts for fiscal year 1992-93.
Sec. 12. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 826Committee on Ways and Means
CHAPTER 497
AN ACT relating to projects of capital improvement; making appropriations from the state general fund and the state highway fund; providing for the issuance of general obligation bonds of the state; authorizing certain expenditures by the state public works board; providing schedules of repayment for certain state agencies; levying a property tax to support the consolidated bond interest and redemption fund; and providing other matters properly relating thereto.
[Approved June 30, 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 state public works board, the sum of $10,850,843 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1991-1992 and 1992-1993 or otherwise described as follows:
Description Project No. Amount
1. Capital improvements for the department of human resources:
Emergency power upgrade, NNMRS, Sparks 91-M2 $50,903
Replace grease interceptors, NMHI, Sparks 91-M8 $136,963
Remodel/renovations to building 7, 8, & 10, NMHI, Sparks 91-M12 $301,992
Replace porcelain toilets, Lakes Crossing, Sparks 91-M16 $130,911
Replace cooling tower, SNAMHS, Las Vegas 91-M25 $21,636 Rehab day treatment courtyard, NNCAS, Sparks 91-M26 $105,279
κ1991 Statutes of Nevada, Page 1525 (CHAPTER 497, AB 826)κ
Rehab day treatment courtyard, NNCAS, Sparks 91-M26 $105,279
Seal exterior walls, NNCAS, Reno 91-M27 $107,377
Remodel building 600/601, NNMRS, Sparks 91-M34 $297,162
2. Capital improvements for the Clear Creek youth center:
Domestic hot water tank, heat exchanger, pumps and condensate return 91-M3 $39,623
Replace showers 91-M29 $142,881
3. Capital improvements for the department of general services:
Upgrade fire line system and replace sewer line system, Stewart 91-M4 $303,244
Purchasing warehouse renovations, Reno 91-M5 $104,234
Upgrade hi-voltage system and replace underground feeder - phase I, Stewart 91-M21 $168,646
Air-conditioning system improvements, Kinkead building, Carson City 91-M31 $565,943
4. Capital improvements for the department of prisons:
Replace sewage lagoon valves and fuel tanks, SNCC 91-M7 $144,818
Upgrade emergency power system - phase I, NSP 91-M10 $82,637
Waste water discharge work 91-L1 $350,000
5. Capital improvements for the department of museums and history:
Depot restoration, phase II, Ely 91-M39 $200,000
6. Asphalt surfacing/striping, statewide 91-M40 $674,500
7. Capital improvements for the University of Nevada System:
Campus improvements, Computing Center 91-U1 $500,000
Campus improvements, UNLV 91-U2 $451,200
Campus improvements, UNR 91-U3 $3,908,000
Campus improvements, CCCC 91-U4 $118,650
Campus improvements, DRI 91-U5 $140,000
Campus improvements, NNCC 91-U6 $155,000
Campus improvements, TMCC 91-U7 $475,000
Campus improvements, WNCC 91-U8 $142,000
Design Winnemucca expansion, NNCC 91-L7 $91,300
8. Design of a P.O.S.T. facility for southern Nevada 91-C7 $74,329
9. Advance planning 91-D1 $742,727
κ1991 Statutes of Nevada, Page 1526 (CHAPTER 497, AB 826)κ
10. Replace maint. shop, Department of Military, Carson City 91-M30 $123,888
Sec. 2. There is hereby appropriated from the state general fund to the University of Nevada System, the sum of $4,310,150 to support the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1991-1992 and 1992-1993 or otherwise described as follows:
Description Project No. Amount
Campus improvements, UNLV 91-U2 $1,548,800
Campus improvements, UNR 91-U3 $1,892,000
Campus improvements, CCCC 91-U4 $356,350
Campus improvements, DRI 91-U5 $110,000
Campus improvements, NNCC 91-U6 $95,000
Campus improvements, WNCC 91-U8 $108,000
Law School, UNLV (Advance planning and staff assistance) 91-L10 $200,000
Sec. 3. There is hereby appropriated from the state highway fund to the state public works board, the sum of $11,409,723 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1991-1992 and 1992-1993 or otherwise described as follows:
Description Project No. Amount
1. Re-roof/repair of roofs DMV, Las Vegas 91-M18 $278,000
2. Replace elevator, DMV, Carson City 91-M22 $61,786
3. Fire sprinkler and lighting retrofit DMV, Carson City 91-M42 $423,380
4. Design and construction of a full-service DMV office, Las Vegas 91-C7 $6,729,507
5. Highway patrol regional headquarters, Reno 91-C13 $3,838,918
6. Emergency power upgrade DMV, Carson City (design) 91-D2 $78,132
Sec. 4. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $168,479,266 for the following projects:
Description Project No. Amount
1. Fire retrofit/renovate cottages and education building, NYTC, Elko 91-M1 $448,530
κ1991 Statutes of Nevada, Page 1527 (CHAPTER 497, AB 826)κ
2. Renovate central kitchen, SNMRS, Las Vegas 91-M15 $553,632
3. Asbestos abatement in state-owned buildings, statewide 91-M17 $2,259,000
4. Acquisition of Freemont School, Carson City 91-M17A $2,625,000
5. Re-roof/repair roofs on state-owned buildings, statewide 91-M18 $4,751,800
6. Replace heat exchangers and chillers, NMHI, Sparks 91-M24 $652,437
7. Structural rehabilitation of the old mint museum, Carson City 91-M32 $1,319,314
8. Renovation/remodel of Caliente Youth Center, Caliente 91-C2 $4,155,283
9. Capital improvements for the University of Nevada System:
Technical arts center, NNCC 91-C3 $4,043,315
Fallon phase IV and Carson City LRC expansion, WNCC 91-C4 $2,471,862
Cheyenne Avenue campus, phase IV, CCCC 91-C5 $11,896,592
Chemistry/physics building, UNLV 91-D8 $11,669,908
Office and classroom addition, TMCC 91-D11 $556,641
Architecture building, UNLV 91-D12 $9,984,389
Loop road, TMCC and DRI 91-D18 $1,550,000
Renovation of various facilities, UNR 91-D19 $9,196,000
Cheyenne campus renovations, CCCC 91-D25 $5,737,124
Health Science-Phase III-CCSN (Design) 91-L8 $500,000
Classroom addition-CCSN (Design) 91-L9 $700,000
10. Capital improvements for the department of prisons:
Replace septic system and expand PCC 91-M6 $2,950,476
Tempered water-cell blocks A, B & C, and infirmary, NSP 91-M9 $387,919
Replace control panel and cell doors (units 1-4) and monitors/cameras/outer gate locks (units 1-6) - phase I, NSP 91-M13 $298,346
Replace doors, locks and electrical outlets (units 1-7) and upgrade sallyport - phase I, SDCC 91-M14 $189,219
Replace underground heat lines, NNCC 91-M20 $391,076
Renovate heat pump system and electrical services and overhaul diesel generator, SDCC 91-M23 $1,660,439
Install water treatment systems, SNCC, CCC, and ESP 91-M28 $391,164
Replace security wire, NNCC 91-M33 $100,000 Repair high mast lighting, phase I, SDCC 91-M36 $97,401
κ1991 Statutes of Nevada, Page 1528 (CHAPTER 497, AB 826)κ
Repair high mast lighting, phase I, SDCC 91-M36 $97,401
Replace outside cameras and PA system, SDCC 91-M38 $156,979
Lovelock correctional center 91-C6 $34,257,758
Regional medical facility 91-C12 $12,361,462
Renovate and expand ISCC 91-C17 $418,398
11. General services warehouse and design of forestry/parks complex, Las Vegas 91-C8 $4,635,740
12. State office building, Las Vegas 91-C9 $29,036,587
13. Remodel supreme court building for Attorney General, Carson City 91-C10 $4,862,207
14. Juvenile treatment facility, Las Vegas (design) 91-C11 $464,000
15. Replace underground heat lines, NYTC, Elko 91-M19 $749,268
Sec. 5. The state controller may advance temporarily from the state general fund to the state public works board, until the date on which bonds authorized by section 4 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 4. The state controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.
Sec. 6. The legislature finds and declares the issuance of bonds pursuant to section 4 of this act for project 91-M32, structural rehabilitation of the old mint museum, is necessary for the protection and preservation of the property of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3, article 9 of the constitution of the State of Nevada.
Sec. 7. The committee established to review the assessment of the need for juvenile correctional facilities and related programs in this state, if such a committee is established by law, may use the services of the project architect for project 91-C11, Juvenile Treatment Facility, in the course of its review. No design work for the project beyond the programming phase may be initiated without the approval of the interim finance committee.
Sec. 8. The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.
Sec. 9. The state public works board shall transfer the sum of $1,600,000 from the amount allocated pursuant to section 5 of chapter 613, Statutes of Nevada 1989, at page 1372, for project 89-39, state library, Carson City, to project 91-L5, parking for capital complex.
Sec. 10. The state public works board shall transfer the sum of $115,000 from the amount allocated pursuant to section 1 of chapter 613, Statutes of Nevada 1989, at page 1370, for project 89-12A, sewer and domestic water system improvements: prison complex, Carson City, to project 91-M28, install water treatment systems and new water heater.
κ1991 Statutes of Nevada, Page 1529 (CHAPTER 497, AB 826)κ
system improvements: prison complex, Carson City, to project 91-M28, install water treatment systems and new water heater.
Sec. 11. The legislature finds and declares that project 89-44, 144-bed womens prison, phase I, authorized pursuant to section 9 of chapter 613, Statutes of Nevada 1989, at page 1373, must be sited within Section 21, Range 62 East, Township 19 South, north of Nellis Air Force Base, on land leased from the Federal Government by the State of Nevada.
Sec. 12. The state public works board shall transfer the sum of $10,800,000 from the amount allocated pursuant to section 9 of chapter 613, Statutes of Nevada 1989, at page 1373, for project 89-44, design, construction and furnishing of a 144-bed womens prison, phase I, to the following projects:
Description Project No. Amount
1. Renovate and expand ISCC 91-C17 $952,200
2. Lovelock Correctional Center 91-C6 5,000,000
3. Nellis site improvements/land acquisition 91-L4 $2,000,000
4. Renovate NWCC 91-L6 $2,847,800
Sec. 13. Notwithstanding the provisions of NRS 271.040, the states leasehold interest in the land identified in section 11 shall be deemed to be assessable property for the purposes of assessments made pursuant to chapter 271 of NRS. Any assessment so made must be paid pursuant to NRS 271.407. If the state acquires title to the property before the time any assessment made pursuant to chapter 271 of NRS against leasehold interest is paid in full, the assessment lien is automatically transferred to the states interest in the property. With the approval of the interim finance committee, the state public works board may cooperate with the City of North Las Vegas in the establishment and administration of a project pursuant to chapter 271 of NRS.
Sec. 14. 1. The sum of $1,900,000 is hereby transferred from the savings on project 89-30, site work for the Lovelock Prison, to project 91-C6, the construction and furnishing of the Lovelock correctional center, to offset the cost of the project.
2. The sum of $2,474,290 from the interest on the proceeds of bonds issued pursuant to chapter 613, Statutes of Nevada 1991, for carrying out the program of capital improvements, is hereby credited to project 91-C6.
Sec. 15. There is hereby appropriated from the state general fund to the Legislative Counsel Bureau, the sum of $88,500 for miscellaneous building improvements for the legislative building (project 91-L3).
Sec. 16. On July 1, 1991, the purchasing division of the department of general services shall repay to the state public works board the sum of $7,273 for costs incurred by the public works for advance plan work on project 91-C8, general services warehouse, Las Vegas. The public works board is authorized to use the amount repaid to augment the funding for project 91-D1, advanced planning statewide.
Sec. 17. Commencing on July 1, 1993, the purchasing division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of project 91-C8, general services warehouse, Las Vegas and project 91-M5, purchasing warehouse renovations, Reno.
κ1991 Statutes of Nevada, Page 1530 (CHAPTER 497, AB 826)κ
treasurer for deposit in the state general fund the cost of project 91-C8, general services warehouse, Las Vegas and project 91-M5, purchasing warehouse renovations, Reno. Each installment must be equal to 5 percent of the total cost of the completed project, including the costs of debt service that are incurred.
Sec. 18. Commencing on July 1, 1993, the buildings and grounds division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of project 85-17, purchase and remodel of the SIIS building, Las Vegas. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 19. The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 which is distributed to the special capital construction fund for higher education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the University of Nevada System for items 1, 2 and 3 and to the state public works board for item 4 as noted for the following capital improvements for the University of Nevada System:
Description Project No. Amount
1. Chemistry/physics building; UNLV - furnishings 91-D8 $910,116
2. Office and classroom addition; TMCC - furnishings 91-D11 35,056
3. Architecture building; UNLV - furnishings 91-D12 2,370,796
4. Design of advanced technology center; TMCC 91-D18 1,009,220
Sec. 20. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the state public works board to expedite the completion.
Sec. 21. 1. A tax ad valorem of 13.7 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1991, and ending June 30, 1992, and a tax ad valorem of 14.4 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1992, and ending June 30, 1993. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.
2. The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.
Sec. 22. 1. On or before July 1, 1991, and July 1, 1992, the state controller shall estimate the amount of proceeds of the tax levied by section 21 of this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation.
κ1991 Statutes of Nevada, Page 1531 (CHAPTER 497, AB 826)κ
for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The state controller may revise the estimate and amount reserved.
2. If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the state controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
3. The state controller shall report to the legislature or, if the legislature is not in session, to the interim finance committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;
(b) The amount of money transferred from the state general fund pursuant to subsection 2; and
(c) The amount of money which reverts to the state general fund pursuant to subsection 2.
Sec. 23. The state board of examiners, in its capacity as the general obligation bond commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 66th session of the Nevada legislature from the proceeds of those bonds.
Sec. 24. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized from the consolidated bond interest and redemption account in the amount of $43,185,558 for the fiscal year beginning July 1, 1991, and ending June 30, 1992, and in the amount of $48,414,788 for the fiscal year beginning July 1, 1992, and ending June 30, 1993.
Sec. 25. 1. The amounts appropriated pursuant to section 3 of this act from the state highway fund must be allocated by the state controller as the money is required for the projects and must not be transferred to the projects from the state highway fund until required to make contract payments.
2. Of the amount appropriated from the state highway fund for project 91-C7 pursuant to section 3 of this act, $330,000 is appropriated for design, effective on June 30, 1991, and $6,399,507 is appropriated for construction, effective on July 1, 1992. The amount appropriated for construction must not be released by the state controller to the state public works board until approval has been given by the interim finance committee.
Sec. 26. With the approval of the interim finance committee, the state public works board and the University of Nevada System may transfer appropriated and authorized money from one project to another within the same agency or department or within the University System for those projects listed in sections 1, 2, 3, 4, 9, 10 and 12 of this act.
κ1991 Statutes of Nevada, Page 1532 (CHAPTER 497, AB 826)κ
Sec. 27. This act becomes effective on June 30, 1991.
________
Senate Bill No. 646Committee on Finance
CHAPTER 498
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993; authorizing the assessment of certain boards for certain costs of the budget division of the department of administration; authorizing the collection of certain amounts from the counties for the use of the services of the public defender; and providing other matters properly relating thereto.
[Approved June 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
1991-92 1992-93
Office of the governor
State Jobs Training and Partnership Act office ................. $9,861,085 $9,861,085
Washington office ....................... 199,800...................... 205,795
Office of community services ............. 204,930............................ 183,347
Community servicesblock grant ................... 1,001,330 1,009,330
Energy conservation ................... 651,843...................... 665,384
Petroleum rebate account .......... 1,517,441................... 1,470,598
State occupational information and coordinating committee ....................... 264,587............................ 268,455
High level nuclear waste office . 8,105,144................. 10,836,018
Attorney general
Administration ............................. 4,682,432................... 4,756,854
Special fund .................................. 60,000...................... 100,000
Office of extradition coordinator ......................... 35,000 35,000
Private detectives licensing ....... 155,297...................... 156,564
Consumers advocate ................. 1,159,028................... 1,060,889
Secretary of state .................................. 320,939............................ 331,218
Treasurer ................................................. 200,288 208,791 Municipal bond bank revenue ................................ 28,020,815 27,978,682
κ1991 Statutes of Nevada, Page 1533 (CHAPTER 498, SB 646)κ
Municipal bond bank revenue .. 28,020,815................. 27,978,682
Municipal bond bank debt service ................. 27,905,533 27,863,420
Department of administration
Budget division ............................ 58,072......................... 63,562
Hearings division ......................... 1,846,636................... 1,786,107
Workmens compensation hearing reserve ...................... 312,733 322,348
Risk management division ........ 3,143,182................... 3,047,277
Self insurance trust fund ............ 76,260,081................. 83,893,373
Clerk Creek youth center ........... 112,150...................... 114,150
State employees workers compensation ................. 10,084,346 11,230,019
Indigent accident account ......... 3,725,729................... 3,968,558
Supplemental fundindigents ... 2,255,153................... 2,417,039
Department of personnel ..................... 4,619,626......................... 4,429,417
State unemployment compensation ...................... 338,257 352,167
Cooperative personnel services . 48,332......................... 48,801
Retired employees group insurance ................... 2,973,277 3,482,707
Department of general services
Directors office ........................... 119,440...................... 118,709
State printing office ..................... 3,543,481................... 3,723,711
Records management-micrographics .................... 234,756 227,239
Printing office equipment .................... 356,192 336,752
Buildings and grounds division . 6,325,875................... 6,803,794
Mail .................................. 2,931,482................. 3,013,918
Motor vehicle operations division ................... 1,938,256 1,923,327
Motor vehicle purchase .............. 615,516...................... 702,826
Telecommunications division ... 1,627,128................... 1,580,613
Purchasing division ...................... 2,316,300................... 2,434,803
Equipment purchase ..... 134,687.................... 181,751
Food distribution program ................. 1,441,599 1,435,298
Surplus property administration .................... 158,497 180,775
Marlette Lake ............................... 98,000......................... 98,000
Water treatment plant ................ 250,191...................... 249,711
Accounting division ..................... 130,607...................... 133,825
Deferred compensation committee ... 3,483................................. 3,581
Department of tourism and economic development
Tourism division .......................... 5,730,907 6,027,011 Nevada magazine ............ 3,327,805 3,907,750
κ1991 Statutes of Nevada, Page 1534 (CHAPTER 498, SB 646)κ
Nevada magazine ......... 3,327,805................. 3,907,750
Film division ................... 290,898.................... 291,832
Rural community development ................. 1,632,000 1,500,000
Small business and procurement .................... 349,205 348,774
Department of taxation ....................... 974,894............................ 968,352
Public work-inspection ......................... 1,369,355......................... 1,340,016
Department of data processing
Directors office ........................... 259,955...................... 261,613
Division of systems and programming ................... 5,619,817 4,498,529
Division of facilities management ................... 4,941,506 6,262,074
Planning division .......................... 477,481...................... 491,288
Equal employment opportunity commission ............................ 499,341 541,544
Employees management relations board ................................. 3,000 3,000
Commissioner for veterans affairs ... 183,100............................ 209,500
Legislative fund
Legal division ............................... 663,150......................... 64,725
Committee on high level radioactive waste ...................... 125,000 125,000
Court administrator .............................. 749,174............................ 780,938
Supreme court ........................................ 2,165,375......................... 2,262,815
Uniform system of judicial records .... 329,806............................ 349,422
Law library ............................................. 15,000...................................................... 15,000
Retired justice duty fund ..................... 146,313............................ 151,998
Judicial education ................................. 336,906............................ 344,328
District judges travel ............................ 32,000.............................. 32,000
Public defender ...................................... 921,999............................ 945,389
Department of education
Education: State programs ........ 12,500......................... 12,500
Educational Consolidation and Improvement Act, Chapter II ......... 2,503,953................... 2,449,581
Job Training and Partnership Act ...................... 447,484 450,023
Education for the Handicapped ActTitle VI ................... 6,181,849 6,759,562
Education Consolidation and Improvement Act --Chapter I .................. 10,786,106................. 11,147,710
Support services ........................... 825,860...................... 948,129
Personnel testing........................... 11,760..................................... 11,760
Occupational education ............. 4,776,500................... 4,794,000
Child nutrition program .............. 14,337,142................. 16,032,594
Adult basic education ................. 2,553,704 2,050,500 Drug abuse education ............................ 1,685,250............ 1,715,000
κ1991 Statutes of Nevada, Page 1535 (CHAPTER 498, SB 646)κ
Drug abuse education ................. 1,685,250................... 1,715,000
Health education ......................... 254,000...................... 254,000
Discretionary grants program .... 260,819...................... 271,123
Early childhood education ......... 1,292,800................... 2,036,400
Professional standards commission ......................... 86,606 90,005
Education of handicapped persons ...................... 746,252 896,995
Teacher training for handicapped children ...................... 170,202 172,191
EESA-TITLE II ............................ 684,188...................... 753,000
Teacher training-English as a second language ......................... 84,346 84,216
Other education programs ......... 76,115......................... 93,043
Student incentive grants ............. 402,077...................... 404,926
Education gift fund ..................... 101,326...................... 100,500
Commission on postsecondary education .............................. 85,459 85,141
University of Nevada System
System administration ................ 69,429......................... 69,429
Agriculture experiment station .. 1,115,450................... 1,115,450
Cooperative extension service .. 1,189,577................... 1,191,368
University of Nevada, Reno ...... 12,426,579................. 13,303,710
School of medical sciences ........ 1,615,805................... 1,604,124
University of Nevada, Las Vegas ................. 18,733,889 20,780,350
Special projects account ............ 2,436,000................... 2,150,000
Community college of Southern Nevada ................... 3,648,008 3,984,343
Western Nevada community college ................... 1,093,624 1,185,763
Truckee Meadows community college ................... 2,333,897 2,504,942
Northern Nevada community college ...................... 567,522 631,406
Radiation safety boardsouthern Nevada ...................... 114,342 121,818
Radiation safety boardnorthern Nevada ...................... 246,625 230,566
Desert research institute .............. 101,293...................... 148,486
W.I.C.H.E. loan fund ............................ 844,000............................ 695,699
Department of museums and history 88,027.............................. 89,923
Nevada railroad museum .......... 261,066...................... 319,955
Lost City museum ....................... 52,473......................... 52,928
State museum Las Vegas ........... 70,174......................... 76,487
Nevada state museum ................ 196,605...................... 212,563
Nevada historical society ........... 43,666 44,839 Railroad depotEast Ely ............... 123,594 115,100
κ1991 Statutes of Nevada, Page 1536 (CHAPTER 498, SB 646)κ
Railroad depotEast Ely ............ 123,594...................... 115,100
Nevada council on the arts .................. 653,000............................ 609,000
State library ............................................ 890,000.................................................... 890,000
Literacy program ......................... 66,316......................... 63,777
Division of archives and records ........................... 6,398 7,398
Central libraries automated network ...................... 293,700 218,700
Department of human resources
Directors office ........................... 5,407,977................... 5,180,386
Health resources and cost review ...................... 175,000 175,000
Aging services ............................... 5,240,886................... 5,414,239
Senior services program .............. 2,397,815................... 2,812,428
Radioactive material disposal ... 4,725,303................... 5,023,653
Childrens resource bureau ........ 156,244...................... 149,354
Child and family services division ................... 6,221,209 6,341,689
Northern Nevada childrens home ...................... 132,008 132,008
Southern Nevada childrens home ...................... 198,213 198,786
Child care services bureau ......... 227,045...................... 294,488
Youth alternative placements ... 423,290...................... 436,025
Nevada youth training center .... 182,983...................... 183,605
Youth parole ................................. 138,000...................... 138,963
Youth training centerECIAChapters 1 and 2......................... 166,600.................... 169,900
Youth training center farm ...................... 10,000 10,000
Caliente training center ............... 122,426...................... 124,262
Youth community services ........ 4,000,938................... 4,346,851
Probation subsidies ...................... 205,837...................... 205,837
Health division
Office of the state health officer .................... 451,420 439,559
Vital statistics ................. 117,500.................... 120,800
Bureau of health facilities ................. 1,564,744 1,578,093
Family planning ............. 321,994.................... 327,505
Bureau of laboratory and research .................... 527,592 533,217
Womens, infants and childrens food supplement program .............. 10,029,628 11,126,490
Bureau of childrens health services ................. 1,755,102 1,801,907
Special childrens clinic 269,570 271,667 Bureau of community health services 967,256............. 965,482
κ1991 Statutes of Nevada, Page 1537 (CHAPTER 498, SB 646)κ
Bureau of community health services .................... 967,256 965,482
Emergency medical services ...................... 38,920 38,920
Health aid to counties .. 63,500...................... 63,500
Sexually transmitted disease control ................. 1,257,924 1,312,234
Immunization program 382,529.................... 415,447
Consumer protection .... 1,201,487................. 1,288,529
Radiological health ....... 638,971.................... 522,742
Communicable disease control ...................... 33,381 39,834
Cancer control registry . 93,229...................... 95,390
Mental hygiene and mental retardation division ...................... 543,500 543,500
Nevada mental health institute . 2,324,190................... 2,394,340
Facility for the mental offender 72,533......................... 75,258
Rural clinics .................................. 1,879,484................... 1,925,060
Southern Nevada adult mental health services ................... 2,002,622 2,163,841
Southern Nevada child and adolescent services ................... 2,305,509 2,369,522
Southern MH/MR food service 777,450...................... 827,680
Northern Nevada child and adolescent services ................... 1,967,472 2,013,207
Chapter 1Special education project ...................... 836,944 960,025
Southern mental retardation services ................... 8,040,357 8,479,314
Northern mental retardation services ................... 7,386,277 7,682,302
Community training centers ...... 1,406,260................... 1,450,326
Older Americans program .......... 297,257...................... 297,257
Resident placement ..................... 2,828,137................... 3,216,135
Victims of domestic violence .... 925,000...................... 950,000
MH/MR screening ....................... -0-...................... 140,982
Welfare division
Administration ............................. 16,435,873................. 20,021,931
Food stamp program .................. 3,194,897 3,848,861 Aid to dependent children .............. 20,022,254.......... 21,993,533
κ1991 Statutes of Nevada, Page 1538 (CHAPTER 498, SB 646)κ
Aid to dependent children .............. 20,022,254 21,993,533
State aid to the medically indigent ............ 152,856,680 221,160,039
Homemaking services .. 1,445,184................. 1,534,684
Special welfare grants ... 106,797.................... 106,797
Child support enforcement .............. 13,076,159 14,702,676
Public assistance trust ... 20,500...................... 20,500
Purchase of social services .............. 12,452,820 12,946,750
Child welfare trust ......... 740,408.................... 804,217
Childrens trust account .................... 344,156 357,225
Refugee program ........... 532,670.................... 533,232
Employment and training ................. 2,084,881 2,502,050
Homeless program ........ 134,636.................... 134,636
Energy assistance .......... 3,672,500................. 3,815,180
DOE-weatherization ..... 1,085,000................. 1,143,000
Rehabilitation division
Administration ............... 1,194,846................. 1,191,589
Vocational rehabilitation ................. 5,400,363 5,786,154
Hearing device program .................... 467,173 585,103
Services to the blind ...... 1,307,294................. 1,382,165
Business enterprise contingency fund ................. 1,456,337 1,627,378
Community based services .................... 810,884 810,884
Alcoholism and drug rehabilitation ................. 5,354,712 5,279,968
Alcohol tax program ..... 637,435.................... 645,072
Bureau of disability adjudication ................. 3,149,534 3,200,356
Developmental disabilities .................... 350,000 350,000
Social security admin-vocational rehabilitation .......... 338,182.................... 329,541
Department of the military
Departmental ............................... 2,276,369................... 2,364,192
Adjutant generals construction fund ................... 3,919,500 2,619,500
Division of emergency management ...................... 230,274 225,505
Emergency management federal grants .................... 610,100 655,864 Emergency management assistance program ............. 365,803 382,938
κ1991 Statutes of Nevada, Page 1539 (CHAPTER 498, SB 646)κ
Emergency management assistance program ................... 365,803.................... 382,938
Nevada state prison
Office of the director ................... 373,787...................... 379,255
Medical care ................................. 175,528...................... 177,698
Prison industries ........................... 4,805,050................... 5,945,846
Prison warehouse account ......... 5,000,000................... 5,000,000
Nevada state prison .................... 466,123...................... 466,967
Northern Nevada correctional center ...................... 193,145 198,671
Southern Nevada correctional center ......................... 18,673 19,164
Reno correctional facility ........... 24,719......................... 25,229
Ely maximum security facility .. 36,795......................... 38,300
Southern desert correctional center ......................... 93,752 97,585
Nevada womens correctional center ......................... 35,581 36,057
Offenders store fund .................. 5,026,595................... 5,309,439
Pioche conservation camp ......... 350.............................. 350
Southern desert conservation camp ........................... 1,323 1,413
Wells conservation camp ........... 11,011......................... 11,331
Humboldt conservation camp .. 380.............................. 380
Ely conservation camp ............... 380.............................. 380
Inmate welfare account ............. 291,596...................... 396,863
Las Vegas minimum security facility ......................... 53,366 16,685
Destitute prisoners fund .............. 14,308......................... 13,908
Lovelock correctional center ..... -0-................... 2,500,000
Tonopah conservation camp .... 350.............................. 350
Southern Nevada conservation camp .............................. 150 150
Stewart conservation camp ....... 715.............................. 715
Carlin conservation camp .......... 354.............................. 354
Silver Springs conservation camp .............................. 350 350
Northern restitution center ......... 339,155...................... 339,155
Southern restitution center ......... 303,199...................... 303,199
Prison dairy ................................... 730,129...................... 809,932
Parole and probation ............................ 1,861,354......................... 2,235,089
Department of insurance ..................... 76,432.............................. 76,432
Insurance fraud section .............. 483,041...................... 458,138
Cost stabilization ......................... 125,000...................... 125,000
National association of insurance commissioners ..................................... 22,500 22,500 Prepaid funeral and cemetery fund ... 6,685................... 6,775
κ1991 Statutes of Nevada, Page 1540 (CHAPTER 498, SB 646)κ
Prepaid funeral and cemetery fund ........................... 6,685 6,775
Self-insuranceworkers compensation ...................... 131,434 131,407
Insurance examiners ................... 2,233,409................... 2,295,599
Insurance recovery fund ............ 40,000......................... 40,000
Insolvency fund ........................... 318,027...................... 357,829
Insurance education and research ...................... 320,000 264,979
Department of commerce
Directors office ........................... 92,917......................... 77,835
Manufactured housing division 735,386...................... 675,327
Mobile home parks ..................... 127,273...................... 123,178
Manufactured housing education and recovery ...................... 540,379 580,379
Division of financial institutions ........................... 6,000 6,000
Financial institutions audit program ...................... 57,935 58,439
Financial institutions investigations ...................... 75,000 75,000
Consumer affairs ......................... 40,000......................... 40,000
Telemarketing ................ 1,237,970................. 1,686,343
Consumer affairs restitution ...................... 40,000 40,000
Office of protection and advocacy ...................... 260,351 254,248
Mentally ill individuals program ...................... 185,000 183,399
Fire marshal .................................. 379,879...................... 386,574
Hazardous material training center ...................... 366,306 342,000
Real estate division ..................... 152,000...................... 152,000
Real estate education and research .................... 321,800 351,220
Real estate recovery ..... 371,800.................... 360,280
Real estate investigative fund ...................... 23,000 23,000
Unclaimed property section ....... 209,229...................... 210,333
Housing division .......................... 3,242,950................... 2,975,835
Gaming control board .......................... 2,169,497......................... 2,169,525
Gaming control board investigative fund ......................... 3,602,000 3,602,000
Racing commission ............................... 1,576,562......................... 1,701,076
Athletic commission ............................. 50,000.............................. 50,000
Dairy commission ................................. 1,036,455............................ 980,957
Public service commission of Nevada ......................... 6,320,435 6,855,433 Public service commission
κ1991 Statutes of Nevada, Page 1541 (CHAPTER 498, SB 646)κ
Public service commission
Administrative fines .................... 48,500......................... 50,700
Department of industrial relations ..... 2,235,934......................... 2,153,864
Division of preventative safety . 531,156...................... 538,511
Division of industrial safety and health enforcement ............. 2,484,201................... 2,665,745
Division of mine inspection ....... 536,223...................... 543,384
Taxicab authority ................................. 3,174,130......................... 2,838,246
Colorado River commission ................ 1,266,451......................... 1,177,094
Water treatment facility ............. 47,062,413................. 48,748,763
Federal pumping and transmission facility ................. 54,884,905 56,592,905
Research and development ....... 365,459...................... 571,999
Fort Mohave development fund ................. 11,866,483 11,809,479
Power marketing fund ................ 35,135,672................. 36,580,672
State department of conservation and natural resources
Environmental protection .......... 870,316...................... 868,042
Bureau of air quality ................... 322,339...................... 325,339
Water and mining bureau .......... 2,337,867................... 2,472,478
Waste management and federal facilities ................... 3,987,269 4,090,651
Environmental commission ....... 16,100......................... 16,300
Division of state lands ................ 28,698......................... 32,096
Commission on Tahoe land acquisition ......................... 92,791 58,612
Division of water resources ........ 15,000......................... 15,000
Division of historic preservation and archeology ...................... 334,177 336,138
Division of state parks ................ 2,021,310................... 2,099,760
Division of forestry ...................... 598,463...................... 599,538
Forestry intergovernmental agreement ................. 2,258,133 2,323,204
Forestry honor camp .... 292,308.................... 292,308
Forestry nurseries ........... 669,296.................... 727,470
Forest fire suppression .. 1,000,000................. 1,000,000
Heil wild horse bequest ............... 1,125,480................... 1,156,540
Carey Act trust fund ................... 25,142......................... 30,968
Nevada natural heritage ............. 132,500...................... 135,748
Conservation districts ................. 250.............................. 250
Tahoe regional planning agency ......................... 33,333 33,333
Nevada Tahoe regional planning ......................... 19,000 19,000
Department of minerals ....................... 1,081,745............................ 978,686
Department of wildlife ......................... 13,414,530...................... 13,833,077
Boat program ............................... 3,605,131 3,530,900 Trout management ............ 1,781,453 1,773,300
κ1991 Statutes of Nevada, Page 1542 (CHAPTER 498, SB 646)κ
Trout management ..................... 1,781,453................... 1,773,300
Department of agriculture
Plant industry fund ...................... 338,099...................... 342,802
Apiary inspection fund ............... 24,913......................... 26,186
Agriculture registration and enforcement fund ...................... 604,839 619,613
Livestock inspection fund .......... 1,176,356................... 1,028,619
Grading and certification of agriculture products ...................... 166,450 159,888
Insect abatement .......... 53,230...................... 55,856
Alfalfa seed research .... 53,021...................... 56,440
Veterinary medical services ............................ 450 450
Rural rehabilitation trust ...................... 84,746 77,564
Nevada beef council ............................. 351,534............................ 343,325
Predatory animal and rodent control 20,000.............................. 20,000
Sheep commission ................................ 23,176.............................. 20,146
Woolgrowers predatory animal control .............................. 39,032 39,139
Grazing boards ....................................... 53,351.............................. 53,351
Department of transportation ............. 293,022,113.................... 309,060,280
Department of motor vehicles and public safety
Directors office ........................... 1,894........................... 2,014
Emergency response commission ...................... 500,731 645,498
Commission on substance abuse ...................... 158,916 148,677
Narcotics control .......................... 616,000...................... 616,000
Record search program .............. 4,373,219................... 4,503,990
Drivers license ............................. 477,356...................... 513,975
Commercial drivers license ........ 25,455......................... 25,388
Automation division ................... 180,045...................... 181,257
Highway patrol ............................ 757,767...................... 512,345
Highway patrol special fund ..... 13,267,278................. 13,418,712
Forfeitures ..................................... 600,000...................... 600,000
Highway patrol communication section ................... 1,063,417 1,229,532
Motor vehicle pollution control.. 3,123,071................... 3,319,151
Criminal history repository ........ 1,098,420................... 1,456,821
Salvage, wreckers and body shops regulation ...................... 259,755 204,126
Peace officers standards and training ...................... 462,828 481,726
Traffic safety ............................... 467,998...................... 472,130
Crimes against children .............. 1,229,162................... 1,345,177
Registration division .................... 325,389 339,055 Traffic safetyfederal grants ................ 1,146,466............ 1,146,466
κ1991 Statutes of Nevada, Page 1543 (CHAPTER 498, SB 646)κ
Traffic safetyfederal grants .... 1,146,466................... 1,146,466
Justice assistance act .................. 2,667,000................... 2,667,000
Verification of insurance ............ 2,341,285................... 2,775,226
Public employees retirement fund .... 2,685,302......................... 2,658,669
State industrial insurance system ....... 53,027,677...................... 56,467,052
Rehabilitation center ................... 6,850,474................... 6,814,829
Nevada attorney for injured workers 1,184,374......................... 1,161,251
Employment security department ................. 21,940,638 23,070,541
Employment security special fund ................... 3,091,700 735,000
Claimant employment fund ...... 3,869,200................... 4,212,600
Victims of crime .................................... 2,163,004......................... 2,262,667
Consolidated bond interest and redemption ...................... 43,409,489 47,050,268
Rural housing ......................................... 550,587............................ 575,317
Mining cooperative fund ..................... 70,000.............................. 70,000
Professional and vocational boards
Board of accountancy ............... 479,804...................... 439,210
Board of architecture .................. 593,710...................... 427,098
Board of landscape architects .. 33,943......................... 38,767
Barbers health and sanitation board ......................... 66,585 52,426
Board of chiropractic examiners ...................... 184,589 182,473
Contractors board ...................... 2,302,158................... 2,203,897
Board of cosmetology ................ 686,273...................... 514,779
Board of dental examiners ........ 237,709...................... 238,325
Board of registered professional engineers ...................... 856,135 938,426
Board of funeral directors and embalmers ......................... 28,811 28,304
Board of hearing aid specialists 30,977......................... 32,258
Board of nursing home administrators ......................... 25,745 18,644
Liquefied petroleum gas board . 133,905...................... 142,870
Board of audiologists and speech pathologists ......................... 23,373 15,646
Board of medical examiners ..... 1,261,309................... 1,418,580
Board of marriage and family counselors ......................... 58,245 50,718
Board of nursing .......................... 785,019...................... 608,896
Board of dispensing opticians ... 70,916......................... 63,141
Board of homeopathic medical examiners ........................... 9,211 8,922
Board of optometry .................... 116,692 94,057 Board of osteopathic medicine ............ 130,032............... 116,434
κ1991 Statutes of Nevada, Page 1544 (CHAPTER 498, SB 646)κ
Board of osteopathic medicine . 130,032...................... 116,434
Board of pharmacy .................... 1,172,510...................... 727,549
Board of physical therapy examiners ......................... 86,618 84,117
Board of public health sanitarians ........................... 3,300 2,607
Board of certified shorthand reporters ......................... 18,957 16,361
Board of Oriental medicine ....... 23,066......................... 22,746
Board of podiatry ........................ 28,400......................... 31,295
Board of psychological examiners ......................... 70,711 91,641
Board of examiners in veterinary medicine ...................... 110,230 104,852
Board of examiners for social workers ...................... 123,532 137,755
Sec. 2. 1. Expenditure of $18,847,067 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1991, and ending June 30, 1992.
2. Expenditure of $19,720,767 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1992, and ending June 30, 1993.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act, except the legislative fund and judicial agencies, must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as provided in subsection 2 and limited by section 5 of this act, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act.
κ1991 Statutes of Nevada, Page 1545 (CHAPTER 498, SB 646)κ
legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University of Nevada System may expend with the approval of the interim finance committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
1991-92 1992-93
University of Nevada, Reno ....................... $9,998,420................ $10,837,179
University of Nevada, Las Vegas .............. 16,864,889.................. 18,896,350
Community college of southern Nevada . 3,372,490..................... 3,699,825
Western Nevada community college ........ 999,124..................... 1,089,263
Truckee Meadows community college ..... 2,162,397..................... 2,333,442
Northern Nevada community college ....... 502,022........................ 563,906
School of medical sciences ......................... 1,209,599..................... 1,194,411
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the chief of the budget division of the department of administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. The following amounts are authorized for expenditure from the University of Nevada System Endowment Fund in the accounts authorized in section 1 of this act:
1991-92 1992-93
Special projects account ............................. $2,150,000.................. $2,150,000
University of Nevada, Reno ....................... 100,000........................ 100,000
University of Nevada, Las Vegas .............. 100,000........................ 100,000
Community college of southern Nevada . 37,500.......................... 37,500
Truckee Meadows community college ..... 37,500.......................... 37,500
Western Nevada community college ........ 37,500.......................... 37,500
Northern Nevada community college ....... 37,500.......................... 37,500
κ1991 Statutes of Nevada, Page 1546 (CHAPTER 498, SB 646)κ
Sec. 9. There is hereby appropriated from the special capital construction fund for higher education, after payment any amount which is needed to pay the principal and interest on bonds, the sum of $286,000 to the special projects account for expenditure as authorized in section 1 of this act.
Sec. 10. 1. The chief of the budget division of the department of administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the budget division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the legislature.
2. The assessments must be paid by September 1 of each year.
Sec. 11. The director of the department of administration shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
Sec. 12. With the approval of the interim finance committee, the division of state parks of the state department of conservation and natural resources may use any park user fees collected within a calendar year, that are in excess of the amounts authorized from that revenue source in the divisions budget, for the fiscal year beginning in that calendar year for maintenance projects in state parks, recreational areas and historic monuments. Any portion of the amount of excess fees that is not expended by the end of a fiscal year in which it was authorized may be carried forward to the next fiscal year.
Sec. 13. 1. Except as otherwise provided in subsection 2, the state public defender shall collect not more than the following amounts from the counties for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1992 June 30, 1993
Carson City .............................................. $249,270 $255,255
Douglas County ...................................... 230,806 236,347
Esmeralda County .................................. 18,464 18,908
Eureka County ........................................ 23,081 23,635
Humboldt County .................................. 120,019 122,901
Lincoln County ....................................... 18,464 18,908
Nye County .............................................. 92,322 94,538
Pershing County ...................................... 46,161 47,269
Storey County ......................................... 9,232 9,454
White Pine County .................................. 115,403 118,174
Totals................................................... $923,222 $945,389
2. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
κ1991 Statutes of Nevada, Page 1547 (CHAPTER 498, SB 646)κ
Sec. 14. This act becomes effective on July 1, 1991.
________
Senate Bill No. 658Committee on Finance
CHAPTER 499
AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the biennium 1991-93; making an appropriation; authorizing certain expenditures; eliminating average daily attendance from the computation of the basic support of a school district; requiring school districts to make certain annual reports; and providing other matters properly relating thereto.
[Approved June 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.1211 is hereby amended to read as follows:
387.1211 As used in NRS 387.121 to 387.126, inclusive:
1. [Average daily attendancehighest 3 months means the average daily attendance of pupils enrolled in programs of instruction of a school district during the 3 months of highest average daily attendance of the school year.] Average daily attendance means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.
2. Enrollment means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district at a specified time during the school year.
3. Special education program unit means an organized instructional unit which includes full-time services of persons licensed by the superintendent of public instruction providing a program of instruction in accordance with minimum standards prescribed by the state board.
Sec. 2. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all those who are enrolled in programs of instruction of the school district for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
2. The state board of education shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
κ1991 Statutes of Nevada, Page 1548 (CHAPTER 499, SB 658)κ
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) [Shall calculate average daily attendance by selecting the average daily attendancehighest 3 months for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.
(d)] Shall prohibit the counting of any pupil specified in [paragraph (a), (b), (c) or (d) of] subsection 1 more than once.
3. Except as otherwise provided in NRS 388.700, the state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
Sec. 3. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of handicapped minors who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
(4) Six-tenths the count of handicapped minors who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.
(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
κ1991 Statutes of Nevada, Page 1549 (CHAPTER 499, SB 658)κ
[(6) One-fourth the average daily attendancehighest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.]
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the sum of the counts prescribed in [subparagraphs (1) to (5), inclusive, of] paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 4. NRS 387.303 is hereby amended to read as follows:
387.303 [In addition to the requirements of NRS 354.596, not] 1. Not later than [30 days prior to the time of filing its tentative budget,] November 15 of each year, each board of trustees of a school district shall submit [, simultaneously] to the superintendent of public instruction [and the department of taxation, a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report must be made on forms prescribed by the superintendent of public instruction and must include, without limitation:
1. A schedule showing, according to account and fund classification, the estimated number of persons to be employed who are fully funded thereby;
2. A schedule showing, according to classification, the estimated number of persons to be employed who are funded by more than one account or fund; and
3. The projected salary schedule for the next fiscal year.] a report which includes the following information:
(a) For each fund within the school district, including without limitation the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
κ1991 Statutes of Nevada, Page 1550 (CHAPTER 499, SB 658)κ
(b) The count of pupils, handicapped minors and other children in the current and preceding school year computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.
(d) The school districts actual expenditures in the fiscal year immediately preceding the report.
(e) The school districts proposed expenditures for the current fiscal year.
(f) The salary schedule for licensed employees in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the board of trustees shall submit a supplemental report to the superintendent upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the salary schedule agreed to or required by the arbitrator.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.
Sec. 5. The basic support guarantee per pupil for the respective school districts of the state for the fiscal year 1991-92 is:
Carson City .................................................................................... $3,668
Churchill County .......................................................................... 3,725
Clark County ................................................................................. 3,212
Douglas County ............................................................................ 3,395
Elko County .................................................................................. 3,746
Esmeralda County ....................................................................... 5,780
Eureka County .............................................................................. 100
Humboldt County ........................................................................ 3,564
Lander County .............................................................................. 3,841
Lincoln County ............................................................................. 5,534
Lyon County ................................................................................. 3,951
Mineral County ............................................................................. 3,884
Nye County ................................................................................... 3,678
Pershing County ............................................................................ 4,076
Storey County ............................................................................... 5,401
Washoe County ............................................................................ 3,007
White Pine County ....................................................................... 4,363
Sec. 6. 1. The basic support guarantee for school districts for operating purposes for the fiscal year 1992-93 is an estimated weighted average of $3,312 per pupil.
2. The department of taxation on or before April 1, 1992, shall provide a certified estimate of the assessed valuation for each school district for the fiscal year 1992-93. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds of minerals derived from within the boundaries of the district.
κ1991 Statutes of Nevada, Page 1551 (CHAPTER 499, SB 658)κ
that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds of minerals derived from within the boundaries of the district.
3. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for the respective school districts of the state for the fiscal year 1992-93 for operating purposes are:
Estimated
Basic Basic
Support Support
Guarantee Estimated Guarantee
Before Ad Valorem as
Adjustment Adjustment Adjusted
Carson City $3,482 $144 $3,626
Churchill County 3,549 194 3,743
Clark County 3,223 11 3,234
Douglas County 3,619 (186) 3,433
Elko County 3,592 208 3,800
Esmeralda County 6,278 (258) 6,020
Eureka County 100 0 100
Humboldt County 3,731 (178) 3,553
Lander County 3,741 (10) 3,731
Lincoln County 5,393 396 5,789
Lyon County 3,782 207 3,989
Mineral County 3,836 183 4,019
Nye County 3,995 (162) 3,833
Pershing County 4,340 (102) 4,238
Storey County 5,517 34 5,551
Washoe County 3,107 (68) 3,039
White Pine County 4,051 286 4,337
4. The ad valorem adjustment may be made only to take account of the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 1991, and the amount estimated as of April 1, 1992, for the fiscal year 1992-93.
5. Upon receipt of the certified estimates of assessed valuations as of April 1, 1992, from the department of taxation, the department of education must recalculate the amount of ad valorem adjustment and the basic support guarantee for operating purposes for the fiscal year 1992-93 by April 25, 1992. The basic support guarantee for each school district for the fiscal year 1992-93 is the amount which is recalculated for the fiscal year 1992-93 pursuant to this section, except that the basic support guarantee recalculated pursuant to this section must not be less than $100 per pupil.
Sec. 7. 1. The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $25,956 in the fiscal year 1991-92 and $26,208 in the fiscal year 1992-93, except as limited by subsection 2.
κ1991 Statutes of Nevada, Page 1552 (CHAPTER 499, SB 658)κ
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1991-92 and 1992-93 are:
1991-92 1992-93
Location of School
District Units Amount Units Amount
Carson City 50 $1,297,800 53 $1,389,024
Churchill County 26 674,856 28 733,824
Clark County 786 20,401,416 837 21,936,096
Douglas County 38 986,328 40 1,048,320
Elko County 45 1,168,020 48 1,257,984
Esmeralda County 3 77,868 3 78,624
Eureka County 4 103,824 4 104,832
Humboldt County 19 493,164 20 524,160
Lander County 10 259,560 11 288,288
Lincoln County 11 285,516 11 288,288
Lyon County 32 830,592 34 891,072
Mineral County 10 259,560 11 288,288
Nye County 24 622,944 26 681,408
Pershing County 7 181,692 8 209,664
Storey County 4 103,824 4 104,832
Washoe County 276 7,163,858 293 7,678,944
White Pine County 14 363,384 14 366,912
Subtotal 1,359 $35,274,204 1,445 $37,870,560
Reserved by State
Board of Education 30 778,680 30 786,240
Total............................... 1,389 $36,052,884 1,475 $38,656,800
3. The state board of education shall reserve 30 special education program units for the fiscal year 1991-92 and 30 special education units for the fiscal year 1992-93, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for the respective fiscal years.
Sec. 8. 1. There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:
For the fiscal year 1991-92................................................... $318,749,204
For the fiscal year 1992-93..................................................... 298,278,498
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years, 1991-92 and 1992-93, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
κ1991 Statutes of Nevada, Page 1553 (CHAPTER 499, SB 658)κ
3. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
4. The sum appropriated by subsection 1 for the fiscal year 1991-92 may be expended to pay claims against the state distributive school account attributable to the fiscal year 1990-91 if insufficient money is available in the fiscal year 1990-91.
5. The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
6. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1991-92 must be transferred and added to the money appropriated for the fiscal year 1992-93 and may be expended as that money is expended.
7. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1992-93, including any money added thereto pursuant to the provisions of subsection 5, 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. 9. 1. Expenditure of $66,455,000 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1991.
2. Expenditure of $73,221,000 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1992.
3. For purposes of accounting and reporting, the sums authorized for expenditure in subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the department of education, in subsections 1 and 2, for the purpose of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 10. Of the sums appropriated from the state general fund in section 8 of this act, up to $600,000 in each of the fiscal years 1991-92 and 1992-93 may be used to meet the states matching requirement under the Child Nutrition Act.
κ1991 Statutes of Nevada, Page 1554 (CHAPTER 499, SB 658)κ
of this act, up to $600,000 in each of the fiscal years 1991-92 and 1992-93 may be used to meet the states matching requirement under the Child Nutrition Act.
Sec. 11. During each of the fiscal years 1991-92 and 1992-93, whenever the state controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay the claims, but no more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
Sec. 12. 1. The department of education is hereby authorized to spend from the state distributive school account the sum of $8,052,448 for the fiscal year 1991-92 and the sum of $8,666,581 for the fiscal year 1992-93 for the support of courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma. Of those amounts, no more than $3,027,348 may be used in fiscal year 1991-92 and no more than $3,226,850 may be used in fiscal year 1992-93 for the education of pupils who are incarcerated in a facility or institution operated by the department of prisons, other than an honor camp.
2. The amounts limited by subsection 1 may be increased in fiscal year 1992-93 to accommodate a distribution of money intended for a salary increase approved by the legislature.
Sec. 13. This act becomes effective on July 1, 1991.
________
Senate Bill No. 637Committee on Finance
CHAPTER 500
AN ACT relating to administrative assessments; revising the distribution of the proceeds of administrative assessments collected in municipal and justices courts; requiring each city clerk and county clerk to inform the court administrator of changes in criminal ordinances; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
κ1991 Statutes of Nevada, Page 1555 (CHAPTER 500, SB 637)κ
Fine Assessment
$5 to $49.................................................................................... $10
50 to 59...................................................................................... 25
60 to 69...................................................................................... 30
70 to 79...................................................................................... 35
80 to 89...................................................................................... 40
90 to 99...................................................................................... 45
100 to 199................................................................................... 55
200 to 299................................................................................... 65
300 to 399................................................................................... 75
400 to 499................................................................................... 85
500 to 1,000............................................................................... 100
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are [dropped,] dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special account in the municipal general fund for the use of the municipal courts.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
κ1991 Statutes of Nevada, Page 1556 (CHAPTER 500, SB 637)κ
[5.] 6. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special account in the county general fund for the use of the justices courts.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
[6.] 7. The money apportioned to a juvenile court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court and to acquire a computer or the use of one.
[7.] 8. Of the total amount deposited in the state general fund pursuant to subsections [4 and 5,] 5 and 6, the state controller shall distribute the money received , to the extent of legislative authorization, to the following public agencies in the following [amounts for each assessment received up to the amounts authorized by the legislature:
(a) Six dollars] manner:
(a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:
(1) [One dollar and fifty cents] Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.
(2) [Eighty cents] Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.
(3) [Seventy cents] Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.
(4) [Three dollars] Sixty percent of the amount distributed to the office of the court administrator for the supreme court.
(5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.
(b) [Based upon the availability of money from the assessment and to the extent of legislative authorization, not more than $1 for the peace officers standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement.
(c) The remainder of any amount so deposited] Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The central repository for Nevada records of criminal history;
(2) The [activities of the investigation division of the department of motor vehicles and public safety related to] peace officers standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;
κ1991 Statutes of Nevada, Page 1557 (CHAPTER 500, SB 637)κ
the continuing education of persons whose primary duties are law enforcement;
(3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and
(4) The fund for the compensation of victims of crime.
Sec. 2. Chapter 246 of NRS is hereby amended by adding thereto a new section to read as follows:
If the board of county commissioners adopts, repeals or amends an ordinance concerning a criminal offense, the county clerk shall mail a copy of the ordinance as adopted, repealed or amended to the court administrator.
Sec. 3. Chapter 249 of NRS is hereby amended by adding thereto a new section to read as follows:
On or before the 15th day of each month, the county treasurer shall report to the state treasurer the amount of the administrative assessments paid by each justices court for the preceding month pursuant to NRS 176.059.
Sec. 4. Chapter 266 of NRS is hereby amended by adding thereto a new section to read as follows:
If the city council adopts, repeals or amends an ordinance concerning a criminal offense, the city clerk shall mail a copy of the ordinance as adopted, repealed or amended to the court administrator.
Sec. 5. All administrative assessments that are collected or are partially collected before July 1, 1991, but which have not been remitted to the state, and all administrative assessments that are collected or are partially collected on or after July 1, 1991, must be distributed by the county treasurer and the city treasurer in accordance with the amendatory provisions of section 1 of this act. The date that an administrative assessment is imposed must not be considered in distributing the administrative assessments.
Sec. 6. This act becomes effective on July 1, 1991.
________
Senate Bill No. 620Committee on Finance
CHAPTER 501
AN ACT relating to the University of Nevada; authorizing the issuance of revenue bonds to pay a portion of the cost of acquiring additional student housing and dining facilities at the University of Nevada, Las Vegas, and the University of Nevada, Reno; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Except as otherwise provided in sections 2, 3 and 4 of this act, terms used or referred to in this act have the meanings ascribed to them in the University Securities Law.
Sec. 2. Net pledge revenues is synonymous with pledged revenues as defined in section 3 of this act.
κ1991 Statutes of Nevada, Page 1558 (CHAPTER 501, SB 620)κ
Sec. 3. 1. Pledged revenues means, in connection with securities issued pursuant to this act to finance in part the project designated in section 4 of this act:
(a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities of the types enumerated in NRS 396.828 and situated on the campuses of the universities known as the University of Nevada, Reno, and the University of Nevada, Las Vegas, including those described as the project, which the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of those securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to the pledged revenues; and
(b) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending those two universities, subject to the limitation provided in subsection 5 of NRS 396.840.
2. Pledged revenues includes, in connection with students attending the two universities, any student fees authorized by law after the effective date of this section, any grants, conditional or unconditional, from the Federal Government for the payment of any principal or interest on securities, and any net revenues to be derived from the operation of income-producing facilities of the university or the board or from other available sources, if the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended to those fees, grants and revenues after the effective date of this act.
3. Pledged revenues indicates a source of revenues and does not indicate any particular portion of those revenues unless that portion is otherwise specified.
Sec. 4. Project means the construction, other acquisition, rehabilitation and improvement, or any combination thereof, of additional student housing and dining facilities required or desired by the university at the University of Nevada, Reno, and University of Nevada, Las Vegas, equipment and furnishings therefor, and other appurtenances relating thereto as specified in a resolution of the board adopted pursuant to this act.
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $10,000,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding $10,000,000 for facilities at the University of Nevada, Las Vegas;
(b) To issue such bonds and other securities in connection with the projects in one series or more at any time or from time to time within 5 years after the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);
κ1991 Statutes of Nevada, Page 1559 (CHAPTER 501, SB 620)κ
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.
3. This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 6. Bonds or other securities issued under this act are not subject to any limitation on the amount of discount at which they can be sold, and are specifically exempt from limitation on percentage of discount provided in subsection 2 of NRS 396.850. The effective interest on the bonds or other securities issued pursuant to this act may not exceed by more than 3 percent the Index of Revenue Bonds most recently published before bids for the bonds are received or a negotiated offer is accepted.
Sec. 7. This act, being necessary to secure and preserve the public health, safety, convenience and welfare, must be liberally construed to effect its purpose.
Sec. 8. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 9. This act becomes effective upon passage and approval.
________
Senate Bill No. 615Committee on Finance
CHAPTER 502
AN ACT making a supplemental appropriation to the youth services division of the department of human resources for expenses relating to utility charges at the youth training center; and providing other matters properly relating thereto.
[Approved July 1, 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 youth services division of the department of human resources the sum of $37,400 for additional expenses related to utility charges at the youth training center. This appropriation is supplemental to that made by section 30 of chapter 611, Statutes of Nevada 1989, at page 1351.
κ1991 Statutes of Nevada, Page 1560 (CHAPTER 502, SB 615)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 594Senator Getto
CHAPTER 503
AN ACT relating to county commissioners; allowing certain boards of county commissioners to be decreased; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.011 is hereby amended to read as follows:
244.011 1. In each county [having a population of] whose population is less than 100,000, the board of county commissioners may, by ordinance, provide that the board of county commissioners [shall consist] consists of five members. Upon enactment of the ordinance, the board of county commissioners shall submit the ordinance to the registered voters of the county at the next primary or general election. The voters at the election shall vote on the question, Shall the board of county commissioners be increased to five members. If a majority of votes cast approve the question, the ordinance becomes effective upon certification of the vote by the county clerk, otherwise, the ordinance does not become effective.
2. If the ordinance [is enacted,] becomes effective, the two additional members [shall] must be elected at the next general election. One member [shall] must be elected to an initial 2-year term and the other member [shall] must be elected to an initial 4-year term. The county clerk shall, on or before the [1st] first Monday in June of the year in which the election is to be held, designate which new position on the board will consist of a 2-year term and which will consist of a 4-year term. When the initial terms expire, subsequent terms for each new position are for 4 years.
3. A board of county commissioners increased to five members pursuant to this section [shall not be decreased except by action of the legislature.] may be decreased to three members in accordance with the provisions of subsection 4.
4. The board of county commissioners may, by ordinance, provide that the board of county commissioners consists of three members. Upon enactment of the ordinance, the board of county commissioners shall submit the ordinance to the registered voters of the county at the next primary or general election. The voters at the election shall vote on the question, Shall the board of county commissioners be decreased to three members. If a majority of votes cast approve the question, the ordinance becomes effective upon certification of the vote by the county clerk, otherwise, the ordinance does not become effective.
5. If the ordinance enacted pursuant to subsection 4 becomes effective, two seats on the board of county commissioners must be abolished as follows:
κ1991 Statutes of Nevada, Page 1561 (CHAPTER 503, SB 594)κ
(a) If three seats are scheduled for election at the next general election, only one seat may come up for election.
(b) If two seats are scheduled for election at the next general election:
(1) Only one seat may come up for election; and
(2) One of the three seats elected at the preceding general election must be abolished effective at midnight of the day preceding the first Monday in January following the next general election.
The board of county commissioners shall draw lots to determine which seats must be abolished pursuant to this subsection.
Sec. 2. NRS 244.018 is hereby amended to read as follows:
244.018 1. If new or changed county commissioner election districts must be established because of changes in population or applicable law, the board of county commissioners shall establish those districts by ordinance and provide for the election from specified districts of the proper numbers of county commissioners for 4-year and 2-year terms respectively so that the numbers of county commissioners to be elected at each general election thereafter will be as nearly equal as possible. [If]
2. Except as otherwise provided in NRS 244.011, if at the time a general election is to be conducted for the election of county commissioners from new districts there is incumbent any county commissioner, elected at large or from a validly established election district, whose term extends beyond the [1st] first Monday of January of the following year, he is entitled to serve out his term and shall be deemed to represent the new district in which he resides.
________
Senate Bill No. 578Committee on Finance
CHAPTER 504
AN ACT relating to the University of Nevada; authorizing the completion of the Thomas and Mack Center; authorizing the issuance of revenue bonds to pay a portion of the cost of construction; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act have the meanings ascribed to them in the University Securities Law. As used in this act, unless the context otherwise requires, the terms defined in sections 2, 3 and 4 of this act have the meaning ascribed to them in those sections.
Sec. 2. Net pledged revenues means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of pledged revenues.
Sec. 3. 1. Pledged revenues means, in connection with securities issued pursuant to this act to finance in part the project designated in section 4 of this act:
κ1991 Statutes of Nevada, Page 1562 (CHAPTER 504, SB 578)κ
(a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situated on the campus of the university known as the University of Nevada, Las Vegas, including, without limitation, the project, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and
(b) The gross revenues derived from the imposition and collection of the fees payable by the students attending the University of Nevada, Las Vegas, subject to the limitation provided in subsection 5 of NRS 396.840.
2. Pledged revenues includes, in connection with students attending the University of Nevada, Las Vegas, any fees of students authorized by law after July 1, 1991, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after July 1, 1991.
3. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.
Sec. 4. Project means the construction and improvement of the Thomas and Mack Center so as to complete the building pursuant to its original design, including, without limitation, the expansion of restroom facilities, concession stands, first-aid centers and security, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $3,600,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.
(b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time but not after July 1, 1996, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act.
κ1991 Statutes of Nevada, Page 1563 (CHAPTER 504, SB 578)κ
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 6. Bonds and other securities authorized by this act are subject to no limitations upon their rate of interest or the rate of discount at which they may be sold, including the limitations set forth in subsection 2 of NRS 396.850 and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.
Sec. 7. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
Sec. 8. The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.
Sec. 9. If any provision of this act or the application thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. This act becomes effective on July 1, 1991.
________
Senate Bill No. 576Committee on Human Resources and Facilities
CHAPTER 505
AN ACT relating to health care; authorizing a person to grant a durable power of attorney for health care to his provider of health care, an employee of the provider, an operator of a health care facility or an employee of a health care facility if that person is also his spouse, legal guardian or next of kin; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.820 is hereby amended to read as follows:
449.820 [A]
κ1991 Statutes of Nevada, Page 1564 (CHAPTER 505, SB 576)κ
1. Except as otherwise provided in subsection 2, a principal may not name as attorney in fact in a power of attorney:
[1.] (a) His provider of health care;
[2.] (b) An employee of his provider of health care;
[3.] (c) An operator of a health care facility; or
[4.] (d) An employee of a health care facility.
2. A principal may name as attorney in fact any person identified in subsection 1 if that person is the spouse, legal guardian or next of kin of the principal.
Sec. 2. NRS 449.830 is hereby amended to read as follows:
449.830 The form of a power of attorney for a disabled principal must be substantially as follows:
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN, DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.
4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
κ1991 Statutes of Nevada, Page 1565 (CHAPTER 505, SB 576)κ
5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.
6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.
7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.
8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.
9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
1. DESIGNATION OF HEALTH CARE AGENT.
I, .............................................................................................................................
(insert your name) do hereby designate and appoint:
Name:.......................................................................................................................
Address:...................................................................................................................
Telephone Number:...............................................................................................
as my attorney-in-fact to make health care decisions for me as authorized in this document.
(Insert the name and address of the person you wish to designate as your attorney-in-fact to make health care decisions for you. [None] Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your attorney-in-fact: (1) your treating provider of health care, (2) an employee of your treating provider of health care, (3) an operator of a health care facility, or (4) an employee of an operator of a health care facility.)
2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.
κ1991 Statutes of Nevada, Page 1566 (CHAPTER 505, SB 576)κ
3. GENERAL STATEMENT OF AUTHORITY GRANTED.
In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the attorney-in-fact named above full power and authority to make health care decisions for me before, or after my death, including: consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.
4. SPECIAL PROVISIONS AND LIMITATIONS.
(Your attorney-in-fact is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion. If there are any other types of treatment or placement that you do not want your attorney-in-facts authority to give consent for or other restrictions you wish to place on his or her attorney-in-facts authority, you should list them in the space below. If you do not write any limitations, your attorney-in-fact will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)
In exercising the authority under this durable power of attorney for health care, the authority of my attorney-in-fact is subject to the following special provisions and limitations:
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
5. DURATION.
I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my attorney-in-fact will continue to exist until the time when I become able to make health care decisions for myself.
(IF APPLICABLE)
I wish to have this power of attorney end of the following date:.....
6. STATEMENT OF DESIRES.
(With respect to decisions to withhold or withdraw life-sustaining treatment, your attorney-in-fact must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your attorney-in-fact has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)
κ1991 Statutes of Nevada, Page 1567 (CHAPTER 505, SB 576)κ
(If the statement reflects your desires, initial the box next to the statement.)
1. I desire that my live be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures. [.......................... ]
2. If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of [this act] chapter 258, Statutes of Nevada 1991, if this subparagraph is initialed.) [.......................... ]
3. If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.540 to 449.690, inclusive, and sections 2 to 12, inclusive, of [this act] chapter 258, Statutes of Nevada 1991, if this subparagraph is initialed.) [.......................... ]
4. I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My attorney-in-fact is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life. [ ]
(If you wish to change your answer, you may do so by drawing an X through the answer you do not want, and circling the answer you prefer.)
Other or Additional Statements of Desires: ......................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
7. DESIGNATION OF ALTERNATE ATTORNEY-IN-FACT.
(You are not required to designate any alternative attorney-in-fact but you may do so. Any alternative attorney-in-fact you designate will be able to make the same health care decisions as the attorney-in-fact designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your attorney-in-fact. Also, if the attorney-in-fact designated in paragraph 1 is your spouse, his or her designation as your attorney-in-fact is automatically revoked by law if your marriage is dissolved.)
κ1991 Statutes of Nevada, Page 1568 (CHAPTER 505, SB 576)κ
If the person designated in paragraph 1 as my attorney-in-fact is unable to make health care decisions for me, then I designate the following persons to serve as my attorney-in-fact to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:
A. First Alternative Attorney-in-fact
Name:...................................................................................................
Address:................................................................................................
.............................................................................................
Telephone Number:............................................................................
B. Second Alternative Attorney-in-fact
Name:...................................................................................................
Address:................................................................................................
.............................................................................................
Telephone Number:............................................................................
8. PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.
(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)
I sign my name to this Durable Power of Attorney for Health care on .................... (date) at .................... (city), .................... (state)
.........................................................
(Signature)
(THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
(You may use acknowledgment before a notary public instead of the statement of witnesses.)
State of Nevada }
} ss.
County of ................................... }
On this ............... day of ..............., in the year ..., before me, ....................................... (here insert name of notary public) personally appeared ................................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.
κ1991 Statutes of Nevada, Page 1569 (CHAPTER 505, SB 576)κ
whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.
NOTARY SEAL .........................................................
(Signature of Notary Public)
STATEMENT OF WITNESSES
(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the attorney-in-fact, (2) a provider of health care, (3) an employee of a provider of health care, (4) the operator of health care facility, (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)
I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney-in-fact by this document, and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility, nor an employee of an operator of a health care facility.
Signature: Residence Address:..............................
Print Name: .................................................................
Date: .................................................................
Signature: Residence Address:..............................
Print Name: .................................................................
Date: .................................................................
(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)
I declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.
Signature: ....................................................................
Signature: ....................................................................
.........................................................................................................................................
Names: Address:..................................................
Print Name: .................................................................
Date: .................................................................
COPIES: You should retain an executed copy of this document and give one to your attorney-in-fact. The power of attorney should be available so a copy may be given to your providers of health care.
κ1991 Statutes of Nevada, Page 1570 (CHAPTER 505, SB 576)κ
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 516Senators Rawson, Coffin, Glomb, Hickey, Raggio and Townsend
CHAPTER 506
AN ACT relating to the University of Nevada System; authorizing the board of regents to plan for and establish a model program to train persons to work in nursing homes; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of regents may plan for and establish a model program to educate and train persons for work in a nursing home.
2. The program must be developed and administered through the community colleges and the University of Nevada School of Medicine.
3. The board of regents may carry out the program through a joint venture with one or more nursing homes, but the board of regents must have final authority to direct and supervise the program.
4. The board of regents may apply for any available grants and accept any gifts, grants or donations for the support of the program.
________
Senate Bill No. 506Committee on Finance
CHAPTER 507
AN ACT relating to wildlife; increasing fees for certain licenses, permits and tags for hunting and fishing; making various changes concerning licenses, tags and permits to hunt, fish or trap; authorizing the revocation of a guides license for certain violations concerning watercraft; authorizing the board of wildlife commissioners to adopt regulations concerning fur dealers; requiring the department of wildlife to contract for the development of a computer program for conducting certain drawings; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.376 is hereby amended to read as follows:
501.376 1. Any person who unlawfully kills or possesses a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag is guilty of a gross misdemeanor.
κ1991 Statutes of Nevada, Page 1571 (CHAPTER 507, SB 506)κ
bear without a valid tag is guilty of a gross misdemeanor. This subsection does not prohibit the killing of such an animal if necessary to protect the life or property of any person in imminent danger of being attacked by such an animal.
2. A tag issued for hunting any big game animal specified in subsection 1 is not valid if knowingly used by a person:
(a) Other than the person specified on the tag;
(b) Outside of the management area or other area specified on the tag;
(c) Outside of the dates established by the commission for the lawful taking of the big game animal specified on the tag;
(d) Outside of the hours set pursuant to NRS 503.140 for the lawful hunting of the big game animal specified on the tag; or
(e) If the tag was obtained by a false or fraudulent representation.
3. Any vessel, vehicle, aircraft or other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring or purchasing of wildlife in violation of subsection 1 for which a gross misdemeanor conviction is obtained is subject to forfeiture to the state if:
(a) The owner of the vessel, vehicle, aircraft or equipment was at the time of the violation a consenting party or privy thereto, or in the exercise of due care, should have known that [such] the vessel, vehicle, aircraft or other equipment would be used in violation of subsection 1; and
(b) The violation involved the:
(1) Intent to sell or purchase wildlife;
(2) Offer to sell or purchase wildlife; or
(3) Sale or purchase of wildlife.
Sec. 2. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. The department shall account separately for the money received from fees for processing applications for tags and use that money only for all of the departments direct and indirect costs associated with the system of applications and drawings for, and the issuance of, tags.
Sec. 4. 1. For the purpose of issuing and using resident licenses, tags or permits pursuant to this chapter, a person is considered to be a resident of the State of Nevada if:
(a) He is a citizen of, or is lawfully entitled to remain in, the United States; and
(b) During the 6 months next preceding his application to the department for a license, tag or permit, he:
(1) Was domiciled in this state;
(2) Was physically present in this state, except for temporary absences; and
(3) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.
2. A person who is not domiciled in Nevada but who is attending an institution of higher learning in this state as a full-time student is eligible for a resident license, tag or permit if, during the 6 months next preceding his application to the department for a license, tag or permit, he:
(a) Was physically present in Nevada, except for temporary trips outside of the state; and
κ1991 Statutes of Nevada, Page 1572 (CHAPTER 507, SB 506)κ
(b) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.
3. A resident license, tag or permit issued by this state is void if the person to whom it was issued establishes his domicile in and obtains any privilege or entitlement conditional on residency from another state, country or province.
Sec. 5. NRS 502.040 is hereby amended to read as follows:
502.040 1. The commission shall adopt regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting money to the department, and the manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned. A license agents authority may be revoked or suspended by the department for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.
2. A license agent designated by the department is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.
3. Except as otherwise provided in subsection 4, a license agent shall furnish a bond to the department for the proper performance of his duties, executed by the license agent as principal, and by a corporation qualified under the laws of this state as surety, and payable to the State of Nevada in such an amount as is determined by the commission. The premium for the bond must be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund.
4. In lieu of a bond, the license agent may purchase inventory in advance of sales or deposit with the department 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 not available for withdrawal except upon order of the department.
5. A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the department for deposit in accordance with NRS 501.356 of all money collected. The department shall furnish to the license agent receipts for all money which he remits to the department. A license agent shall furnish a receipt to the department of all licenses, tags, stamps or permits which he receives from the department.
6. For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:
(a) Fifty cents for each license, tag or permit, in addition to the fee for the license, tag or permit ; [stated in NRS 502.240 or 502.250;] and
(b) Ten cents for each stamp or similar document issued which does not require completion by the agent.
7. Any person authorized to enforce this chapter may inspect, during the license agents normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.
κ1991 Statutes of Nevada, Page 1573 (CHAPTER 507, SB 506)κ
8. All money collected by a license agent, except service fees collected pursuant to subsection 6, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.
Sec. 6. NRS 502.160 is hereby amended to read as follows:
502.160 1. The department shall designate the form of the tag, requiring such numbering or other manner of identification as is necessary to designate the name or hunting license number of the person to whom it is issued. Each tag [shall] must show the game for which it may be used, the year, and, whenever necessary, the management area in which it may be used.
2. The commission may [make any regulation] adopt any regulations necessary relative to the manner of qualifying and applying for, using, completing, attaching, filling out, punching, inspecting, validating or reporting such tags. It is unlawful for any person to fail to abide by any such regulation.
Sec. 7. NRS 502.190 is hereby amended to read as follows:
502.190 1. Tags for hunting wildlife in regular season by nonresident [or alien] hunters may be limited to a certain number in any management area, which management area may include all of any county, any portion of any county, or any continuous area in adjacent counties.
2. Whenever a limit is placed upon the number of tags available to nonresident [or alien] hunters in any management area the commission shall determine the manner in which the tags are issued, whether by lot or by sale to first applicants, the manner of application, the manner of delivering the tags and other necessary matters.
3. Whenever applications, money or tags and licenses are entrusted to the mails the commission is not responsible for loss or delay in the mails.
Sec. 8. NRS 502.210 is hereby amended to read as follows:
502.210 A duplicate tag [must] may not be issued except:
1. Upon an affidavit by the applicant that a tag previously issued has been lost or destroyed and upon payment of a fee in an amount equal to the fee provided by law for initial issuance of the tag.
2. Upon receiving an affidavit of an applicant that he has not received the tag for which he applied and paid the required fee, the department may, not earlier than [30] 7 days after the date on which the tag was mailed, issue a duplicate tag to the applicant upon payment of a fee of $1.
3. When any deer hunter kills a deer which he has reason to believe is diseased and unfit for human consumption, he must place his tag on the carcass in the manner provided by law or regulation, but, upon inspection of the carcass by a game warden, the hunter may be authorized by the warden to obtain a duplicate tag without charge if the warden has found by his inspection that the deer killed was diseased and unfit for human consumption. The warden shall seize and properly dispose of any such deer, including its hide and antlers.
Sec. 9. NRS 502.240 is hereby amended to read as follows:
502.240 The department shall issue annual licenses and limited permits:
1. To any [citizen of the United States] person who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license or $9 for a combination hunting and fishing license.
κ1991 Statutes of Nevada, Page 1574 (CHAPTER 507, SB 506)κ
fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license or $9 for a combination hunting and fishing license.
2. To any [citizen of the United States] person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.
3. Except as otherwise provided in NRS 502.245 and 504.390, to any [citizen of the United States] person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:
For a fishing license .................................................................. $15.00
For a 10-day permit to fish ..................................................... 10.00
For a 3-day permit to fish ....................................................... 6.00
For a hunting license ................................................................ 20.00
For a combined hunting and fishing license ........................ 33.50
For a trapping license ............................................................... 30.50
For a fur dealers license .......................................................... 50.00
For an annual master guides license ..................... [125.00] 250.00
For an annual subguides license .............................. [60.00] 75.00
4. To any [alien or to any citizen of the United States] person who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30.
5. Except as otherwise provided in subsection 4, to any [alien or to any citizen of the United States,] person, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30 .......... [$35] $45
For a 10-day permit to fish ...................................................... [20] 30
For a 3-day permit to fish ........................................................ [12] 17
For a hunting license ................................................................. [90] 100
For an annual trappers license ...................................................... 150
For a fur dealers license .................................................................. 100
For an annual master guides license .................................. [250] 500
For an annual subguides license ......................................... [125] 150
For a 10-day permit to hunt upland game and waterfowl [40] 50
κ1991 Statutes of Nevada, Page 1575 (CHAPTER 507, SB 506)κ
6. To any person, without regard to residence, upon the payment of:
For a noncommercial wildlife culturing facility .............................. $5
For a commercial or private shooting preserve ............................... 100
For a commercial wildlife culturing facility ..................................... 100
For a live bait dealers permit ............................................................. 35
For a competitive field trials permit .................................................. 25
For a permit to train dogs or falcons ................................................. 5
For a falconry license ........................................................................... 30
For an importation permit ................................................................... 5
For an import eligibility permit ........................................................... 25
For an exportation permit ................................................................... 5
For a permit to maintain a collection of live wild animals ............ 10
For any other special permit issued by the department, a fee not to exceed $100 set by the commission.
Sec. 10. NRS 502.250 is hereby amended to read as follows:
502.250 1. Except as otherwise provided in subsection 5, the following fees must be charged for tags:
Resident deer tag for regular season ............................................. $15
Nonresident and alien deer tag for regular season ...................... 60
Resident antelope tag ............................................................... [30] 50
Resident elk tag ......................................................................... [75] 100
Resident bighorn tag ................................................................. [75] 100
Resident mountain goat tag .................................................... [75] 100
Resident mountain lion tag ..................................................... [15] 50
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident [and alien] big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species pursuant to NRS 502.130, must not exceed $100.
4. A fee not to exceed [$5] $10 may be charged for processing an application for a tag other than an elk tag. A fee of [$10] not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.
5. The commission may accept sealed bids for or auction two bighorn sheep tags, one antelope tag, one elk tag and two deer tags each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 11. NRS 502.360 is hereby amended to read as follows:
502.360 It is unlawful to [issue or receive] obtain a hunting license in violation of NRS 502.330.
Sec. 12. NRS 503.454 is hereby amended to read as follows:
503.454 1. Every person who takes fur-bearing mammals by any legal method or unprotected mammals by trapping or sells raw furs for profit shall procure a trapping license.
κ1991 Statutes of Nevada, Page 1576 (CHAPTER 507, SB 506)κ
2. It is unlawful to remove or disturb the trap of any holder of a trapping license while the trap is being legally used by him on public land or on land where he has permission to trap.
Sec. 13. NRS 504.390 is hereby amended to read as follows:
504.390 1. As used in this section, unless the context requires otherwise, guide means to assist another person in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.
2. Every person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the department. Such a license [may] must not be issued to any person who has not reached 21 years of age.
3. Each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity shall obtain a subguide license from the department. Such a license [may] must not be issued to any person who has not reached 18 years of age.
4. Fees for master guide and subguide licenses must be as provided in NRS 502.240.
5. Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the department. The application must contain such information as the commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a fee of [$100,] $500, which is not refundable.
6. Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the department.
7. If the holder of a master guide license operates with pack or riding animals, he shall also have a grazing or special use permit if he operates in any area where such a permit is required.
8. The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons. Such information must be furnished to the department on request.
9. If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this Title [, the department may immediately] or chapter 488 of NRS, the commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period [of 2 years after the date of conviction.] not to exceed 5 years.
10. The commission may adopt regulations covering the conduct and operation of a guide service.
11. The department may issue master guide and subguide licenses to be valid only in certain districts in such manner as may be determined by the regulations of the commission.
Sec. 14. NRS 505.010 is hereby amended to read as follows:
505.010 1. It is unlawful for any person to engage in, carry on or conduct wholly or in part the business of buying, selling, trading or dealing, within this state, in the raw skins or pelts of any wild mammal without first obtaining a fur dealers license pursuant to NRS 502.240.
κ1991 Statutes of Nevada, Page 1577 (CHAPTER 507, SB 506)κ
within this state, in the raw skins or pelts of any wild mammal without first obtaining a fur dealers license pursuant to NRS 502.240.
2. If the dealer resides in, or if his principal place of business is within this state, he is a resident fur dealer.
3. All other fur dealers are nonresident fur dealers.
4. The [department may require any person to submit such records and reports as are reasonably necessary to carry out the provisions of this section.] commission may adopt regulations concerning the licensing, operating and recordkeeping of fur dealers.
Sec. 15. NRS 242.131 is hereby amended to read as follows:
242.131 1. The department shall provide state agencies and elected state officers with all of their required design of systems, programming and use of equipment for data processing, and all agencies and officers must use those services and equipment, except as provided in subsection 2.
2. The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:
(a) Court administrator;
(b) Department of motor vehicles and public safety;
(c) Department of transportation;
(d) Employment security department;
(e) Legislative counsel bureau;
(f) State industrial insurance system;
(g) State controller;
(h) State gaming control board and Nevada gaming commission; [and]
(i) Department of wildlife; and
(j) University of Nevada System.
3. Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:
(a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.
(b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.
4. If the demand for services or use of equipment exceeds the capability of the department to provide them, the department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 16. NRS 502.170 is hereby repealed.
κ1991 Statutes of Nevada, Page 1578 (CHAPTER 507, SB 506)κ
Sec. 17. 1. The department of wildlife shall solicit bids in accordance with state law for the development of a computer program for the issuance of tags for special seasons.
2. The request for proposals must indicate, and any contract awarded must provide, that the following conditions apply to the contract for the development of a computer program pursuant to this section:
(a) The contract must result in the establishment of a complete system, that can be readily changed, of applications and drawings for, and the issuance of, tags.
(b) The contract must allow access to and the use of existing data and files of the department, to the extent necessary to carry out the contract.
(c) The department must acquire ownership of the computer program at the end of the term of the contract.
3. The department must award the contract for the development of the computer program to a private entity unless no qualified bids are received. If no qualified bids are received, the program may be developed by a public agency.
4. Before submitting a contract proposed pursuant to this section to the state board of examiners for approval, the director of the department of wildlife shall submit the qualified bid or bids received by the department to the interim finance committee for its advisory review.
5. The program developed pursuant to this section must be used for all drawings of tags on or after January 1, 1993, for special seasons.
6. As used in this section, special season has the meaning ascribed to it in NRS 501.085.
Sec. 18. 1. This section and sections 2, 3, 15 and 17 of this act become effective on July 1, 1991.
2. Section 1, 4, 5, 6, 8, 11 and 16 of this act become effective on October 1, 1991.
3. Sections 12 and 14 of this act become effective at 12:01 a.m. on October 1, 1991.
4. Sections 7, 9, 10 and 13 of this act become effective on March 1, 1992.
________
κ1991 Statutes of Nevada, Page 1579κ
Senate Bill No. 472Senators OConnell, Rawson, Rhoads, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, ODonnell, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
CHAPTER 508
AN ACT relating to taxation; providing a taxpayers bill of rights; authorizing the waiver under certain circumstances of taxes, penalties and interest owed to the state; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Section 3 of this act may be cited as the Taxpayers Bill of Rights.
Sec. 3. The legislature hereby declares that each taxpayer has the right:
1. To be treated by officers and employees of the department with courtesy, fairness, uniformity, consistency and common sense.
2. To a prompt response from the department to each communication from the taxpayer.
3. To provide the minimum documentation and other information as may reasonably be required by the department to carry out its duties.
4. To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
5. To be informed by the department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
6. To written instructions indicating how the taxpayer may petition for:
(a) An adjustment of an assessment; or
(b) A refund or credit for overpayment of taxes, interest or penalties.
7. To recover an overpayment of taxes promptly upon the final determination of such an overpayment.
8. To obtain specific advice from the department concerning taxes imposed by the state.
9. In any meeting with the department, including an audit, conference, interview or hearing:
(a) To an explanation by an officer or employee of the department that describes the procedures to be followed and the taxpayers rights thereunder;
(b) To be represented by himself or anyone who is otherwise authorized by law to represent him before the department;
(c) To make an audio recording using the taxpayers own equipment and at the taxpayers own expense; and
(d) To receive a copy of any document or audio recording made by or in the possession of the department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the department of making the copy.
κ1991 Statutes of Nevada, Page 1580 (CHAPTER 508, SB 472)κ
10. To a full explanation of the departments authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer.
11. To the immediate release of any lien which the department has placed on real or personal property for the nonpayment of any tax when:
(a) The tax is paid;
(b) The period of limitation for collecting the tax expires;
(c) The lien is the result of an error by the department;
(d) The department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(e) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(f) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(g) The department determines that the lien is creating an economic hardship.
12. To the release of a sales tax bond in accordance with applicable statutes and regulations.
13. To be free from investigation and surveillance by an officer, agent or employee of the department for any purpose that is not directly related to the administration of the provisions of this Title.
14. To be free from harassment and intimidation by an officer, agent or employee of the department for any reason.
Sec. 4. The department:
1. Shall adopt regulations to carry out the provisions of the Taxpayers Bill of Rights.
2. May adopt regulations providing:
(a) For the payment of any tax in installments over a period not to exceed 12 months upon the execution of a written agreement by the taxpayer and the department; and
(b) That the executive director may:
(1) Upon good cause shown, allow a taxpayer to pay in installments over a period longer than 12 months; and
(2) Cancel the installment method of payment for a taxpayer who becomes delinquent in his payments.
Sec. 5. The executive director shall cause:
1. To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers Bill of Rights and a description of the regulations adopted by the department pursuant to section 4 of this act.
2. A copy of the pamphlet to be distributed to each taxpayer on record with the department and to any other person upon request.
Sec. 6. The department shall provide each taxpayer who it determines may be liable for taxes on a business for the first time with:
1. Simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:
(a) Keeping of records sufficient for audit purposes;
(b) Procedures for depositing or paying taxes;
κ1991 Statutes of Nevada, Page 1581 (CHAPTER 508, SB 472)κ
(c) Procedures for challenging any liability for taxes, penalties or interest and for requesting refunds, adjustments or credits of erroneously assessed taxes, including the steps for appealing a denial thereof;
(d) Procedures for recovering interest on overpayments of taxes; and
(e) Procedures for obtaining the release of bonds, liens, levies or other forms of security for the payment of taxes.
2. Information concerning the most common errors made by taxpayers in similar businesses with regard to the collection, reporting and payment of taxes.
Sec. 7. The department shall provide a taxpayer with a written response to any written request submitted by the taxpayer within 30 days after it receives the request.
Sec. 8. A taxpayer is entitled to receive on any overpayment of taxes a refund together with interest at a rate determined pursuant to NRS 17.130. No interest in allowed on a refund of any penalties or interest paid by a taxpayer.
Sec. 9. Upon proof that a taxpayer has relied to his detriment on written advice provided to him by an employee of the department:
1. The executive director or his designee may waive taxes, penalties and interest owed by the taxpayer in an amount not to exceed $5,000; and
2. The Nevada tax commission may waive any such taxes, penalties and interest in an amount greater than $5,000.
Sec. 10. The department shall not evaluate an employee of the department on the basis of assessments or collections from taxpayers.
Sec. 11. The department shall:
1. Prepare a report for each biennium which details:
(a) The problem areas of compliance and collection;
(b) Methods for improving taxpayer compliance and tax collections; and
(c) Complaints received from taxpayers, including a description of the type and number of complaints received.
2. Submit a copy of the report to the legislature on or before January 31 of each odd-numbered year.
Sec. 12. The executive director of the department of taxation shall, as soon as practicable, but no later than December 31, 1991, cause the preparation and distribution of pamphlets in accordance with the provisions of section 5 of this act.
Sec. 13. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1582κ
Senate Bill No. 369Committee on Government Affairs
CHAPTER 509
AN ACT relating to financial administration; authorizing a temporary advance from the state general fund to certain budget accounts of the health division of the department of human resources; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the administrator of the health division of the department of human resources determines that current claims exceed the amount of money available because revenue from billed services has not been collected or because of a delay in the receipt of money from federal grants, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.
2. The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.
3. An advance from the state general fund:
(a) May be approved by the director of the department of administration for the following budget accounts of the health division of the department of human resources:
(1) Consumer health protection;
(2) Bureau of laboratory and research;
(3) Community health services;
(4) Women, infants and children;
(5) Bureau of health facilities; and
(6) Radiological health.
(b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.
4. Any money which is temporarily advanced from the state general fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.
Sec. 2. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1583κ
Senate Bill No. 344Committee on Finance
CHAPTER 510
AN ACT making an appropriation to the department of prisons for the payment of expenses related to the improvement and acquisition of facilities and equipment and for the relocation of certain personnel; and providing other matters properly relating thereto.
[Approved July 1, 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 department of prisons the sum of $2,136,384 for the payment of expenses related to the improvement and acquisition of facilities and equipment and for relocation of certain personnel as follows:
1. Northern Nevada correctional center:
(a) Supplies for expansion ........................................................... $18,672
(b) Regional medical center equipment and supplies ............. $359,924
2. Lovelock correctional center:
(a) Supplies ..................................................................................... $156,754
(b) Equipment and furnishings .................................................... $1,129,793
(c) Medical equipment and supplies .......................................... $240,875
3. Replacement of beds and mattresses ................................. $96,616
4. New and replacement of footlockers .................................. $35,252
5. Equipment, furnishings and supplies for expansion of Pioche conservation camp ............................................................................... $59,079
6. Equipment, furnishings and supplies for expansion of Indian Springs conservation camp ............................................................................... $39,419
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 upon passage and approval.
________
Senate Bill No. 623Committee on Transportation
CHAPTER 511
AN ACT relating to franchises for the sale of motor vehicles; expanding the prohibited practices of manufacturers, distributors and factory branches in connection with motor vehicle dealers; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.36385 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 1584 (CHAPTER 511, SB 623)κ
482.36385 It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
1. Compete with a dealer in the relevant market area. A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period of time, or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.
2. Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.
3. Fail to compensate fairly a dealer for the work and services which he is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate fairly a dealer for labor, parts and other expenses incurred by him under the manufacturers warranty agreements. Fair compensation includes diagnosis and reasonable administrative and clerical costs. [In determining fair compensation for work] The dealers compensation for parts and labor to satisfy a warranty [, the dealers effective labor rate] must not be less than the amount of money charged to its various retail customers [shall be considered together with other relevant criteria.] for parts and labor that are not covered by a warranty. This subsection does not apply to compensation for any part, system, fixture, appliance, furnishing, accessory or feature of a motor home or recreational vehicle that is designed, used and maintained primarily for nonvehicular, residential purposes.
4. Fail to pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt, or disapprove any claim without notice to the dealer in writing of the grounds for disapproval. Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is due to reasons beyond the control of the manufacturer, distributor or factory branch.
5. Sell a new motor vehicle to a person who is not licensed as a new motor vehicle dealer under the provisions of this chapter.
6. Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturers or distributors business.
7. Perform an audit to confirm a warranty repair, sales incentive or rebate more than 12 months after the date of the transaction.
________
κ1991 Statutes of Nevada, Page 1585κ
Senate Bill No. 342Committee on Finance
CHAPTER 512
AN ACT making a supplemental appropriation to the youth services division of the department of human resources for additional expenses relating to salary adjustments for certain personnel; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the youth services division of the department of human resources the sum of $125,673 for the additional expenses relating to:
(a) The reclassification of certain youth parole employees for the purposes of retirement benefits the sum of $1,828;
(b) The adjustment of salaries for cottage couples at the Southern Nevada Childrens Home the sum of $123,761; and
(c) The adjustment of salaries for employees at the Youth Training Center the sum of $84.
2. The sum appropriated by subsection 1 is supplemental to that made by section 31 of chapter 747, Statutes of Nevada 1987, at page 1842.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 339Committee on Finance
CHAPTER 513
AN ACT making a supplemental appropriation to the youth services division of the department of human resources for certain expenses; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the youth services division of the department of human resources the sum of $116,123 for:
(a) Additional expenses related to the moving costs and increased rental expense of the offices of the youth parole bureau in Las Vegas the sum of $5,976;
(b) The offset of an anticipated shortfall of revenue from the Federal Government under Title IV for the alternative placement program the sum of $68,850; and
(c) The emergency repair of water pipes at the northern Nevada childrens home the sum of $41,297.
κ1991 Statutes of Nevada, Page 1586 (CHAPTER 513, SB 339)κ
2. The sum appropriated by subsection 1 is supplemental to that made by section 1 of chapter 611, Statutes of Nevada 1989, at page 1351.
Sec. 2. Any remaining balance of the appropriation made by paragraph (c) of subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 1992, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 153Committee on Finance
CHAPTER 514
AN ACT relating to the department of prisons; creating the fund for construction of new facilities for prison industries; requiring part of deduction made from wages earned by an offender to offset cost of maintaining the offender in the institution be deposited in the fund; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. Five percent of any wages of offenders deducted pursuant to paragraph (a) of subsection 1 of NRS 209.463 must be deposited in this fund. The money in the fund must only be expended to house new industries in the industrial program which will provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program.
2. Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
κ1991 Statutes of Nevada, Page 1587 (CHAPTER 514, SB 153)κ
each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Except as otherwise provided in NRS 209.383, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) [Provide] Except as otherwise provided in section 1 of this act, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Produce a profit for the department;
(d) Have an insignificant effect on the number of jobs available to the residents of this state; and
(e) Provide occupational training for offenders.
3. The director may, with the approval of the board:
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 3. NRS 209.463 is hereby amended to read as follows:
209.463 1. The director may deduct from the wages earned by an offender from any source during his incarceration:
[1.] (a) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department; and
[2.] (b) Such amounts as the director considers reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.
2. The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.
κ1991 Statutes of Nevada, Page 1588 (CHAPTER 514, SB 153)κ
Sec. 4. This act becomes effective on July 1, 1991.
________
Senate Bill No. 152Committee on Finance
CHAPTER 515
AN ACT making an appropriation to the legislative fund for additional equipment and software for data processing for the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $318,000 for additional equipment and software for data processing for the legislative counsel bureau.
2. Any remaining balance of the appropriation made by subsection 1 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. 2. Section 2 of chapter 120, Statutes of Nevada 1989, at page 277, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1991,] 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 1991.
________
Assembly Bill No. 89Committee on Transportation
CHAPTER 516
AN ACT relating to traffic laws; allowing the revocation of the license, permit or privilege to drive of a person found to have a detectable amount of certain controlled substances in his system; and providing other matters properly relating thereto.
[Approved July 1, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.385 is hereby amended to read as follows:
484.385 1. As agent for the department, the officer who directed that a test be given [under] pursuant to NRS 484.382 or 484.383 or who obtained the result of such a test shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who fails to submit to the test , [or] 0.10 percent or more by weight of alcohol in his blood [,] or has a detectable amount of a controlled substance in his system, if that person is present, and shall seize his license or permit to drive.
κ1991 Statutes of Nevada, Page 1589 (CHAPTER 516, AB 89)κ
the result of such a test shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who fails to submit to the test , [or] 0.10 percent or more by weight of alcohol in his blood [,] or has a detectable amount of a controlled substance in his system, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the persons license or permit to the department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a drivers license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had 0.10 percent or more by weight of alcohol in his blood [,] or had a detectable amount of a controlled substance in his system, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, if any, a written certificate that he had:
(a) An articulable suspicion that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to a required preliminary test;
(b) Reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and the person refused to submit to a required evidentiary test; or
(c) Reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with 0.10 percent or more by weight of alcohol in his blood [,] or with a detectable amount of a controlled substance in his system, as determined by a chemical test.
The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the persons license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the persons last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice.
κ1991 Statutes of Nevada, Page 1590 (CHAPTER 516, AB 89)κ
time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
5. As used in this section, controlled substance means any of the following substances for which a valid prescription has not been issued to the consumer:
(a) Amphetamine;
(b) Benzoylecgonine;
(c) Cocaine;
(d) Heroin;
(e) Lysergic acid diethylamide;
(f) Mecloqualone;
(g) Mescaline;
(h) Methamphetamine;
(i) Methaqualone;
(j) Monoacetylmorphine;
(k) Phencyclidine;
(l) N-ethylamphetamine;
(m) N, N-dimethylamphetamine;
(n) 2, 5-dimethoxyamphetamine;
(o) 3, 4-methylenedioxyamphetamine;
(p) 3, 4, 5-trimethoxyamphetamine;
(q) 4-bromo-2, 5-dimethoxyamphetamine;
(r) 4-methoxyamphetamine;
(s) 4-methyl-2, 5-dimethoxyamphetamine;
(t) 5-dimethoxy-alpha-methylphenethylamine; or
(u) 5-methoxy-3, 4-methylenedioxyamphetamine,
if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.
Sec. 2. NRS 484.387 is hereby amended to read as follows:
484.387 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a re-examination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.
2. The scope of the hearing must be limited to the [issue] issues of whether the person failed to submit to a test or , at the time of the test, had 0.10 percent or more by weight of alcohol in his blood [at the time of the test.] or a detectable amount of a controlled substance in his system. Upon an affirmative finding on [this issue,] any of these issues, the department shall affirm the order of revocation. [If a negative finding is made on the issue,] Otherwise, the order of revocation must be rescinded.
κ1991 Statutes of Nevada, Page 1591 (CHAPTER 516, AB 89)κ
3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same [issue] issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
________
Assembly Bill No. 190Committee on Government Affairs
CHAPTER 517
AN ACT relating to public officers; making various changes to ethical standards for public officers; authorizing the commission on ethics to investigate certain matters and issue subpenas; increasing the filing fees for elected office; providing for financial disclosure by candidates for judicial office; providing penalties; and providing other matters properly relating thereto.
[Approved July 2, 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 the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Candidate means any person who seeks nomination or election to any public office, including the office of justice of the supreme court, district judge, justice of the peace and municipal judge.
Sec. 3. Compensation means any money, thing of value or economic benefit conferred on or received by any person in return for services rendered, personally or by another.
Sec. 4. 1. The chairman and vice chairman of the commission may administer oaths.
2. The commission, upon majority vote, may issue a subpena to compel the attendance of a witness and the production of books and papers. Before issuing such a subpena, the commission shall submit a written request to the public officer or public employee who is the subject of an inquiry or opinion of the commission, requesting:
(a) His appearance as a witness;
(b) The appearance as a witness of any other person who may have information relating to the inquiry or opinion; or
(c) The production of any books and papers.
Each such request must specify the time and place for the attendance of any witness or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or other witness fails or refuses to attend or produce the books and papers requested by the commission, the commission may issue the subpena.
κ1991 Statutes of Nevada, Page 1592 (CHAPTER 517, AB 190)κ
witness fails or refuses to attend or produce the books and papers requested by the commission, the commission may issue the subpena.
3. If any witness refuses to attend, testify or produce any books and papers as required by the subpena, the chairman of the commission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed by the commission pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the commission.
4. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the commission. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 4.5. 1. A public officer or public employee shall not accept or receive an honorarium.
2. An honorarium paid on behalf of a public officer or public employee to a charitable organization from which the officer or employee does not derive any financial benefit is deemed not to be accepted or received by the officer or employee for the purposes of this section.
3. This section does not prohibit:
(a) The receipt of payment for work performed outside the normal course of a persons public office or employment if the performance of that work is consistent with the applicable policies of his public employer regarding supplemental employment.
(b) The receipt of an honorarium by the spouse of a public officer or public employee if it is related to the spouses profession or occupation.
4. As used in this section, honorarium means the payment of money or anything of value for an appearance or speech by the public officer or public employee in his capacity as a public officer or public employee. The term does not include the payment of:
(a) The actual and necessary costs incurred by the public officer or public employee, his spouse or his aid for transportation and for lodging and meals while the public officer or public employee is away from his residence.
(b) Compensation which would otherwise have been earned by the public officer or public employee in the normal course of his public office or employment.
κ1991 Statutes of Nevada, Page 1593 (CHAPTER 517, AB 190)κ
(c) A fee for a speech related to the officers or employees profession or occupation outside of his public office or employment if:
(1) Other members of the profession or occupation are ordinarily compensated for such a speech; and
(2) The fee paid to the public officer or public employee is approximately the same as the fee that would be paid to a member of the private sector whose qualifications are similar to those of the officer or employee for a comparable speech.
(d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officers.
5. A public officer or public employee who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, forfeits the amount of the honorarium.
Sec. 5. 1. In addition to any other penalty provided by law, a governmental grant, contract or lease entered into in violation of this chapter is voidable by the state, county, city or town. In a determination under this section of whether to void a grant, contract or lease, the interests of innocent third parties who could be damaged must be taken into account. The attorney general, district attorney or city attorney must give notice of his intent to void a grant, contract or lease under this section no later than 30 days after the commission has determined that there has been a related violation of this chapter.
2. In addition to any other penalty provided by law, a contract prohibited by NRS 281.230 which is knowingly entered into by a person designated in subsection 1 of NRS 281.230 is void.
3. Any action taken by the state in violation of this chapter is voidable, except that the interests of innocent third parties in the nature of the violation must be taken into account. The attorney general may also pursue any other available legal or equitable remedies.
4. In addition to any other penalty provided by law, the attorney general may recover any fee, compensation, gift or benefit received by a person as a result of a violation of this chapter by a public officer. An action to recover pursuant to this section must be brought within 2 years after the discovery of the violation.
Sec. 6. NRS 281.230 is hereby amended to read as follows:
281.230 1. Except as otherwise provided in NRS 218.605, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. [Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, is void.
κ1991 Statutes of Nevada, Page 1594 (CHAPTER 517, AB 190)κ
3.] Every person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where the commission, personal profit or compensation is $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.
[4.] 3. Every person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4365, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 8.5. NRS 281.455 is hereby amended to read as follows:
281.455 1. The commission on ethics, consisting of six members, is hereby created.
2. The legislative commission shall appoint to the commission:
(a) One former legislator;
(b) One former public officer of a county; and
(c) One former public officer of a city.
3. The governor shall appoint to the commission three residents of the state, one of whom must be, if available and willing to serve, a retired justice or judge of this state who was not removed or retired from that office for cause.
4. Not more than three members of the commission may be members of the same political party. Not more than three members may be residents of the same county.
5. None of the members of the commission may [hold] :
(a) Hold another public office ;
(b) Be actively involved in the work of any political party or political campaign; or
(c) Appear in person and communicate directly with a member of the legislative branch on behalf of someone other than himself, for compensation, to influence legislative action,
while he is serving on the commission.
[5.] 6. After the initial terms, the members shall serve terms of 4 years. Any vacancy in the membership must be filled by the appropriate appointing authority for the unexpired term. Each member may serve no more than two consecutive full terms.
Sec. 9. NRS 281.461 is hereby amended to read as follows:
281.461 1. The commission shall:
(a) At its first meeting and annually thereafter elect a chairman and vice chairman from among its members.
κ1991 Statutes of Nevada, Page 1595 (CHAPTER 517, AB 190)κ
(b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511, and at other times upon the call of the chairman.
2. Members of the commission are entitled to receive a salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission.
3. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. [The secretary of state shall designate a member of his staff to assist the commission in performing the clerical functions related to the review of statements of financial disclosure pursuant to NRS 281.561, including the keeping of all necessary records related thereto.
5. The commission may, within the limits of legislative appropriation:
(a) Employ such persons as are necessary to carry out any of its duties relating to the administration of its affairs, other than those relating to the review of statements of financial disclosure; and
(b) Maintain such facilities as are required to carry out its functions.] The commission shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of its duties relating to:
(a) The administration of its affairs;
(b) The review of statements of financial disclosure; and
(c) The investigation of matters under its jurisdiction.
5. The commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.
Sec. 10. NRS 281.471 is hereby amended to read as follows:
281.471 The commission shall:
1. Adopt procedural regulations to facilitate the receipt of inquiries and prompt rendition of its opinions.
2. Prescribe, by regulation, forms and procedures for the submission of statements of financial disclosure, maintain files of the statements and make the statements available for public inspection.
3. Make such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.
4. Inform the attorney general or district attorney of all cases of noncompliance with the requirements for disclosure.
[4.] 5. Recommend to the legislature such further legislation as the commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
Sec. 11. NRS 281.481 is hereby amended to read as follows:
281.481 A code of ethical standards is hereby established [as a guide for] to govern the conduct of public officers and employees:
1. [No] A public officer or employee [may] shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.
κ1991 Statutes of Nevada, Page 1596 (CHAPTER 517, AB 190)κ
2. [No] A public officer or employee [may] shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a significant pecuniary interest, or any other person.
3. [No public officer or employee may approve, disapprove, vote, abstain from voting, or otherwise act upon any matter in which he has a significant pecuniary interest without disclosing the full nature and extent of his interest. Such a disclosure must be made before the time when he is to perform his duty or concurrently with that performance. If the officer or employee is a member of a body which makes decisions, he shall make disclosure to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make disclosure to the supervisory head of his organization or if he holds an elective office, to the general public in the area from which he is elected.
4. No] A public officer or employee [may] shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest. Unless specifically prohibited by law, a public officer or employee, as such, is not precluded from making a bid on a government contract if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
[5. No]
4. A public officer or employee [may] shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.
[6.] 5. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he [may] shall not use the information to further the pecuniary interests of himself or any other person or business entity.
[7. No]
6. A public officer or employee [may] shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.
7. A public officer or employee, other than a member of the legislature, shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest.
8. A member of the legislature shall not:
(a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person.
This paragraph does not prohibit:
(1) A limited use of state property and resources for personal purposes if:
(I) The use does not interfere with the performance of his public duties;
(II) The cost or value related to the use is nominal; and
κ1991 Statutes of Nevada, Page 1597 (CHAPTER 517, AB 190)κ
(III) The use does not create the appearance of impropriety.
(2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
(3) The use of telephones or other means of communication if there is not a special charge for that use.
(b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations where the employees service is reasonably necessary to permit the legislator or legislative employee to perform his official duties; or
(2) Where such service has otherwise been established as legislative policy.
9. A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.
10. A public officer or employee shall not seek other employment or contracts through the use of his official position.
Sec. 12. NRS 281.491 is hereby amended to read as follows:
281.491 In addition to the [general] requirements of the code of ethical standards:
1. [No] A member of the executive branch or public employee of the executive branch [may] shall not accept compensation from any private person to represent or counsel him on any issue pending before the agency in which that officer or employee serves, if the agency makes decisions. [No] Any such officer or employee who leaves the service of the agency [may] shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency during his service. As used in this subsection, issue includes a case, proceeding, application, contract or determination, but does not include the proposal or consideration of legislative measures or administrative regulations.
2. A member of the legislative branch, or a member of the executive branch or public employee who public service requires less than half of his time, may represent or counsel a private person before an agency in which he does not serve. Any other member of the executive branch or public employee shall not represent a client for compensation before any state agency of the executive or legislative branch of government.
3. Not later than January 10 of each year, any legislator or other public officer who has, within the preceding year, represented or counseled a private person for compensation before a state agency of the executive branch shall disclose for each such representation or counseling during the previous calendar year:
(a) The name of the client;
(b) The nature of the representation; and
(c) The name of the state agency.
The disclosure must be made in writing and filed with the commission.
Sec. 13. NRS 281.501 is hereby amended to read as follows:
281.501 1. Except as otherwise provided in subsection 2 or 3, a member of the legislative branch may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group, is not greater than that accruing to any other member of the general business, profession, occupation or group.
κ1991 Statutes of Nevada, Page 1598 (CHAPTER 517, AB 190)κ
accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group, is not greater than that accruing to any other member of the general business, profession, occupation or group.
2. In addition the [general] requirements of the code of ethical standards, a member of the legislative branch [should] shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to the interests of others.
It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest where the resulting benefit or detriment accruing to him is not greater than that accruing to any other member of the general business, profession, occupation or group.
[2. A member of the legislative branch may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a business profession, occupation or group, is not greater than that accruing to any other member of the business, profession, occupation or group.]
3. A public officer or employee shall not approve, disapprove, vote, abstain from voting, or otherwise act upon any matter:
(a) Regarding which he has accepted a gift or loan;
(b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or
(c) In which he has a pecuniary interest,
without disclosing the full nature and extent of the gift, loan, commitment or interest. Such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected.
4. If a member of the legislative branch declares to the legislative body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule of a board of county commissioners or governing body of a city, is reduced as though the member abstaining were not a member of the body or committee.
5. If a member of the legislative branch is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.
Sec. 14. NRS 281.511 is hereby amended to read as follows:
281.511 1. The commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances , upon request , from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee.
κ1991 Statutes of Nevada, Page 1599 (CHAPTER 517, AB 190)κ
circumstances , upon request , from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee. He may also request the commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the commission is:
(a) Binding upon the requester as to his future conduct; and
(b) Final and subject to judicial review pursuant to NRS 233B.130, except that any proceeding regarding this review must be held in closed court without admittance of any person other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.
2. The commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:
(a) Upon request from a specialized or local ethics committee; [or]
(b) Upon request from any person, if the requester submits all related evidence deemed necessary by the commission for it to make a preliminary determination of whether it desires to take jurisdiction over the matter; or
(c) Upon the commissions own motion regarding the propriety of conduct by a public officer or employee, if the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee,
on the condition that any public officer or employee about whom an opinion is requested or authorized must be notified immediately by certified mail that an opinion has been requested or authorized and that he has a right to appear before the commission and present evidence and argument. The commission shall not issue an opinion nor determine that just and sufficient cause exists to render an opinion without extending him an opportunity to appear before the commission and present evidence and argument.
3. The commission shall render the opinion requested pursuant to this section as expeditiously as possible in light of the circumstances of the public officer or employee about whom the opinion is requested, so as to minimize any adverse consequences to him that may result from any delay in issuing the opinion.
4. Each opinion rendered by the commission and any motion relating to the opinion is confidential unless:
(a) The public officer or employee acts in contravention of the opinion, in which case the commission may disclose the contents of the opinion and any motion related thereto;
(b) It is an opinion requested pursuant to subsection 1 and the requester discloses the content of the opinion;
(c) It is an opinion requested or issued pursuant to paragraph (b) or (c) of subsection 2 and the person about whom the opinion was requested discloses the content of the opinion, the request or any motion or action related thereto; [or]
(d) It is an opinion requested pursuant to subsection 2, the commission determines that there is insufficient basis to render an opinion and the person about whom the opinion was requested has asked the commission to make public the reasons for not rendering the opinion [.] ;
κ1991 Statutes of Nevada, Page 1600 (CHAPTER 517, AB 190)κ
(e) It is a motion or preliminary determination relating to an opinion requested pursuant to paragraph (b) of subsection 2 that the commission determines should be made public; or
(f) It is an opinion relating to the propriety of past conduct that the commission determines should be made public.
5. If an opinion is requested [pursuant to paragraph (b) of subsection 2] and a motion that there is just and sufficient cause to render an opinion has been adopted by the commission, the commission shall:
(a) Notify the person about whom the opinion was requested of the place and time of the commissions hearing on the matter;
(b) Allow him to be represented by counsel; and
(c) Allow him to hear the evidence presented to the commission and to respond and present evidence on his own behalf.
The commissions hearing may be held no sooner than 2 weeks after the notice is given.
6. If any person requesting an opinion pursuant to subsection 1 or 2 does not:
(a) Submit all necessary information to the commission; and
(b) Declare by oath or affirmation that he will testify truthfully,
the commission may decline to render an opinion.
7. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
8. [The] Except as otherwise provided in this subsection, the commission shall publish hypothetical opinions which are abstracted from the opinions rendered under subsection 1 or 2, for the future guidance of all persons concerned with ethical standards in government. The commission need not publish a hypothetical opinion regarding issues covered by an opinion which was made public in accordance with subsection 4.
9. A meeting held by the commission to receive information concerning the propriety of the conduct of any public officer or employee is not subject to any provision of chapter 241 of NRS.
Sec. 15. NRS 281.551 is hereby amended to read as follows:
281.551 1. In addition to any other penalty provided by law, the commission may impose on a public officer or former public officer civil penalties not to exceed $5,000 for a willful violation of this chapter.
2. In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on any person who knowingly or maliciously submits to the commission any false accusation or false information, or submits to the commission any false accusation or false information in bad faith.
3. If the commission finds that a violation of a provision of this chapter by a public officer or former public officer has resulted in the realization by another person of a financial benefit, the commission may, in addition to any other penalty, require the current or former public officer to pay a civil penalty of not more than twice the amount so realized.
4. If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding.
κ1991 Statutes of Nevada, Page 1601 (CHAPTER 517, AB 190)κ
a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.
5. Any action taken by a public officer relating to NRS 281.481, 281.491 or 281.501 shall be deemed not to be a willful violation of any provision of those sections if the public officer:
(a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents;
(b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and
(c) The action taken was not contrary to any prior opinion issued by the commission to the public officer.
6. A public employee who willfully violates any provision of NRS 281.481, 281.491 or 281.501 is subject to disciplinary proceedings by his employer and must be referred for such action in accordance to the applicable provisions governing his employment.
7. NRS 281.481 to 281.541, inclusive, [are intended to be directory and preventive rather than punitive. These sections] do not abrogate or decrease the effect of any of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.
8. The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review.
Sec. 16. NRS 281.561 is hereby amended to read as follows:
281.561 Every candidate for public or judicial office and every public or judicial officer shall file with the [secretary of state, for review by the] commission, and with the officer with whom declarations of candidacy for his respective office are filed, a statement of financial disclosure, as follows:
1. A candidate for nomination, election or reelection shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.
2. A public or judicial officer appointed to fill the unexpired term of an elected public or judicial officer shall file a statement of financial disclosure within [6 months] 30 days after his appointment.
3. [A public officer who holds an elective office and is not running for election to a public office shall file a statement of financial disclosure during the sixth month before the expiration of his term.
4. A public officer who holds an appointive office shall file statements of financial disclosure:
(a) Within 6 months after his appointment; and
(b) During the sixth month before the expiration of his term, or if he serves at the pleasure of the appointing authority, during the sixth month before the expiration of the term of the appointing authority, or if the appointing authority has no fixed term, within such period as the commission prescribes.] Every public or judicial officer, whether appointed or elected, shall file a statement of financial disclosure each year of the term, including the year the term expires, on or before the anniversary of his appointment or election to that office.
κ1991 Statutes of Nevada, Page 1602 (CHAPTER 517, AB 190)κ
4. A public or judicial officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.
A statement filed pursuant to one of the subsections of this section may be used to satisfy the requirements of another subsection if the initial statement was filed within 3 months before the other statement is required to be filed. The public or judicial officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement.
Sec. 17. NRS 281.571 is hereby amended to read as follows:
281.571 1. Statements of financial disclosure must be made in such form as the commission prescribes and must contain the following information concerning the candidate or public or judicial officer:
[1.] (a) His length of residence in the State of Nevada and the district in which he is registered to vote.
[2.] (b) Each source of his income, or that of any member of his household . [, which constitutes 10 percent or more of the persons gross income for the preceding taxable year.] No listing of individual clients, customers or patients is required, but if that is the case, a general source such as professional services must be disclosed.
[3.] (c) A list of the [general location and normal use of] specific location and particular use of any real estate, other than a person residence:
[(a)] (1) In which he or a member of his household has a legal or beneficial interest;
[(b)] (2) Whose fair market value is $2,500 or more; and
[(c)] (3) Which is located in this state or any adjacent state.
[4.] (d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:
[(a)] (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed under [subsection 3; and
(b)] paragraph (c); and
(2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.
(e) A list of all gifts of $200 or more which the public or judicial officer or candidate received during the preceding taxable year, except:
(1) A gift received from a person who is related to the public or judicial officer or candidate within the third degree of consanguinity or affinity.
(2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative, judicial or political action of the public or judicial officer or candidate.
(f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of any class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.
3. The commission shall distribute or cause to be distributed any forms required for such a statement to each candidate and public or judicial officer who is required to file one.
κ1991 Statutes of Nevada, Page 1603 (CHAPTER 517, AB 190)κ
4. As used in this section:
(a) Business entity means any organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association.
(b) Household includes a person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the public or judicial officer.
Sec. 18. NRS 281.573 is hereby amended to read as follows:
281.573 1. Except as otherwise provided in subsection 2, statements of financial disclosure required by the provisions of NRS 281.561 and 281.571 must be retained by the commission, secretary of state , county clerk and city clerk for 6 years after the date of filing.
2. For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.
Sec. 19. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashiers check or certified check.
United States Senator ........................................................ [$250] $500
Representative in Congress ................................................. [150] 300
Governor ................................................................................ [150] 300
Justice of the supreme court ............................................... [150] 300
Any state office, other than governor or justice of the supreme court [100].......................................................................................... 200
District judge ............................................................................ [75] 150
Justice of the peace ................................................................ [50] 100
Any county office ................................................................... [40] 100
State senator ............................................................................ [30] 100
Assemblyman .......................................................................... [15] 100
Any district office other than district judge ........................ [15] 30
Constable or other town or township office ....................... [10] 30
For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.
2. No filing fee may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit one-half of the money to the credit of the general fund of the county [.] and transfer the remainder to the state treasurer for deposit in the state general fund.
Sec. 20. The commission on ethics shall, by January 1, 1993, prepare and distribute a pamphlet containing appropriate definitions, guidelines and examples of appropriate and inappropriate conduct to assist public officers and public employees in carrying out and complying with the provisions of NRS 281.411 to 281.581, inclusive.
Sec. 21. Section 19 of this act becomes effective at 12:01 a.m. on October 1, 1991.
κ1991 Statutes of Nevada, Page 1604 (CHAPTER 517, AB 190)κ
Sec. 22. Section 1 of chapter 239, Statutes of Nevada 1991, is hereby repealed.
________
Senate Bill No. 653Committee on Finance
CHAPTER 518
AN ACT relating to public education; making appropriations and authorizing expenditures to allow for the reduction of the ratio of pupils to teachers in certain grades and to provide scholarships for students pursuing degrees in teaching; eliminating the requirement that each school district develop a plan for specialized instruction in teaching methods for use in classes with reduced numbers of pupils; and providing other matters properly relating thereto.
[Approved July 2, 1991]
whereas, A successful educational system in Nevada will directly affect the future of this state; and
whereas, It is clear that the ratio of pupils to teachers in a classroom where core curriculum is taught, particularly in the earliest grades, is one of the most determinative factors in the quality of education received; and
whereas, The intended goal of this legislature is to achieve a pupil-teacher ratio of no more than 15 pupils per teacher or 30 pupils per 2 teachers in a classroom where core curriculum is taught; and
whereas, The legislature has specifically designed laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and
whereas, The legislature believes that achieving such a reduction throughout the state is our most critical priority and desires to share the fiscal responsibility for supporting the reduction by providing the funding for the necessary educational personnel, irrespective of the existing facilities, and relying on the local school districts to provide the necessary facilities as soon as possible; and
whereas, It is the intent of the legislature that school districts include, as a part of their requests to future legislatures, the continuation of funding for teachers employed as a result of this Act together with requests for any additional money which may be required to achieve fully the legislatures intended goal; and
whereas, With this Act, the legislature intends to continue the reduced pupil-teacher ratio for kindergarten classes where the need is greatest and for first grade classes throughout the state, to reduce the pupil-teacher ratio in the second grade classes and to follow that reduction with a reduction of the ratio in the third grade classes; and
whereas, Thereafter, the legislature intends the reduction of the pupil-teacher ratio per class in grades 4, 5 and 6 to no more than 22 pupils per class and thereafter the reduction of the pupil-teacher ratio per class in grades 7 to 12, inclusive, to no more than 25 per class; now, therefore, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
κ1991 Statutes of Nevada, Page 1605 (CHAPTER 518, SB 653)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.720 is hereby amended to read as follows:
388.720 Each school district together with the recognized associations representing licensed educational personnel shall develop [:
1. A] a plan to reduce the districts pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 within the limits of available financial support specifically set aside for this purpose and submit that plan to the state board . [; and
2. A plan for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils.]
Sec. 2. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction created pursuant to NRS 388.730 for distribution by the superintendent of public instruction to the county school districts for fiscal year 1991-92 the sum of $25,887,267 which must be used for complying with the required ratio of pupils to teachers, as set forth in NRS 388.700, in first and second grades and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1992, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
2. The superintendent of public instruction is hereby authorized to distribute for fiscal year 1991-92 from the trust fund for class-size reduction the sum of $4,500,000:
(a) Of which $130,680 must be transferred to the University of Nevada System to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and
(b) Of which $4,369,320 must be distributed to local school districts for use in complying with the required ratio of pupils to teachers in first and second grades and selected kindergartens, as set forth in NRS 388.700.
Any remaining balance of the sums authorized for expenditure by this subsection must not be committed for expenditure after June 30, 1992, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 3. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction created pursuant to NRS 388.730 for distribution by the superintendent of public instruction to the county school districts for fiscal year 1992-93 the sum of $28,642,453 which must be used for complying with the required radio of pupils to teachers, as set forth in NRS 388.700, in first, second and third grades and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1993, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
κ1991 Statutes of Nevada, Page 1606 (CHAPTER 518, SB 653)κ
2. The superintendent of public instruction is hereby authorized to distribute for fiscal year 1992-93 from the trust fund for class-size reduction the sum of $21,500,000:
(a) Of which $130,680 must be transferred to the University of Nevada System to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and
(b) Of which $21,369,320 must be distributed to local school districts for use in complying with the required ratio of pupils to teachers in first, second and third grades and selected kindergartens, as set forth in NRS 388.700.
Any remaining balance of the sums authorized for expenditure by this subsection must not be committed for expenditure after June 30, 1993, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 4. 1. The money authorized and appropriated for class-size reduction pursuant to sections 2 and 3 of this act:
(a) Must be used to comply, to the extent possible, with the required ratio of pupils to teachers set forth in NRS 388.700, applying money first to schools and classes with pupils considered most at risk of failure.
(b) Must be accounted for separately from any other money received by the school districts of this state and used only to pay salaries and benefits of teaching positions added to attain with the required ratio.
(c) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(d) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money appropriated or authorized for class-size reduction pursuant to sections 2 and 3 of this act may not be distributed to a school district whose plan for achieving the required ratio set forth in NRS 388.700 has not been received by the department of education.
Sec. 5. 1. This section and sections 1, 2 and 4 of this act become effective on July 1, 1991.
2. Section 3 of this act becomes effective on July 1, 1992.
________
κ1991 Statutes of Nevada, Page 1607κ
Assembly Bill No. 728Committee on Commerce
CHAPTER 519
AN ACT relating to the department of commerce; creating a department of insurance; removing the insurance division from the department of commerce; creating the office of advocate for insurance customers within the department of insurance; increasing certain fees for certificates of authority to transact insurance; and providing other matters properly relating thereto.
[Approved July 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires:
1. Commissioner means the commissioner of insurance.
2. Department means the department of insurance.
Sec. 3. The department of insurance is hereby created. The department consists of the commissioner and the office of the advocate for insurance customers.
Sec. 4. The commissioner of insurance is the head of the department and:
1. Is appointed by and responsible to, and serves at the pleasure of, the governor.
2. Is in the unclassified service of the state.
Sec. 5. The commissioner:
1. May appoint two deputies. The deputies are in the unclassified service of the state. Each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. Is responsible for the administration of the provisions of Title 57 of NRS, and all other provisions of law relating to the functions of the department.
3. May employ such staff as is necessary for the performance of his duties.
4. Has such other powers and duties as are provided by law.
Sec. 5.3. 1. The office of the advocate for insurance customers is hereby created within the department.
2. The governor shall appoint the advocate for insurance customers for a term of 4 years. The advocate for insurance customers:
(a) Must be an attorney; and
(b) Is in the unclassified service of the state.
3. The governor may remove the advocate for insurance customers from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 5.7. 1. The advocate for insurance customers may:
(a) Examine any books, accounts, minutes, records, documents or other papers or property of any authorized insurer who issues policies of motor vehicle insurance covering private passenger vehicles in the same manner and to the same extent as authorized by law for the commissioner and his staff, if so authorized by an order of the commissioner.
κ1991 Statutes of Nevada, Page 1608 (CHAPTER 519, AB 728)κ
(b) Intervene or participate on behalf of an insurance customer or group of insurance customers in any proceeding relating to rates for policies of motor vehicle insurance covering private passenger vehicles, the solvency of insurers offering such policies and any similar matter before the commissioner.
(c) Develop and offer programs of information for insurance customers relating to policies of motor vehicle insurance for private passenger vehicles.
2. The duties of the advocate for insurance customers do not extend to hearings concerning rates of insurance held pursuant to chapter 616 of NRS.
Sec. 6. Each state agency or division having functions relating to Title 57 of NRS shall cooperate with the commissioner in the performance of his duties and shall provide the commissioner with any information, statistics or data in its records that he requires.
Sec. 7. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department consists of a director and the following divisions:
(a) Consumer affairs division.
(b) Division of financial institutions.
(c) Housing division.
(d) [Insurance division.
(e)] Manufactured housing division.
[(f)] (e) Real estate division.
[(g)] (f) State fire marshal division.
[(h)] (g) Division of unclaimed property.
Sec. 8. 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, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. 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 divisions of the department of the provisions of Titles 55 [, 56 and 57,] and 56 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 others 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.
κ1991 Statutes of Nevada, Page 1609 (CHAPTER 519, AB 728)κ
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 purpose of federal income tax.
Sec. 9. NRS 232.280 is hereby amended to read as follows:
232.280 1. Except for the state fire marshal , [and the commissioner of insurance,] the chiefs of the divisions of the department may each appoint a deputy and a chief assistant. [The commissioner of insurance may appoint two deputies.]
2. These deputies and chief assistants are in the unclassified service of the state. Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 10. NRS 232.700 is hereby amended to read as follows:
232.700 The insurers, the [division] department of insurance, the department of commerce and any other state agency or division having functions dealing with chapter 512, 616, 617 or 618 of NRS shall cooperate with the director in the performance of his duties and shall provide the director with any information, statistics or data in their records as he requires.
Sec. 11. Chapter 41A of NRS is hereby amended by adding thereto a new section to read as follows:
Department means the department of insurance.
Sec. 12. NRS 41A.003 is hereby amended to read as follows:
41A.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [41A.006] 41A.008 to 41A.013, inclusive, and section 11 of this act, have the meanings ascribed to them in those sections.
Sec. 13. NRS 41A.033 is hereby amended to read as follows:
41A.033 The [division,] department, through the commissioner of insurance:
1. Shall maintain a list of the names of the attorneys, physicians, administrators of hospitals and persons employed by hospitals in management positions on the northern tentative screening panel and on the southern tentative screening panel;
2. Shall select the members of the screening panels;
3. Shall schedule the hearings for those panels;
4. Shall obtain, before or after the filing of the complaint, such health care records, statements of policy and procedure, and other materials as may be required by the parties or the screening panel in connection with the claim;
5. Shall charge and collect a reasonable fee for copying materials produced under subpena;
6. For good cause shown, may authorize extensions of time for the filing of:
κ1991 Statutes of Nevada, Page 1610 (CHAPTER 519, AB 728)κ
(a) An answer, not to exceed 60 days;
(b) A response, not to exceed 10 days; and
(c) Continuances,
for the proceedings involving a screening panel; and
7. May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to NRS 41A.003 to 41A.069, inclusive.
Sec. 14. NRS 41A.036 is hereby amended to read as follows:
41A.036 [An account for the screening panels is hereby created in the state general fund. The division shall administer this account.] Any money received by the [division] department pursuant to the provisions of NRS 41A.003 to 41A.069, inclusive, must be [credited to this account and may be used to pay the] deposited with the state treasurer for credit to the account for the department of insurance in the state general fund. The administrative costs of the screening panels [.] must be paid from the account.
Sec. 15. NRS 41A.039 is hereby amended to read as follows:
41A.039 1. A claim of medical malpractice is properly presented to a screening panel by filing a complaint with the [division.] department. A fee of $350 must accompany the complaint.
2. The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice.
3. The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the [division,] department, accompanied by a fee of $350.
4. The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the [division] department within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the [division] department for the filing of the response.
5. A copy of any pleading required by this section to be filed with the [division] department must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.
6. The fees provided by this section must not be charged or collected more than once:
(a) From any party; of
(b) For the filing of any complaint, regardless of the number of parties joined in the complaint.
Sec. 16. NRS 41A.043 is hereby amended to read as follows:
41A.043 1. Within 35 days after the expiration of the time in which to answer the complaint of medical malpractice, the [division] department shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the [division] department may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.
κ1991 Statutes of Nevada, Page 1611 (CHAPTER 519, AB 728)κ
2. The [division] department shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.
3. Except as otherwise provided in this subsection, each party is entitled to not more than:
(a) Three peremptory challenges from the list of attorneys; and
(b) Three peremptory challenges from the list of physicians.
In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the [division] department of the challenge at the conference required by subsection 1.
4. The [division] department shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.
5. The [division] department shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the [division] department shall immediately and randomly select a replacement from the list.
6. If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the [division] department shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.
Sec. 17. NRS 41A.046 is hereby amended to read as follows:
41A.046 1. The [division] department may, by certified or registered mail, issue subpenas as may be required by the screening panel, to compel the attendance of expert witnesses and, as may be required by the parties or the screening panel, to compel the production of books, papers, health care records, statements of policy and procedure or other materials.
2. The [division] department shall keep the material so produced and make it available to the parties, upon request, for inspection or copying. If the material is reasonably capable of being copied, the [division] department shall provide a copy to the parties, upon request and receipt of a fee for the copying.
3. If any expert witness refuses to attend or testify or if any person refuses to produce any materials as required by the subpena, the [division] department may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the expert witness or for the production of the materials;
κ1991 Statutes of Nevada, Page 1612 (CHAPTER 519, AB 728)κ
(b) The expert witness or the person required to produce the materials has been subpenaed by the [division] department pursuant to this section; and
(c) The expert witness has failed or refused to attend or the person has failed or refused to produce the materials required by the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the expert witness to attend and testify or the other person to produce the materials.
4. Upon receiving such a petition, the court shall enter an order directing the expert witness or other person 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 show cause why he has not attended or testified or produced the materials. A certified copy of the order must be served upon the expert witness or other person.
5. If it appears to the court that the subpena was regularly issued by the [division,] department, the court shall enter an order that the expert witness or other person appear at the time and place fixed in the order and testify or produce the required materials, and upon his failure to obey the order, the expert witness or other person must be dealt with as for contempt of court.
Sec. 18. NRS 41A.053 is hereby amended to read as follows:
41A.053 1. Upon the request of the [division] department or counsel for a patient, a custodian of any medical records shall not allow anyone to review any of those records relevant to a complaint filed with the [division] department before those records are transferred to a requesting party or the authority issuing the subpena.
2. A violation of this subsection is punishable as a misdemeanor.
Sec. 19. NRS 458.216 is hereby amended to read as follows:
458.216 1. An advisory committee on insurance covering the treatment of alcoholism and drug abuse, consisting of thirteen members, is hereby created.
2. The governor shall appoint:
(a) One member who is a representative of the department of insurance . [division of the department of commerce.]
(b) One member who is a representative of the bureau.
(c) Two members who are legislators.
(d) One member who is a representative of a medical service corporation.
(e) One member who is a representative of a commercial insurance company.
(f) One member who is a representative of business and industry and one who is a representative of labor. One of these members must represent persons who hold contracts for group health insurance issued by a medical service corporation and the other must represent persons who hold contracts for group health insurance issued by a commercial carrier.
(g) Two members who are representatives of persons who provide treatment for abusers of alcohol or drugs.
(h) Three members who are representatives of the general public.
Sec. 20. NRS 487.002 is hereby amended to read as follows:
487.002 1. As used in this section:
(a) Commissioner means the commissioner of insurance.
κ1991 Statutes of Nevada, Page 1613 (CHAPTER 519, AB 728)κ
(b) Department means the department of motor vehicles and public safety.
[(c) Division means the insurance division of the department of commerce.]
2. The advisory board on automotive affairs, consisting of seven members appointed by the governor, is hereby created within the [division.] department of insurance.
3. The governor shall appoint to the board one representative of:
(a) The [division;] commissioner;
(b) The department;
(c) Licensed operators of body shops;
(d) Licensed automobile wreckers;
(e) Insurers of motor vehicles;
(f) Automobile manufacturers; and
(g) The general public.
4. After the initial terms, each member of the board serves a term of 4 years. The members of the board shall annually elect from among their number a chairman and a vice chairman. The commissioner shall provide secretarial services for the board.
5. The board shall meet regularly at least twice each year and may meet at other times upon the call of the chairman. Each member of the board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
6. Not less than 30 days before the adoption by the commissioner or the department of any regulation pursuant to subsection 7 or otherwise relating to the operation of body shops or auto wreckers, the commissioner or the director, as appropriate, shall submit the proposed regulation to the board for its review and comment.
7. The commissioner and the department, jointly, shall adopt and the board may propose, pursuant to NRS 233B.100, regulations to the appropriate agency concerning:
(a) The use of new or used parts for the repair of motor vehicles and parts that are not manufactured by the manufacturers of the motor vehicles for which they are used.
(b) The survey methodology that may be used by an insurer to ascertain prevailing charges for the repair of a motor vehicle.
(c) The preferred use of a business which repairs motor vehicles by an insurer of motor vehicles.
Sec. 21. Chapter 679A of NRS is hereby amended by adding thereto a new section to read as follows:
Department means the department of insurance.
Sec. 22. NRS 679A.020 is hereby amended to read as follows:
679A.020 As used in this code, unless the context otherwise requires, the words and terms defined in NRS 679A.030 to 679A.130, inclusive, and section 21 of this act, have the meanings ascribed to them in [NRS 679A.030 to 679A.130, inclusive.] those sections.
κ1991 Statutes of Nevada, Page 1614 (CHAPTER 519, AB 728)κ
Sec. 23. NRS 679B.020 is hereby amended to read as follows:
679B.020 1. The chief officer of the [division shall be] department is the commissioner appointed as provided in [NRS 232.250 and 232.270.] section 4 of this act.
2. The commissioner shall not [engage] :
(a) Engage in any other occupation, business or activity that is in any way inconsistent with the performance of his duties as commissioner [, nor shall he hold] ;
(b) Hold any other public office [.
3. The commissioner shall not:
(a)] ;
(c) Directly or indirectly solicit or receive, or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose whatever, from any person within or without the state [.
(b)] ; or
(d) Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy or any person for any public office.
Sec. 24. NRS 679B.050 is hereby amended to read as follows:
679B.050 The [division] department shall have an official seal, in form and design as designated by the commissioner and on file in the office of the secretary of state.
Sec. 25. NRS 679B.060 is hereby amended to read as follows:
679B.060 The buildings and grounds division of the department of general services shall furnish the [division] department of insurance with suitable office space for the performance of its duties.
Sec. 26. NRS 679B.080 is hereby amended to read as follows:
679B.080 1. The [director] governor shall designate an acting commissioner when the office of commissioner is vacant or when the commissioner is unable to perform his duties because of mental or physical disability.
2. The commissioner shall designate one of his deputies to serve as acting commissioner in the commissioners absence.
3. The deputies have such powers and duties as the commissioner delegates and assigns to them.
4. The deputies shall devote their full time to the [division.] department.
Sec. 27. NRS 679B.100 is hereby amended to read as follows:
679B.100 1. The commissioner, his deputy or any examiner, assistant or employee of the [division] department shall not be connected with the management or be a stockholder, or be otherwise financially interested in any insurer, insurance holding company or its parent, subsidiaries or affiliates, insurance agency or broker, insurance trade association, premium finance company, adjuster or other licensee under this code, or be pecuniarily interested in any insurance transaction except as a policyholder or claimant under a policy, except that as to matters wherein a conflict of interests does not exist on the part of any such [individual,] person, the commissioner may employ or retain from time to time insurance actuaries, examiners, accountants, attorneys or other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.
κ1991 Statutes of Nevada, Page 1615 (CHAPTER 519, AB 728)κ
attorneys or other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.
2. Subsection 1 shall not be deemed to prohibit:
(a) Receipt by any such [individual] person of fully vested commissions or fully vested retirement benefits to which he is entitled by reason of services performed [prior to] before becoming commissioner or [prior to] before employment by the commissioner;
(b) Investment in shares of regulated diversified investment companies; or
(c) Mortgage loans made under customary terms and in the ordinary course of business.
3. Any person knowingly violating this section is guilty of a misdemeanor.
Sec. 28. NRS 679B.110 is hereby amended to read as follows:
679B.110 1. The commissioner may delegate to his deputy, examiner or an employee of the [division] department the exercise or discharge in the commissioners name of any power, duty or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the commissioner.
2. The official act of any such person acting in the commissioners name and by his authority shall be deemed an official act of the commissioner.
Sec. 29. NRS 679B.115 is hereby amended to read as follows:
679B.115 1. The commissioner and the employees of the [division,] department, in the absence of fraud or bad faith, are not subject to civil liability for publishing any report or bulletin related to the official activities of the commissioner or the [division.] department.
2. This section does not abrogate or modify any privilege or immunity which applies to the commissioner or the employees of the [division.] department.
Sec. 30. NRS 679B.120 is hereby amended to read as follows:
679B.120 The commissioner shall:
1. [Subject to the provisions of NRS 232.250, organize] Organize and manage the [division,] department, and direct and supervise all its activities;
2. Execute the duties imposed upon him by this code;
3. Enforce the provisions of this code;
4. Have the powers and authority expressly conferred upon him by or reasonably implied from the provisions of this code;
5. Conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as he may deem proper upon reasonable and probable cause to determine whether any person has violated any provision of this code or to secure information useful in the lawful enforcement or administration of any such provision; and
6. Have such additional powers and duties as may be provided by other laws of this state.
Sec. 31. NRS 679B.140 is hereby amended to read as follows:
679B.140 1. Orders and notices of the commissioner are effective only when in writing signed by him or by his authority.
2. Except as otherwise expressly provided by law as to particular orders, every order of the commissioner must state its effective date, and concisely state:
κ1991 Statutes of Nevada, Page 1616 (CHAPTER 519, AB 728)κ
(a) Its intent or purpose;
(b) The grounds on which it is based; and
(c) The provisions of this code pursuant to which action is taken or proposed to be taken but failure to so designate a particular provision does not deprive the commissioner of the right to rely thereon.
3. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to that person at his principal place of business or residence as last of record in the [division.] department. The order or notice shall be deemed to have been given when deposited with the United States Postal Service, and of which the affidavit of the person who so mailed the order or notice is prima facie evidence.
Sec. 32. NRS 679B.153 is hereby amended to read as follows:
679B.153 The commissioner shall establish a program within the [division] department to investigate any act or practice which:
1. Violates the provisions of NRS 686A.010 to 686A.310, inclusive; or
2. Defrauds or is an attempt to defraud an insurer.
Sec. 33. NRS 679B.155 is hereby amended to read as follows:
679B.155 To investigate fraudulent claims for benefits from a policy of insurance, the commissioner may:
1. Designate employees of the [division] department as investigators to carry out the provisions of NRS 679B.153 to 679B.158, inclusive.
2. Conduct investigations into such activities occurring outside this state, if necessary. To conduct these investigations, the commissioner or his investigators may:
(a) Travel outside this state;
(b) Cooperate with appropriate agencies or persons outside this state; or
(c) Designate those agencies to conduct investigations for the commissioner.
3. Assist officials of investigative or law enforcement agencies of any other state or the Federal Government who are investigating fraudulent claims and who request assistance from the commissioner.
Sec. 34. NRS 679B.157 is hereby amended to read as follows:
679B.157 An insurer, employee or representative of an insurer, official of an investigative or law enforcement agency, employee of the [division] department or the commissioner is not subject to a criminal penalty or subject to civil liability for libel, slander or any similar cause of action in tort if he, without malice, discloses information on a fraudulent claim or suspicious fire.
Sec. 35. NRS 679B.180 is hereby amended to read as follows:
679B.180 1. The commissioner may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this code, or to enforce any proper order made by him or action taken by him.
2. If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the appropriate district attorney or to the attorney general. The district attorney or attorney general shall promptly institute such action or proceedings against such person as in his opinion the information may require or justify.
κ1991 Statutes of Nevada, Page 1617 (CHAPTER 519, AB 728)κ
institute such action or proceedings against such person as in his opinion the information may require or justify.
3. If the commissioner requests the appropriate district attorney to prosecute a fraudulent claim, the district attorney shall, within 30 days after receiving the request:
(a) File a complaint; or
(b) Notify the commissioner in writing of the reasons for his refusal to prosecute the claim.
If the district attorney is unable, fails or refuses to prosecute the claim, the commissioner may request the attorney general to do so. If the attorney general has not begun to prosecute the claim within 60 days after the request by the commissioner, the attorney general shall inform the commissioner in writing of the reasons for the delay or for failing to prosecute the claim.
4. Except as otherwise provided in this code, the attorney general shall act as legal counsel to the [division] department and the commissioner in all matters pertaining to the administration and enforcement of this code.
Sec. 36. NRS 679B.190 is hereby amended to read as follows:
679B.190 1. The commissioner shall carefully preserve in the [division] department and in permanent form all papers and records relating to the business and transactions of the [division,] department and shall hand them over to his successor in office.
2. Except as otherwise provided by subsections 3 and 5 and other provisions of this code, the papers and records must be open to public inspection.
3. Any records or information related to the investigation of a fraudulent claim by the commissioner are confidential unless:
(a) The commissioner releases the records or information for public inspection after determining that the release of the records or information will not harm his investigation or the person who is being investigated; or
(b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the commissioner.
4. The commissioner may destroy unneeded or obsolete records and filings in the [division] department in accordance with provisions and procedures applicable in general to administrative agencies of this state.
5. The commissioner may classify as confidential certain records and information obtained from a governmental agency or other sources upon the express condition that they remain confidential, or be deemed confidential by the commissioner. No filing required to be made with the commissioner under this code shall be deemed confidential unless expressly provided by law.
Sec. 37. NRS 679B.200 is hereby amended to read as follows:
679B.200 1. All certificates issued by the commissioner in accordance with the provisions of this code and all copies of documents filed in his office in accordance with the provisions of this code when certified by him [shall] must be taken and received in all courts and public offices and by official bodies of this state as prima facie evidence of the facts therein stated.
2. A certificate by the commissioner under the seal of the [division] department as to facts relating to insurers which would not appear from a certified copy of any of the documents or certificates specified in subsection 1 [shall] must be taken and received in all courts and public offices and by official bodies as prima facie evidence of the facts therein stated.
κ1991 Statutes of Nevada, Page 1618 (CHAPTER 519, AB 728)κ
[shall] must be taken and received in all courts and public offices and by official bodies as prima facie evidence of the facts therein stated.
Sec. 38. NRS 679B.280 is hereby amended to read as follows:
679B.280 1. The commissioner shall deliver a copy of the examination report to the person examined, together with a notice affording [such] the person 10 days or such additional reasonable period as the commissioner for good cause may allow within which to review the report and recommend changes therein.
2. If so requested by the person examined, within the period allowed under subsection 1, or if deemed advisable by the commissioner without such request, the commissioner shall hold a hearing relative to the report and shall not file the report in the [division] department for public inspection until after such hearing and his order thereon.
3. If no such hearing has been requested or held, the examination report, with such modifications, if any, thereof as the commissioner deems proper, [shall] must be accepted by the commissioner and filed in the [division] department for public inspection upon expiration of the review period provided for in subsection 1. The report [shall] must in any event be so accepted and filed within 6 months after final hearing thereon, except that the commissioner may withhold from public inspection any examination report for so long as he deems such withholding to be necessary for the protection of the person examined against unwarranted injury or to be in the public interest.
4. The commissioner shall forward to the person examined a copy of the examination report as filed for public inspection, together with any recommendations or statements relating thereto which he deems proper.
5. If the report concerns the examination of a domestic insurer, a copy of the report, or a summary thereof approved by the commissioner, when filed for public inspection, or if withheld from public inspection under subsection 3, together with the recommendations or statements of the commissioner or his examiner, [shall] must be presented by the insurers chief executive officer to the insurers board of directors or similar governing body at a meeting thereof which [shall] must be held within 30 days next following receipt of the report in final form by the insurer. A copy of the report [shall] must also be furnished by the secretary of the insurer, if incorporated, or by the attorney-in-fact if a reciprocal insurer, to each member of the insurers board of directors or board of governors, if a reciprocal insurer, and the certificate of the secretary or attorney-in-fact that a copy of the examination report has been so furnished shall be deemed to constitute knowledge of the contents of the report by each such member.
Sec. 39. NRS 679B.300 is hereby amended to read as follows:
679B.300 1. The insurance examination fund is hereby created as a special revenue fund. All money received by the commissioner pursuant to NRS 679B.290 must be deposited in the state treasury for credit to the fund.
2. Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other [division] representative of the department, or by the advocate for insurance customers, in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 or section 53.7 of this act must be paid out of the insurance examination fund as other claims against the state are paid.
κ1991 Statutes of Nevada, Page 1619 (CHAPTER 519, AB 728)κ
must be paid out of the insurance examination fund as other claims against the state are paid.
Sec. 40. NRS 679B.310 is hereby amended to read as follows:
679B.310 1. The commissioner may hold a hearing, without request by others, for any purpose within the scope of this code.
2. The commissioner shall hold a hearing:
(a) If required by any other provision of this code; or
(b) Upon written application for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, regulation or order of the commissioner , [(] other than an order for the holding of a hearing, or an order issued on a hearing [, or pursuant to such order of which hearing such] of which the person had notice . [). Any such] The application must be filed in the [division] department within 60 days after [such] the person knew or reasonably should have known [, of such] of the act, threatened act, failure, report, rule, regulation or order, unless a different period is provided for by any other [laws] law applicable to the particular matter, in which case [such] the other law [shall govern.] governs.
3. Any such application for a hearing [shall] must briefly state the respects in which the applicant is so aggrieved, together with the grounds to be relied upon as a basis for the relief to be sought at the hearing.
4. If the commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established and that such grounds otherwise justify the hearing, he shall hold the hearing within 30 days after filing of the application, unless postponed by mutual consent. Failure to hold the hearing upon application therefor of a person entitled thereto as provided in this section [shall constitute] constitutes a denial of the relief sought, and [shall be] is the equivalent of a final order of the commissioner on hearing for the purpose of an appeal [under] pursuant to NRS 679B.370.
5. Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.
[6. This section does not apply to hearings relative to matters arising under chapter 686B of NRS (rates and rating organizations).]
Sec. 41. NRS 679B.330 is hereby amended to read as follows:
679B.330 1. The commissioner may hold a hearing in Carson City, Nevada, or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner, his deputy or assistant, or a person appointed by the commissioner, shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.
2. The commissioner may appoint a person who is not associated with the [division] department to conduct a hearing if the hearing requires a disinterested or impartial hearing officer. A person so appointed shall comply with the provisions which govern hearings conducted by the commissioner. An order issued by such a person has the same effect as an order issued by the commissioner.
3. Testimony may be taken orally or by deposition, and any party has the same right to introduce evidence by interrogatories or deposition as he would have in a district court.
κ1991 Statutes of Nevada, Page 1620 (CHAPTER 519, AB 728)κ
4. Upon good cause shown the commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons, not original parties thereto, whose pecuniary interests are to be directly and immediately affected by the commissioners order made upon the hearing.
5. The commissioner shall cause a record of the proceedings to be made. If transcribed, a copy of the record must be part of the commissioners record of the hearing and a copy must be furnished to any other party to the hearing, at the request and expense of the other party. If no such record is transcribed, the commissioner shall prepare a summary record of the proceedings and evidence.
Sec. 41.3. NRS 679B.400 is hereby amended to read as follows:
679B.400 1. The legislature finds and declares that:
(a) Stabilizing the cost of insurance is of vital concern to the residents of this state; and
(b) It is necessary to establish a comprehensive system to collect, analyze and distribute information concerning the cost of insurance in order to stabilize that cost effectively.
2. The purposes of NRS 679B.400 to 679B.460, inclusive, are to:
(a) Promote the public welfare by studying the relationship of premiums and related income of insurers to costs and expenses of insurers;
(b) Develop measures to stabilize prices for insurance while continuing to provide insurance of high quality to the residents of this state;
(c) Permit and encourage competition between insurers on a sound financial basis to the fullest extent possible; [and] (d) Establish a mechanism to ensure the provision of adequate insurance at reasonable rates to the residents of this state [.] ; and
(e) In conjunction with the office of the advocate for insurance customers, protect the rights of customers of insurance in this state.
Sec. 41.7. NRS 679B.410 is hereby amended to read as follows:
679B.410 The commissioner shall:
1. Determine the relationship of premiums and related income of insurers to costs and expenses of insurers, provide this information to the legislature and make this information available to the general public.
2. Respond to requests by governmental agencies of this state and by the legislature for special studies and analysis of information collected pursuant to NRS 679B.400 to 679B.460, inclusive.
3. Assist the advocate for insurance customers in carrying out the duties of his office.
4. Report to each regular session of the legislature concerning his duties and findings pursuant to this section no later than February 1.
Sec. 42. NRS 679B.450 is hereby amended to read as follows:
679B.450 1. Insurers required to file reports pursuant to NRS 679B.430 shall pay to the [insurance division of the department of commerce] department a reasonable fee established by the commissioner of not more than $500 to cover the costs to the [division] department of the administration and enforcement of NRS 679B.400 to 679B.460, inclusive, including any expenses incident or associated with the requirements of those sections.
2. The cost of furnishing a report, unless furnished to a legislator, must be paid by the party requesting the report.
κ1991 Statutes of Nevada, Page 1621 (CHAPTER 519, AB 728)κ
3. The commissioner may establish a schedule of fees for the purposes of this section.
Sec. 43. NRS 680A.210 is hereby amended to read as follows:
680A.210 1. All suspensions, limitations or revocations of, or refusals to continue, an insurers certificate of authority [shall] must be by the commissioners order given to the insurer.
2. Upon issuance of the order, the commissioner shall forthwith give notice thereof to the insurers agents in this state , of record in the [division,] department, and shall [likewise] also suspend, limit or revoke the authority of such agents to represent the insurer.
Sec. 44. NRS 680A.220 is hereby amended to read as follows:
680A.220 1. Suspension of an insurers certificate of authority [shall] must be for such period as the commissioner specifies in the order of suspension, but not to exceed 1 year. During the suspension period the commissioner may rescind or shorten the suspension by his further order.
2. During the suspension period the insurer shall not solicit or write any new business in this state, but [shall] must file its annual statement, pay fees, licenses and taxes as required under this code, and may service its business already in force in this state, as if the certificate of authority had continued in full force.
3. Upon expiration of the suspension period, if within such period the certificate of authority has not terminated, the insurers certificate of authority [shall automatically reinstate] is automatically reinstated unless the commissioner finds that the causes of the suspension, being other than a past event, are continuing, or that the insurer is otherwise not in compliance with the requirements of this code, and of which the commissioner shall give the insurer notice not less than 30 days in advance of expiration of the suspension period.
4. Upon reinstatement of the insurers certificate of authority, the authority of its agents in this state to represent the insurer [shall likewise reinstate.] is also reinstated. The commissioner shall promptly notify the insurer and its agents in this state, of record in the [division,] department, of such reinstatement.
Sec. 45. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Filing initial application [and making related examination $500] $2,450
(b) Issuance of certificate:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive .................................................................................. 283
(2) For two or more kinds of insurance as so defined ........... 500
(3) For a reinsurer ........................................................................ 250
(c) Each annual continuation of a certificate [:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive................................................................................... 250
(2) For two or more kinds of insurance as so defined... 578] 2,450
κ1991 Statutes of Nevada, Page 1622 (CHAPTER 519, AB 728)κ
(d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(e) Registration of additional title pursuant to NRS 680A.240 . 50
Annual renewal ...................................................................... 25
2. Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document $10
3. Annual statement or report. For filing annual statement or report $25
4. Service of process:
(a) Filing of power of attorney ........................................................ $5
(b) Acceptance of service of process ............................................. 5
5. Agents licenses, appointments and renewals:
(a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:
(1) Application and license ........................................................ $78
(2) Appointment by each insurer .............................................. 5
(3) Triennial renewal of each license ....................................... 78
(4) Temporary license ................................................................. 10
(b) Other nonresident agents:
(1) Application and license ........................................................ 138
(2) Appointment by each insurer .............................................. 25
(3) Triennial renewal of each license ....................................... 138
6. Brokers licenses and renewals:
(a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:
(1) Application and license ........................................................ $78
(2) Triennial renewal of each license ....................................... 78
(b) Other nonresident brokers:
(1) Application and license ........................................................ 258
(2) Triennial renewal of each license ....................................... 258
(c) Surplus lines brokers:
(1) Application and license ........................................................ 78
(2) Triennial renewal of each license ....................................... 78
7. Solicitors licenses, appointments and renewals:
(a) Application and license .............................................................. $78
(b) Triennial renewal of each license .............................................. 78
(c) Initial appointment ...................................................................... 5
8. Managing general agents licenses, appointments and renewals:
(a) Resident managing general agents:
(1) Application and license ........................................................ $78
(2) Initial appointment, each insurer ....................................... 5
(3) Triennial renewal of each license ....................................... 78
(b) Nonresident managing general agents:
(1) Application and license ........................................................ 138
(2) Initial appointment, each insurer ....................................... 25
(3) Triennial renewal of each license ....................................... 138
κ1991 Statutes of Nevada, Page 1623 (CHAPTER 519, AB 728)κ
9. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license ........................................................ $78
(2) Triennial renewal of each license ....................................... 78
(b) Associate adjusters:
(1) Application and license ........................................................ 78
(2) Initial appointment ............................................................... 5
(3) Triennial renewal of each license ....................................... 78
10. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license .............................................................. $78
(b) Triennial renewal of each license .............................................. 78
11. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration ..................................................................... $25
(b) Annual renewal ............................................................................ 25
12. Insurance vending machines:
(a) Application and license, for each machine ............................. $78
(b) Triennial renewal of each license .............................................. 78
13. Permit for solicitation for securities:
(a) Application for permit ................................................................ $100
(b) Extension of permit ..................................................................... 50
14. Securities salesmen for domestic insurers:
(a) Application and license .............................................................. $25
(b) Annual renewal of license .......................................................... 15
15. Rating organizations:
(a) Application and license................................................... [$100] $500
(b) Annual renewal................................................................... [100] 500
16. Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:
(a) Resident administrators:
(1) Application and certificate of registration ........................ $78
(2) Triennial renewal ................................................................... 78
(b) Nonresident administrators:
(1) Application and certificate of registration ........................ 138
(2) Triennial renewal ................................................................... 138
17. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
18. Certified copies of certificates of authority and licenses issued pursuant to the insurance code .................................................................................... $10
19. For copies and amendments of documents on file in the [division,] department, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
20. Letter of clearance for an agent or broker ........................... $5
21. Certificate of status as a licensed agent or broker .............. $5
22. Licenses, appointments and renewals for bail agents:
(a) Application and license .............................................................. $78
(b) Initial appointment by each surety insurer ............................. 5
κ1991 Statutes of Nevada, Page 1624 (CHAPTER 519, AB 728)κ
(c) Triennial renewal of each license .............................................. 78
23. Licenses and renewals for property bondsmen:
(a) Application and license .............................................................. $78
(b) Triennial renewal of each license .............................................. 78
24. Licenses, appointments and renewals for general bail agents:
(a) Application and license .............................................................. $78
(b) Initial appointment by each insurer ......................................... 5
(c) Triennial renewal of each license .............................................. 78
25. Licenses and renewals for bail solicitors:
(a) Application and license .............................................................. $78
(b) Triennial renewal of each license .............................................. 78
26. Licenses and renewals for title agents and escrow officers:
(a) Resident title agents and escrow officers:
(1) Application and license ........................................................ $78
(2) Triennial renewal of each license ....................................... 78
(b) Nonresident title agents and escrow officers:
(1) Application and license ........................................................ 138
(2) Triennial renewal of each license ....................................... 138
(c) Change in name or location of business or in association ... 10
27. Certificate of authority and renewal for a seller of prepaid funeral contracts ..................................................................................................... $78
28. Licenses and renewals for agents for prepaid funeral contracts:
(a) Resident agents:
(1) Application and license ........................................................ $78
(2) Triennial renewal of each license ....................................... 78
(b) Nonresident agents:
(1) Application and license ........................................................ 138
(2) Triennial renewal of each license ....................................... 138
29. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Resident agents:
(1) Application and license ........................................................ $78
(2) Appointment .......................................................................... 5
(3) Triennial renewal of each license ....................................... 78
(b) Nonresident agents:
(1) Application and license ........................................................ 138
(2) Triennial renewal of each license ....................................... 138
30. Surplus lines:
(a) Filing of affidavit pursuant to NRS 685A.050 ....................... $25
(b) Filing of memorandum pursuant to NRS 685A.060 ............. 25
(c) Filing of amendment to the memorandum when additional premium is reported ....................................................................................................... 10
31. Agents for and sellers of prepaid burial contracts:
(a) Resident agents and sellers:
(1) Application and certificate or license ................................ $78
(2) Triennial renewal ................................................................... 78
(b) Nonresident agents and sellers:
(1) Application and certificate or license ................................ 138
κ1991 Statutes of Nevada, Page 1625 (CHAPTER 519, AB 728)κ
(2) Triennial renewal ................................................................... 138
32. For the initial registration and review of an application of a risk retention group ......................................................................................... $2,450
33. Required filing of forms:
(a) For rates and policies .................................................................. $25
(b) For riders and endorsements ...................................................... 10
Sec. 46. NRS 680B.070 is hereby amended to read as follows:
680B.070 1. Each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care and motor club shall on or before March 1 of each year pay to the commissioner the uniform amount, not to exceed $15, as the commissioner requires, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners to defray:
(a) The general expenses of the association; and
(b) Reasonable and necessary travel and related expenses incurred by the commissioner and members of his staff, without limitation as to number, in attending meetings of the association and its committees, subcommittees, hearings and other official activities. The commissioner shall give written notice of the required amount.
2. Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.
3. All money received by the commissioner pursuant to subsection 1 must be deposited in the state treasury for credit to the [insurance division] national association fund of the department of insurance, which is hereby created as a special revenue fund. Except as otherwise provided in subsection 2, all claims against the fund must be paid as other claims against the state are paid.
Sec. 47. (Deleted by amendment.)
Sec. 48. NRS 682B.040 is hereby amended to read as follows:
682B.040 1. Except as provided in NRS 682B.050 and 682B.055, deposits made in this state under this code must be made through the commissioner. The fund for the [insurance division] department of insurance is hereby created as an agency fund. All money received by the commissioner must be deposited with the state treasurer to the credit of the fund . [for the insurance division.] All claims against the fund must be paid as other claims against the state are paid.
2. The State of Nevada is responsible for the safekeeping of all securities or other assets deposited with the state treasurer through the commissioner under this code, and shall bear the costs of the depository.
Sec. 49. NRS 683A.350 is hereby amended to read as follows:
683A.350 1. Every nonresident licensed by this state as an agent or broker [under] pursuant to 683A.340 shall appoint the commissioner in writing as his attorney upon whom may be served all legal process issued in connection with any action or proceeding brought or pending in this state against or involving the licensee and relating to transactions under his Nevada license. The appointment is irrevocable and continues in force for so long as any such action or proceeding may arise or exist. Duplicate copies of process must be served upon the commissioner or other person in apparent charge of the [division] department during the commissioners absence, accompanied by payment of the fee for service of process as specified in NRS 680B.010.
κ1991 Statutes of Nevada, Page 1626 (CHAPTER 519, AB 728)κ
the [division] department during the commissioners absence, accompanied by payment of the fee for service of process as specified in NRS 680B.010. Upon such service the commissioner shall promptly forward a copy of the process by certified mail with return receipt requested to the nonresident licensee at his business address last of record with the [division.] department. Process served and the copy thereof forwarded as provided in this subsection constitutes for all purposes personal service thereof upon the licensee.
2. Every such licensee shall likewise file with the commissioner his written agreement to appear before the commissioner pursuant to notice of hearing, show cause order or subpena issued by the commissioner and deposited, postage paid, by certified mail with the United States Postal Service, addressed to the licensee at his address last of record in the [division,] department, and that upon failure of the licensee so to appear the licensee thereby consents to any subsequent suspension, revocation or refusal of the commissioner to continue the licensees license.
Sec. 50. NRS 683A.450 is hereby amended to read as follows:
683A.450 1. In addition to provisions therefor under other provisions of this chapter, the commissioner may suspend for not more than 12 months, or may revoke, limit or refuse to continue any license issued under this chapter or any surplus lines brokers license if, after notice to the licensee and to the insurer represented (as to an agent or managing general agent), to the employer (as to a solicitor), and hearing (unless hearing is waived pursuant to NRS 683A.460), he finds that as to the licensee any one or more of the following causes exist:
(a) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.
(b) For willful violation of or willful noncompliance with any applicable provision of this code, or for willful violation of any lawful rule, regulation or order of the commissioner.
(c) For an intentional material misstatement in an application for a license or in connection therewith.
(d) For obtaining or attempting to obtain any such license by fraud or willful misrepresentation.
(e) For misappropriation or conversion to his own use, or illegal withholding, of money belonging to policyholders, insurers, beneficiaries or others and received in the conduct of business under the license.
(f) For a material misrepresentation of the terms of any existing or proposed insurance contract.
(g) If in the conduct of his affairs under the license the licensee has used fraudulent, coercive or dishonest practices, or has shown himself to be incompetent, untrustworthy, financially irresponsible or a source of injury and loss to the public.
(h) For aiding, abetting or assisting another person to violate any of the provisions of this code.
2. The commissioner shall promptly revoke the license of:
(a) Any licensed resident agent or resident broker who establishes his residence in another state.
(b) Any licensee convicted by final judgment of a felony involving moral turpitude.
κ1991 Statutes of Nevada, Page 1627 (CHAPTER 519, AB 728)κ
3. If a licensee changes his address without written notice to the commissioner, and the commissioner after diligent effort is unable to locate the licensee, the commissioner may revoke the license without a hearing. If the commissioner mails a letter by certified mail, with return receipt requested, addressed to the licensee at his address last of record with the [division,] department, and the letter is returned to the commissioner undelivered, such shall be deemed an adequate effort by the commissioner to locate the licensee.
4. The license of a firm or corporation may be suspended, revoked or refused also for any of such causes as relate to any natural person designated in or registered as to the license to exercise its powers.
5. In addition to or in lieu of suspension, revocation or refusal to continue any such license for any of the causes specified in subsection 1, the commissioner may impose an administrative fine upon the licensee of not less than $25 nor more than $500. The order levying the fine must specify the date, not less than 15 days nor more than 30 days after the date of the order, before which the fine must be paid. Upon failure of payment of the fine when due, the commissioner shall promptly revoke the licenses of the licensee and the fine must be recovered in a civil action brought in behalf of the commissioner by the attorney general. The commissioner shall promptly deposit all such fines collected with the state treasurer.
Sec. 51. NRS 683A.470 is hereby amended to read as follows:
683A.470 1. Upon suspension, limitation or revocation of any such license the commissioner shall forthwith notify the licensee thereof either in person or by mail addressed to the licensee at his address last of record in the [division.] department. Notice by mail shall be deemed effectuated when so mailed. The commissioner shall give like notice to the insurers represented, in the case of an agent or managing general agent license, and to the employer in the case of a solicitor license.
2. Suspension, limitation or revocation of the license of an agent or broker shall automatically revoke, limit or suspend the licenses of all solicitors employed by him.
3. The commissioner shall not again issue a license under this chapter to or as to any person whose license has been revoked, until after expiration of at least 1 year after such revocation has become final, and thereafter not until such person again qualifies therefor in accordance with the applicable provisions of this chapter. A person whose license has been revoked twice shall not again be eligible for any license under this code.
4. If the license of a firm or corporation is so suspended, limited or revoked, no member of such firm, or officer or director of such corporation, shall be licensed or be designated, in or as to any license, issued under this chapter, to exercise the powers thereof, during the period of such suspension or revocation, unless the commissioner determines upon substantial evidence that such member, officer or director was not personally at fault and did not knowingly aid, abet, assist or acquiesce in the matter on account of which the license was suspended or revoked.
Sec. 51.5. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible under this section.
κ1991 Statutes of Nevada, Page 1628 (CHAPTER 519, AB 728)κ
2. No insurer is eligible for the acceptance of surplus lines risks under this chapter unless it has surplus as to policyholders not less in amount than $3,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established under terms reasonably adequate for the protection of all of its policyholders in the Unites States of America in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of a group of individual unincorporated insurers, such a trust fund must be not less than $50,000,000. The commissioner may require larger trust funds than those set forth in this section if in his judgment the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. To be placed on the list, a surplus lines insurer must file an application with the commissioner. The application must be accompanied by a nonrefundable fee of $2,450. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 52. NRS 685A.090 is hereby amended to read as follows:
685A.090 Every insurance contract procured and delivered as a surplus lines coverage pursuant to this chapter must be countersigned by the broker who procured it, and must have conspicuously stamped upon it:
This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither licensed by nor under the supervision of the Nevada [insurance division.] department of insurance. If the insurer is found insolvent, a claim under this contract is not covered by the Nevada Insurance Guaranty Association Act.
Sec. 53. NRS 685B.120 is hereby amended to read as follows:
685B.120 Any person who provides coverage in this state for the cost of:
1. Medical care;
2. Surgery;
3. Chiropractic;
4. Physical therapy;
5. Speech pathology;
6. Audiology;
κ1991 Statutes of Nevada, Page 1629 (CHAPTER 519, AB 728)κ
7. Professional care of mental health;
8. Dental care;
9. Hospital care; or
10. Ophthalmic care,
whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the [division] department and to the provisions of this code unless he shows that while providing such coverage he is subject to regulation by the Federal Government.
Sec. 53.1. NRS 686A.360 is hereby amended to read as follows:
686A.360 1. An application for a license to engage in the business of a company must be filed with the commissioner on a form prescribed by him and must include:
(a) A nonrefundable fee for application and for investigation of the applicant of [$200;] $500;
(b) A surety bond payable to the State of Nevada in the amount of $25,000, executed by a surety company which is authorized to do business in Nevada;
(c) A current certified financial statement or another financial statement if individually approved by the commissioner;
(d) An appointment of the commissioner and his successors in office as the applicants attorney to receive service of process; and
(e) If the applicant is a corporation, a copy of its articles of incorporation.
2. The applicant shall provide the commissioner with any material change concerning information contained in the application within 10 days after the change occurs.
Sec. 53.2. NRS 686A.380 is hereby amended to read as follows:
686A.380 1. A company must renew its license on or before March 1 of each year. An application for renewal must be submitted on a form prescribed by the commissioner and must be accompanied by:
(a) A financial statement for the preceding year; and
(b) A fee of [$100] $500 and any penalty imposed pursuant to subsection 2.
2. The commissioner may grant an extension allowing a company to file an application for renewal after March 1 if the company shows that for reasons beyond its control it cannot apply before that date. If a company which has not been granted an extension files its application for renewal after March 1, the company shall pay a penalty of $25 for each day the application is late.
Sec. 53.3. Chapter 686B of NRS is hereby amended by adding thereto the provisions set forth as sections 53.4 to 53.7, inclusive, of this act.
Sec. 53.4. The advocate for insurance customers, as to any matter in which he has intervened or is a party, may appeal any order or decision of the commissioner made pursuant to this chapter.
Sec. 53.5. The commissioner may adopt regulations:
1. Governing the manner in which the advocate for insurance customers may review rates and supplementary information filed pursuant to this chapter.
2. Relating to the advocates participation or intervention in hearings conducted pursuant to this chapter.
κ1991 Statutes of Nevada, Page 1630 (CHAPTER 519, AB 728)κ
3. Which set forth the procedures for conducting any hearing held pursuant to this chapter.
Sec. 53.6. Each authorized insurer who issues policies of motor vehicle insurance covering private passenger vehicles and each rate service organization who assists in making rates for such policies of insurance shall provide the advocate for insurance customers with copies of any information which is required to be filed with the commissioner pursuant to NRS 686B.070. The copies must be provided to the advocate for insurance customers on or before the date the information is filed with the commissioner.
Sec. 53.7. 1. At the request of the advocate for insurance customers, the commissioner may issue an order authorizing the advocate to examine the books, accounts, minutes, records, documents or other papers or property of any insurer who issues policies of motor vehicle insurance covering private passenger vehicles and who makes a filing relating to a proposed change in rates pursuant to this chapter. The commissioner may authorize such an examination only if the information being sought is not available in the records of the division and the examination does not duplicate any examination previously conducted by the commissioner.
2. The expense of an examination conducted pursuant to this section must be borne by the insurer examined and paid in the manner provided by NRS 679B.290 and 679B.300. Only the actual cost of performing the examination may be recovered from the insurer.
Sec. 53.8. NRS 686B.110 is hereby amended to read as follows:
686B.110 1. The commissioner shall consider each proposed increase in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to NRS 686B.070. If the commissioner finds that the proposed increase will result in a rate which is not in compliance with NRS 686B.050, he shall disapprove the proposal. [In any event, he] The commissioner shall approve or disapprove each [such] proposal no later than 60 days after it is filed with him [.] , unless additional time is required to allow the intervention or participation of the advocate for insurance customers. In no event may this period of review be extended more than 60 additional days.
2. Whenever an insurer has no legally effective rates as a result of the commissioners disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
3. If the commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.175, inclusive. Any such hearing may be held before the date the rates are intended to become effective.
Sec. 54. NRS 686B.290 is hereby amended to read as follows:
686B.290 1. At the time the association files a notice of intent to qualify as a domestic stock insurer, it must give notice of its intent to all participating insurers and all insureds in a form approved by the commissioner. The notice to each insured must state the total amount of stock to be issued and the amount of shares to which he is entitled.
κ1991 Statutes of Nevada, Page 1631 (CHAPTER 519, AB 728)κ
to each insured must state the total amount of stock to be issued and the amount of shares to which he is entitled.
2. Any participating insurer or insured may, within 30 days after the date of the notice, apply to the [division] department for a hearing concerning the associations ability to qualify as a domestic insurer, the valuation of capital and surplus or the proposed number and distribution of shares of stock.
Sec. 55. NRS 687B.410 is hereby amended to read as follows:
687B.410 1. An insurer which intends to withdraw from providing insurance for a particular class of insureds shall notify the commissioner of that intention at least 60 days before the notice of cancellation or nonrenewal is delivered or mailed to the insured.
2. Upon receipt of a written request from an insured, the [division] department shall, within 15 days after the receipt of the request, review the ground for cancellation or nonrenewal. If after the review the [division] department fails to find that the insurer can demonstrate the grounds for cancellation or nonrenewal by clear and convincing evidence, the cancellation or nonrenewal shall be deemed withdrawn by the insurer and the policy reinstated or renewed. Such a request for review by the [division] department must be made within 30 days after the insured receives the notice of cancellation or nonrenewal.
Sec. 56. NRS 690A.170 is hereby amended to read as follows:
690A.170 1. Every insurer transacting a business of credit insurance in this state shall:
(a) Conduct an annual audit of all payments for claims made on its behalf by an administrator, claim representative or group policyholder.
(b) Conduct a review of each of its accounts for creditors with respect to the business of credit insurance of the creditor to ensure compliance with this code and the regulations adopted pursuant to it. The initial review must be conducted not later than 18 months after July 1, 1987, or the date of the initial credit transaction between the creditor and the insurer, whichever is later. After the initial review, the review must be conducted every 24 months.
2. The audit or review must include, where applicable, a determination that:
(a) The proper charges to debtors for premiums are made by the creditor and remitted in a timely manner to the insurer.
(b) The refunds are being calculated accurately and paid promptly by the creditor.
(c) All claims and inquiries concerning claims are filed promptly and handled properly.
(d) Amounts of insurance payable on death, in excess of the amounts necessary to extinguish the indebtedness, are properly calculated and reported to the secondary beneficiary of the policy.
(e) The creditor is promptly and fairly processing complaints concerning its business of credit insurance and is maintaining proper procedures for and records of the complaints processed.
3. The insurer [must] shall retain the written results of the audit or review at its home office for at least 7 years after the date of their completion by the insurer.
κ1991 Statutes of Nevada, Page 1632 (CHAPTER 519, AB 728)κ
4. The cost of the audit or review must be paid by the insurer and is not chargeable against any creditor, producer or other entity.
5. In addition to any other authority granted to the commissioner pursuant to chapter 679B of NRS, if the commissioner determines that an audit or review required pursuant to this section is not being conducted or that there is reason to believe that the audit or review is not complete or is in some manner deficient, he may cause an audit or review to be conducted by the [division] department or by an independent auditor. The cost of this audit or review must be paid by the insurer.
Sec. 57. NRS 690A.240 is hereby amended to read as follows:
690A.240 1. The payment of compensation to a producer in excess of 40 percent of the net charge for premiums is prima facie a violation of the maximum allowable rates as prescribed in NRS 690A.200, 690A.210 and 690A.220.
2. Any insurer who pays or proposes to pay, directly or indirectly, compensation to a producer that totals more than 40 percent of the net charge for premiums for any policy or certificate shall submit credible statistics annually to the [division] department to confirm that the rates for the premiums used by the insurer produce a ratio of incurred losses to premium earned of not less than 50 percent. If the insurer cannot prove that ratio to the satisfaction of the commissioner with annual statistical information, the commissioner shall withdraw approval of the insurers schedule of rates, forms or both the schedule and the forms.
3. The commissioner may examine any agreement relating to the direct or indirect payment of primary or contingent compensation to a producer to determine whether any person is paying or receiving any form of compensation in violation of this section.
4. As used in this section, net charge for premiums means the amount of gross premiums received for credit insurance written, less any refund.
Sec. 58. NRS 690B.023 is hereby amended to read as follows:
690B.023 1. Except as otherwise provided in subsection 2, if security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall:
(a) Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must show:
(1) The name and address of the policyholder;
(2) The year, make and complete identification number of the insured vehicle or vehicles;
(3) The term of the insurance; and
(4) That the coverage meets the requirements set forth in NRS 485.185.
(b) Notify the registration division of the department of motor vehicles and public safety upon termination of the contract. This notice must be mailed to the [division] department within 14 days after the termination becomes final.
2. Paragraph (b) of subsection 1 does not apply to any contract of insurance on a:
(a) Motorcycle;
(b) Motor home;
(c) Mini motor home; or
(d) Chassis-mount camper.
κ1991 Statutes of Nevada, Page 1633 (CHAPTER 519, AB 728)κ
Sec. 59. NRS 692A.113 is hereby amended to read as follows:
692A.113 1. A title agent or title insurer shall notify the [division] department in writing within 10 days after any change in the name or the location of the business of the agent or insurer or any change of association by the holder of a license as an escrow officer. Upon the surrender of the existing license and payment of the required fee, the [division] department shall issue a new license to the agent or insurer for the unexpired term of the license.
2. An escrow officer who transfers his association must apply to the [division] department for the reissuance of his license. The [division] department shall reissue the license for the unexpired term upon application and payment of the required fee if:
(a) The transfer is into an association with a licensed title agent or title insurer; and
(b) The agent or insurer certifies that the escrow officer is employed or will be employed by the agent or insurer.
3. Failure to give notice as required by this section constitutes cause for the imposition of a fine not to exceed $500 against the licensee or the suspension or revocation of his license.
Sec. 60. NRS 692A.117 is hereby amended to read as follows:
692A.117 1. The commissioner shall classify as confidential the financial statements of a title agent, escrow officer and title insurer and those records and information obtained by the [division] department which:
(a) Are obtained from a governmental agency upon the express condition that they remain confidential.
(b) Consist of information compiled by the [division] department in the investigation of possible violations of this chapter. This paragraph does not limit examination by the legislative auditor or any other person pursuant to a court order.
2. The contents of the file for an escrow are confidential and, subject to the rights to discover the contents by subpena or other lawful process, must not be disclosed without the express written consent of one party of the escrow other than the holder of the escrow.
Sec. 61. NRS 692A.260 is hereby amended to read as follows:
692A.260 Each title insurer and title agent shall keep at all times in his principal place of business or branch office complete and suitable records of all escrow transactions made by him, together with books, papers and data clearly reflecting the financial condition of his business. Each title insurer and title agent shall, at the times required by the commissioner, make and file with [division] department a correct statement of his business in the form and containing the data the commissioner may require.
Sec. 62. NRS 692C.040 is hereby amended to read as follows:
692C.040 Commissioner means the commissioner of insurance, his deputies, or the [insurance division of the department of commerce,] department, as appropriate.
Sec. 62.1. NRS 695A.080 is hereby amended to read as follows:
695A.080 1. The commissioner may make such examination and require such further information as he deems advisable. Upon presentation of satisfactory evidence that the society has complied with all applicable provisions of law, he shall issue to the society a certificate of authority indicating that the society may transact business pursuant to the provisions of this chapter.
κ1991 Statutes of Nevada, Page 1634 (CHAPTER 519, AB 728)κ
of law, he shall issue to the society a certificate of authority indicating that the society may transact business pursuant to the provisions of this chapter.
2. The certificate of authority is prima facie evidence of the existence of the society on the date of the certificate.
3. The commissioner shall cause a record of the certificate of authority to be made. A certified copy of the record may be given in evidence with like effect as the original certificate of authority.
4. For the issuance or renewal of a certificate of authority, a society must pay to the commissioner a fee of [50.] $2,450. Each such certificate or renewal expires on March 1 following its issuance.
5. If a society properly applies for the renewal of its certificate of authority but does not receive approval of its application by March 1, it may continue to transact business pursuant to this chapter unless it receives notice that the application for renewal is specifically denied.
6. A certified copy or duplicate of a certificate of authority is prima facie evidence that the society may lawfully transact business in this state pursuant to the provisions of this chapter during the period stated on the license.
Sec. 62.2. NRS 695A.290 is hereby amended to read as follows:
695A.290 1. For each certificate or renewal of a certificate the society must pay to the commissioner a fee of [$50.] $2,450.
2. A certified copy or duplicate of a certificate is prima facie evidence that the society is a fraternal benefit society within the meaning of this chapter.
Sec. 62.3. NRS 695C.230 is hereby amended to read as follows:
695C.230 1. Every health maintenance organization subject to this chapter shall pay to the commissioner the following fees:
(a) For filing an application for a certificate of authority, [$500.] $2,450.
(b) For issuance of a certificate of authority, $250.
(c) For an amendment to a certificate of authority, $100.
(d) For the renewal of a certificate of authority, [$250.] $2,450.
(e) For filing each annual report, $25.
2. At the time of filing the annual report the health maintenance organization shall forward to the commissioner the tax and any penalty for nonpayment or delinquent payment of the tax in accordance with the provisions of chapter 680B of NRS.
3. All fees paid pursuant to this section shall be deemed earned when paid and may not be refunded. [All fees, except the tax imposed pursuant to subsection 2, must be distributed as follows:
(a) Fifty percent to the commissioner; and
(b) Fifty percent to the state board of health.]
Sec. 62.4. NRS 695D.130 is hereby amended to read as follows:
695D.130 The commissioner shall issue a certificate of authority to an organization for dental care after the organization has paid an application fee of [$500] $2,450 and the commissioner is satisfied that:
1. The persons responsible for operating the organization are competent, trustworthy, have not been convicted of a felony and have good reputations.
2. The plan for dental care includes care which is appropriate for the plan and the plan is appropriate for providing that care.
κ1991 Statutes of Nevada, Page 1635 (CHAPTER 519, AB 728)κ
3. The organization is financially responsible and may reasonably be expected to meet its obligations to its members. To determine financial responsibility the commissioner may consider:
(a) The organizationss arrangements for dental care and the schedule of charges to be used;
(b) The agreements with an insurer, government or any other organizations for ensuring payment for the dental care;
(c) Any provisions for alternative coverage if the plan for dental care is discontinued; and
(d) The agreements with the dentists providing dental care to the organizations members.
4. The appropriate deposits or bonds have been filed with the commissioner by the organization and its officers.
Sec. 62.5. NRS 695D.150 is hereby amended to read as follows:
695D.150 A certificate of authority expires at midnight on March 1 following the date it was issued or previously renewed. The commissioner shall renew the certificate of any organization for dental care which:
1. Continues to comply with the provisions of this chapter; and
2. Pays the fee for renewal of [$250.] $2,450.
Sec. 62.6. NRS 696A.150 is hereby amended to read as follows:
696A.150 Every certificate of authority issued to a motor club expires annually on March 1 unless it is revoked or suspended. The certificate may be renewed by paying to the commissioner an annual fee for renewal of [$250] $500 before the expiration of the certificate.
Sec. 62.7. NRS 696A.185 is hereby amended to read as follows:
696A.185 1. Every motor club shall file with the commissioner on or before March 1 of each year a report which summarizes its activities for the preceding calendar year. The report must be verified by at least two officers of the motor club.
2. The report must be on a form prescribed by the commissioner and must include:
(a) A financial statement for the motor club, including its balance sheet and receipts and disbursements for the preceding year, certified by an independent certified public accountant;
(b) Any material changes in the information given in the previous report;
(c) The number of members enrolled in the year;
(d) The costs of all services provided for that year; and
(e) Any other information relating to the motor club requested by the commissioner.
3. The motor club must pay to the commissioner [the fee for filing an annual report required by NRS 680B.010.] an annual fee of $500.
4. A motor club is not exempt from the provisions of NRS 679B.158.
Sec. 63. NRS 696B.550 is hereby amended to read as follows:
696B.550 1. The commissioner shall hold all hearings in summary proceedings privately unless the insurer requests a public hearing, in which case the hearing [shall] must be public.
2. The court may hold all hearings in summary proceedings and judicial reviews thereof privately in chambers, and shall do so on request of the insurer proceeded against.
κ1991 Statutes of Nevada, Page 1636 (CHAPTER 519, AB 728)κ
3. In all summary proceedings and judicial reviews thereof, all records of the insurer, other documents and all [division] department files and court records and papers, so far as they pertain to or are part of the record of the summary proceedings, [shall be and remain] are confidential except as necessary to obtain compliance therewith, unless the court after hearing arguments by the parties in chambers, orders otherwise, or unless the insurer requests that the matter be made public. Until the court otherwise orders, all papers filed with the clerk of the court [shall] must be held by him in a confidential file.
4. If at any time it appears to the court that any person whose interest is or will be substantially affected by an order did not appear at the hearing and has not been served, the court may order that notice be given and the proceedings be adjourned to give [such] the person an opportunity to appear, on such terms as may be reasonable and just.
Sec. 63.5. Section 2 of Assembly Bill No. 680 of this session is hereby amended to read as follows:
Sec. 2. NRS 679B.310 is hereby amended to read as follows:
679B.310 1. The commissioner may hold a hearing, without request by others, to determine whether an insurer or an employee of an insurer has engaged in unsuitable conduct and for any other purpose within the scope of this code.
2. The commissioner shall hold a hearing:
(a) If required by any other provision of this code; or
(b) Upon written application for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, regulation or order of the commissioner, other than an order for the holding of a hearing, or an order issued on a hearing of which the person had notice. The application must be filed in the department within 60 days after the person knew or reasonably should have known of the act, threatened act, failure, report, rule, regulation or order, unless a different period is provided for by any other law applicable to the particular matter, in which case the other law governs.
3. Any such application for a hearing must briefly state the respects in which the applicant is so aggrieved, together with the grounds to be relied upon as a basis for the relief to be sought at the hearing.
4. If the commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established and that [such] the grounds otherwise justify the hearing, he shall hold the hearing within 30 days after the filing of the application, unless postponed by mutual consent. Failure to hold the hearing upon application therefor of a person entitled thereto as provided in this section constitutes a denial of the relief sought, and is the equivalent of a final order of the commissioner on hearing for the purpose of an appeal pursuant to NRS 679B.370.
5. Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.
κ1991 Statutes of Nevada, Page 1637 (CHAPTER 519, AB 728)κ
Sec. 63.7. Section 340 of Assembly Bill No. 655 of this session is hereby amended to read as follows:
Sec. 340. 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, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. 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 manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.
2. Is responsible for the administration through the divisions of the department of the provisions of Titles 55 and 56 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,] chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.
4. For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
Sec. 64. NRS 41A.006, 679A.070, 679A.070, 679A.080, 679B.010, 680B.080, 680B.090, 680B.100 and 680B.110 are hereby repealed.
Sec. 65. The office of the advocate for insurance customers shall begin to carry out its duties as soon as practicable after July 1, 1991, but in no event later than January 1, 1992.
Sec. 66. The state controller shall transfer the balance of the account for the screening panels abolished by section 14 of this act to the account for the department of insurance in the state general fund as soon as all payments of money committed for expenditure have been made.
Sec. 67. The legislative counsel shall, in preparing the supplement to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is adopted or amended by another act, change any reference to the insurance division of the department of commerce to refer to the department of insurance.
κ1991 Statutes of Nevada, Page 1638 (CHAPTER 519, AB 728)κ
this act or is adopted or amended by another act, change any reference to the insurance division of the department of commerce to refer to the department of insurance.
Sec. 68. 1. This section and sections 1 to 62, inclusive, and 62.2 to 67, inclusive, of this act become effective on July 1, 1991.
2. Section 62.1 of this act becomes effective at 12:01 a.m. on January 1, 1992.
________
Assembly Bill No. 641Assemblymen Price, Anderson, Bennett, Wong, Garner, Bache, Elliott, Haller, Marvel, Johnson, Dini, Humke, McGaughey, Evans, Petrak, Stout, Callister, Norton, Pettyjohn, Goetting, Freeman, Arberry, McGinness, Gibbons, Wendell Williams and Myrna Williams
CHAPTER 520
AN ACT relating to the commission for the bicentennial of the United States Constitution; abolishing the commission; extending the date for the reversion of the remaining balance of the money appropriated to the commission; and providing other matters properly relating thereto.
[Approved July 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 236.080 is hereby repealed.
Sec. 2. Section 4 of chapter 482, Statutes of Nevada 1987, at page 1111, is hereby amended to read as follows:
Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after [June 30, 1991,] December 31, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. Section 3 of chapter 797, Statutes of Nevada 1989, at page 1939, is hereby amended to read as follows:
Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after [June 30, 1991,] December 31, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. 1. This section and sections 2 and 3 of this act become effective on June 30, 1991.
2. Section 1 of this act becomes effective on January 1, 1992.
________
κ1991 Statutes of Nevada, Page 1639κ
Assembly Bill No. 479Committee on Ways and Means
CHAPTER 521
AN ACT relating to low-income housing; authorizing the housing division of the department of commerce to act as the states agent for a certain federal housing program; 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 July 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 319.145 is hereby amended to read as follows:
319.145 1. The division is hereby designated as the housing credit agency for the State of Nevada, as that term is defined in 26 U.S.C. § 42(h)(7)(A), for the purpose of allocating and distributing credits for low-income housing pursuant to 26 U.S.C. § 42.
2. The division:
(a) May adopt regulations establishing procedures necessary for the proper allocation and distribution of credits for low-income housing pursuant to 26 U.S.C. § 42; and
(b) Shall exercise all powers necessary to administer the allocation and distribution of those credits.
3. The division may act for the State of Nevada as the agency to facilitate the states designation as a participating jurisdiction in the HOME Investment Partnership Act (42 U.S.C. §§ 12701 et seq.). Upon receiving such a designation, the division may exercise all powers necessary to administer the program.
Sec. 2. NRS 319.510 is hereby amended to read as follows:
319.510 1. Money deposited in the trust fund for low-income housing must be used:
(a) For the acquisition, construction or rehabilitation of housing for eligible families by public or private nonprofit charitable organizations, housing authorities or local governments through loans, grants or subsidies;
(b) To provide technical and financial assistance to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction or rehabilitation of housing for eligible families;
(c) To provide funding for projects of public or private nonprofit charitable organizations, housing authorities or local governments that provide assistance to or guarantee the payment of rent or deposits as security for rent for eligible families, including homeless persons;
(d) To reimburse the division for the costs of administering the fund; and
(e) In any other manner consistent with this section to assist eligible families in obtaining or keeping housing [.] , including use as the states contribution to facilitate the receipt of related federal money.
2. [The division shall not use more than $40,000 per year of the amount annually allocated] Except as otherwise provided in this subsection, the division may expend money from the fund as reimbursement for the necessary costs of efficiently administering the fund [.]
κ1991 Statutes of Nevada, Page 1640 (CHAPTER 521, AB 479)κ
costs of efficiently administering the fund [.] and any money received pursuant to 42 U.S.C. §§ 12701 et seq. In no case may the division expend more than $40,000 per year or an amount equal to 6 percent of any money made available to the state pursuant to 42 U.S.C. §§ 12701 et seq., whichever is greater. Of the remaining money allocated from the fund:
(a) Except as otherwise provided in subsection 3, 15 percent must be distributed to the welfare division of the department of human resources for use in its program developed pursuant to 45 C.F.R. § 233.120 to provide emergency assistance to needy families with children, subject to the following:
(1) The welfare division shall adopt regulations governing the use of the money that are consistent with the provisions of this section.
(2) The money must be used solely for activities relating to low-income housing that are consistent with the provisions of this section.
(3) The money must be made available to families that have children and whose income is at or below the federally designated level signifying poverty.
(4) All money provided by the Federal Government to match the money distributed to the welfare division pursuant to this section must be expended for activities consistent with the provisions of this section.
(b) Eighty-five percent must be distributed to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction and rehabilitation of housing for eligible families, subject to the following:
(1) Priority must be given to those projects that qualify for the federal tax credit relating to low-income housing.
(2) Priority must be given to those projects that anticipate receiving federal money to match the state money distributed to them.
(3) Priority must be given to those projects that have the commitment of a local government to provide assistance to them.
(4) All money must be used to benefit families whose income does not exceed 60 percent of the median income for families residing in the same county, as defined by the United States Department of Housing and Urban Development.
(5) Not less than 15 percent of the units acquired, constructed or rehabilitated must be affordable to persons whose income is at or below the federally designated level signifying poverty. For the purposes of this subparagraph, a unit is affordable if a family does not have to pay more than 30 percent of its gross income for housing costs, including both utility and mortgage or rental costs.
(6) To be eligible to receive money pursuant to this paragraph, a project must be sponsored by a local government.
3. The division may, pursuant to contract and in lieu of distributing money to the welfare division pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.
Sec. 3. NRS 375.020 is hereby amended to read as follows:
375.020 1. A tax, at the rate of [60] 65 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.
κ1991 Statutes of Nevada, Page 1641 (CHAPTER 521, AB 479)κ
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. 4. 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 in the following manner:
(a) An amount equal to that portion of the proceeds which is equivalent to [5] 10 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:
(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.
(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.
Sec. 5. 1. This section and sections 1 and 2 of this act become effective on July 1, 1991.
2. Sections 3 and 4 of this act become effective at 12:01 a.m. on July 1, 1991.
________
Senate Bill No. 68Committee on Judiciary
CHAPTER 522
AN ACT relating to eminent domain; revising the method of determining the value of property and the amount of interest paid in a proceeding for condemnation; and providing other matters properly relating thereto.
[Approved July 3, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 37.120 is hereby amended to read as follows:
37.120 1. [For the purpose of assessing] To assess compensation and damages [, the right thereto shall be deemed to have accrued at the date of the service of summons, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed,] as provided in NRS 37.110, the date of the first service of the summons is the date of valuation, except that:
κ1991 Statutes of Nevada, Page 1642 (CHAPTER 522, SB 68)κ
such damages are allowed,] as provided in NRS 37.110, the date of the first service of the summons is the date of valuation, except that:
(a) [In any action pending on April 4, 1965, in which the issue is not tried within 3] If the action is not tried within 2 years after the date of the commencement of the action [, unless] and the delay is caused primarily by the [defendant, the right to compensation and damages shall be deemed to have accrued at the date of service of summons or at the date of trial,] plaintiff, the date of valuation is the date of the first service of the summons or the date of the trial, whichever results in the greater compensation and damages. [As used in this paragraph, primarily is construed to mean the last act of either party that would carry the action past 3 years.
(b) In any action commenced after April 4, 1965, in which the issue is not tried within 2 years after the date of commencement of the action, unless the delay is caused primarily by the defendant, the right to compensation and damages shall be deemed to have accrued at the date of service of summons or at the date of trial, whichever results in the greater compensation and damages. As used in this paragraph, primarily is construed to mean the last act of either party that would carry the action past 2 years.]
(b) If the action is not tried within 2 years after the date of the commencement of the action, and the delay is caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants, the date of valuation is the date of the first service of summons or the date of the trial, whichever results in the lesser compensation and damages.
2. No improvements put upon the property [subsequent to] after the date of the service of the summons [shall] may be included in the assessment of compensation or damages, regardless of the date [upon which the right to compensation and damages is deemed to have accrued.] of valuation.
3. As used in this section:
(a) Date of valuation means the date on which the value of the property actually taken, and the damages, if any, to the remaining property, must be determined.
(b) Primarily means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all the defendants, that would cause the date of the trial to be continued past 2 years after the commencement of the action.
Sec. 2. NRS 37.175 is hereby amended to read as follows:
37.175 1. [The] Except as otherwise provided in this section, the plaintiff shall pay interest on the final judgment [at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
2. The interest runs from the date of entry of judgment or, if the plaintiff has occupied the property of the defendant pursuant to the provisions of NRS 37.100, from the date fixed by order on which the plaintiff was entitled to occupancy, until the final judgment is satisfied.] on the difference between the amount deposited pursuant to NRS 37.100 or 37.170 and the sum of the amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorneys fees, at the following rates:
κ1991 Statutes of Nevada, Page 1643 (CHAPTER 522, SB 68)κ
amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorneys fees, at the following rates:
(a) From the date of the commencement of the action to the date of the final judgment, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the commencement of the action, as reported in the Federal Reserve Bulletin published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the commencement of the action. The interest must be compounded annually.
(b) From the date of the final judgment to the date the judgment is satisfied, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the final judgment, as reported in the Federal Reserve Bulletin published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the final judgment. The interest must be compounded annually.
2. The plaintiff is not required to pay interest on any amount deposited pursuant to the provisions of NRS 37.100 or 37.170.
3. No interest is required to be paid for the period from the date of a trial which is continued past 2 years after the commencement of the action, until the date of entry of judgment, if the continuance was caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants. As used in this subsection primarily means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all defendants that would cause the trial to be continued past 2 years after the commencement of the action.
Sec. 3. The amendatory provisions of this act apply to any action for condemnation commenced on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 222Committee on Judiciary
CHAPTER 523
AN ACT relating to controlled substances; amending the Uniform Controlled Substances Act to incorporate the revisions recommended by the National Conference of Commissioners on Uniform State Laws in 1990; and providing other matters properly relating thereto.
[Approved July 3, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
κ1991 Statutes of Nevada, Page 1644 (CHAPTER 523, AB 222)κ
Sec. 2. 1. Controlled substance analog means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance placed in schedule I or II and:
(a) Which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance placed in schedule I or II pursuant to NRS 453.166 or 453.176; or
(b) With respect to a particular person, which he represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.
2. The term does not include:
(a) A controlled substance;
(b) A substance for which there is an approved new drug application;
(c) A substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355) to the extent conduct with respect to the substance is permitted by the exemption; or
(d) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
Sec. 3. Isomer means an optical isomer, but in subsection 5 of NRS 453.101 the term includes a geometric isomer.
Sec. 4. Person includes a government or a governmental subdivision or agency.
Sec. 5. The board, without regard to the findings required by NRS 453.166, 453.176, 453.186, 453.196, 453.206 or subsection 4 of NRS 453.146 or the procedures prescribed by subsections 1 to 4, inclusive, of NRS 453.146, may add an immediate precursor to the same schedule in which the controlled substance of which it is an immediate precursor is included or to in any other schedule. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
Sec. 6. If a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the board shall similarly treat the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984 (21 U.S.C. § 811(h)), unless within the 60-day period, the board or an interested party objects to the treatment of the substance. If no objection is made, the board shall adopt, without making the determinations or findings required by NRS 453.166, 453.176, 453.186, 453.196, 453.206 or subsections 1 to 4, inclusive, of NRS 453.146, a final regulation treating the substance. If an objection is made, the board shall make a determination with respect to the treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the treatment by the board, the board shall publish notice of the receipt of the objection, and action by the board is stayed until the board adopts a regulation as provided by subsection 4 of NRS 453.146.
κ1991 Statutes of Nevada, Page 1645 (CHAPTER 523, AB 222)κ
the board, the board shall publish notice of the receipt of the objection, and action by the board is stayed until the board adopts a regulation as provided by subsection 4 of NRS 453.146.
Sec. 7. The board, by extraordinary regulation and without regard to the requirements of subsections 1, 2 and 3 of NRS 453.146 may schedule a substance in schedule I, whether or not the substance is substantially similar to a controlled substance included in schedule I or II, if the board finds that scheduling of the substance by extraordinary regulation is necessary to avoid an imminent hazard to the public safety and the substance is not in any other schedule and no exemption or approval is in effect for the substance under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355). Upon receipt of notice under section 10 of this act, the board shall initiate scheduling of the controlled substance analog by extraordinary regulation pursuant to this section. The scheduling of a substance under this section expires 1 year after the adoption of the extraordinary regulation. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law and the factors set forth in paragraphs (d), (e) and (f) of subsection 2 of NRS 453.146, and may also consider clandestine importation, manufacture or distribution, and if available, information concerning the other factors set forth in subsection 2 of NRS 453.146. An extraordinary regulation may not be adopted under this section until the board initiates a proceeding to adopt a regulation pursuant to subsections 1 to 4, inclusive, of NRS 453.146 with respect to the substance. An extraordinary regulation adopted under this section lapses upon the conclusion of the proceeding initiated under subsections 1 to 4, inclusive, of NRS 453.146 with respect to the substance.
Sec. 8. 1. Authority to control pursuant to NRS 453.146 and sections 5, 6 and 7 of this act does not extend to distilled spirits, wine, malt beverages or tobacco.
2. The board shall not include any nonnarcotic substance on any schedule if that substance is in a form suitable for final dosage and has been approved by the Food and Drug Administration for sale over the counter without a prescription, unless the board affirmatively finds that:
(a) The substance itself or one or more of its active ingredients is an immediate precursor of a controlled substance; and
(b) The substance is materially misbranded or mislabeled, or the public interest requires the scheduling of the substance as a controlled substance in schedule I, II, III or IV.
3. In determining whether the public interest requires the scheduling of the substance, the board shall consider:
(a) Whether the customary methods of marketing and distributing the substance are likely to lead to its unlawful distribution or use, including any relevant information with regard to a manufacturer or distributor of the substance concerning:
(1) His record of compliance with applicable federal, state and local statutes, ordinances and regulations;
κ1991 Statutes of Nevada, Page 1646 (CHAPTER 523, AB 222)κ
(2) His past experience in the manufacture and distribution of controlled substances, and the existence in his establishment of effective controls against the unlawful distribution or use of the substance;
(3) Whether he has ever been convicted under any federal or state law relating to a controlled substance; and
(4) Whether he has ever furnished materially falsified or fraudulent material in any application filed pursuant to NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act.
(b) Whether the substance is controlled under the federal Controlled Substances Act;
(c) The status of any pending proceeding to determine whether the substance should be controlled or exempted from control;
(d) Any history of abuse or misuse of the substance in this state; and
(e) Any other factors which are relevant to the public health and safety.
4. In determining whether a substance is misbranded or mislabeled, the board shall consider the requirements of the federal Food, Drug, and Cosmetic Act and the Code of Federal Regulations concerning indications for its use and any advertising for a use not so indicated.
Sec. 9. The board may place a substance in schedule I, II, III, IV or V without making the findings respectively required for those schedules if the substance is controlled under the corresponding schedule of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.
Sec. 10. A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act, as a substance included in schedule I. Within 30 days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the district attorney shall notify the board of information relevant to scheduling by extraordinary regulation as provided for in section 7 of this act. If the board finally determines, that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.
Sec. 11. 1. In this section, diversion means the transfer of a controlled substance from a lawful to an unlawful channel of distribution or use.
2. The division shall regularly prepare and make available to other state regulatory, licensing and law enforcement agencies a report on the patterns and trends of distribution, diversion and abuse of controlled substances.
3. The board and the division may enter into written agreements with local, state and federal agencies to improve identification of sources of diversion and to improve enforcement of and compliance with NRS 453.011 to 453.348, inclusive, and sections 2 to 5, inclusive, of this act and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent or control diversion and abuse of controlled substances. The board and the division may convene periodic meetings to coordinate a state program to prevent and control diversion. The board and the division may arrange for cooperation and exchange of information among agencies and with other states and the Federal Government.
κ1991 Statutes of Nevada, Page 1647 (CHAPTER 523, AB 222)κ
and exchange of information among agencies and with other states and the Federal Government.
4. The division shall report annually to the governor and biennially to the presiding officer of each house of the legislature on the outcome of the program with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances in this state.
Sec. 12. 1. If a person who has not previously been convicted within the past 10 years of any offense under NRS 453.011 to 453.552, inclusive, and sections 2 to 5, inclusive, of this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, nolo contendere or similar plea to a charge of possession of a controlled substance under NRS 453.336, or is found guilty of that charge, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation. Such a program must include frequent urinalysis to determine that the accused is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
2. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in paragraph (a) or (d) of subsection 2 of NRS 453.336. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the department of parole and probation solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.
3. Except as otherwise provided in subsection 4, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.
4. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
κ1991 Statutes of Nevada, Page 1648 (CHAPTER 523, AB 222)κ
Sec. 13. Members and investigators of the board, inspectors of the Food and Drug Administration, agents of the Drug Enforcement Administration, and agents of the division are authorized to remove the original prescription for a controlled substance from the files of a pharmacy if the prescription is to be used as evidence in a contemplated criminal or civil action or administrative proceeding. The person removing the prescription shall:
1. Affix the name and address of the pharmacy to the back of the prescription;
2. Affix his initials, and cause the pharmacist on duty to affix his initials, and note the date of the removal on the back of the prescription;
3. Affix the name of the agency for which he is removing the prescription;
4. Provide a receipt for the prescription to the pharmacy; and
5. Return a photostatic copy of both sides of the prescription to the pharmacy within 5 working days after removal.
Sec. 14. NRS 453.011 is hereby amended to read as follows:
453.011 1. NRS 453.011 to 453.348, inclusive, and sections 2 to 12, inclusive, of this act may be cited as the Uniform Controlled Substances Act [.] (1990.)
2. The Uniform Controlled Substances Act [is designed to supplant the Uniform Narcotic Act as enacted by chapter 23, Statutes of Nevada 1937.] (1990) is substituted in a continuing way for the provisions of NRS 453.011 to 453.348, inclusive, except as those provisions are specifically amended.
Sec. 15. NRS 453.016 is hereby amended to read as follows:
453.016 As used in [NRS 453.011 to 453.730, inclusive,] this chapter, the words and terms defined in NRS 453.021 to 453.141, inclusive, section 45 of Assembly Bill No. 422 of this session, and section 10 of [this act,] Assembly Bill No. 550 of this session and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.
Sec. 16. NRS 453.021 is hereby amended to read as follows:
453.021 Administer means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject [.] by:
1. A practitioner or, in the practitioners presence, by the practitioners authorized agent; or
2. The patient or research subject at the direction and in the presence of the practitioner.
Sec. 17. (Deleted by amendment.)
Sec. 18. NRS 453.056 is hereby amended to read as follows:
453.056 1. [Dispense means the furnishing of a controlled substance in any amount greater than that which is necessary for the present and immediate needs of the ultimate user.] Except as limited by subsection 2, dispense means to deliver a controlled substance to an ultimate user, patient or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
2. The term does not include the furnishing of a controlled substance by a hospital pharmacy for inpatients.
κ1991 Statutes of Nevada, Page 1649 (CHAPTER 523, AB 222)κ
Sec. 19. NRS 453.086 is hereby amended to read as follows:
453.086 Immediate precursor means a substance [which] :
1. Which the board has found to be and by regulation [designates as being] has designated to be the principal compound commonly used or produced primarily for use [, and which is an immediate chemical intermediary used or likely to be used] in the manufacture of a controlled substance [the control of which is necessary to prevent, curtail or limit manufacture.] ;
2. Which is a chemical intermediary used or likely to be used in the manufacture of the controlled substance; and
3. The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
Sec. 20. NRS 453.101 is hereby amended to read as follows:
453.101 Narcotic drug means any of the following, [whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means or chemical synthesis, or by a combination of extraction and chemical synthesis:
1. Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate.
2. Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subsection 1, but not including the isoquinoline alkaloids of opium.
3. Opium poppy and poppy straw.
4. Coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.] however manufactured:
1. Opium, opium derivative, and any derivative of either, including their salts, isomers and salts of isomers but not including isoquinoline alkaloids of opium;
2. Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers;
3. Poppy straw and concentrate of poppy straw;
4. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
5. Cocaine, or any salt, isomer or salt of isomer of cocaine;
6. Cocaine base;
7. Ecgonine, or any derivative, salt, isomer or salt of isomer of ecgonine; and
8. A compound, mixture or preparation containing any quantity of a substance listed in this section.
Sec. 21. NRS 453.106 is hereby amended to read as follows:
453.106 1. Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability, including [racemic and levorotatory forms.] opium, opium derivatives and synthetic opiates.
κ1991 Statutes of Nevada, Page 1650 (CHAPTER 523, AB 222)κ
2. Opiate does not include, unless specifically designated as controlled under NRS 453.146, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) [.] but includes the racemic and levorotatory forms of dextromethorphan.
Sec. 22. NRS 453.126 is hereby amended to read as follows:
453.126 Practitioner means:
1. A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state and is registered pursuant to this chapter.
2. An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other institution licensed , [or] registered or otherwise permitted by this state to distribute, dispense, conduct research with respect to , [or] to administer , or use in teaching or chemical analysis, a controlled substance in the course of professional practice [in this state.] or research.
4. A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, when he possesses or administers sodium pentobarbital pursuant to his license and registration.
Sec. 23. NRS 453.131 is hereby amended to read as follows:
453.121 Production includes the [manufacture,] manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance [.] is derived.
Sec. 24. NRS 453.136 is hereby amended to read as follows:
453.136 State [, when applied to a part] means a state of the United States, [includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United State of America.] the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
Sec. 25. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a controlled substance.
κ1991 Statutes of Nevada, Page 1651 (CHAPTER 523, AB 222)κ
3. The board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.
4. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.
[4.] 5. The board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The board may not designate as a controlled substance an anabolic steroid which is:
(a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and
(b) Approved by the Food and Drug Administration for such use.
[5. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
6. If any substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law and notice thereof is given to the board, the board shall similarly control the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion pursuant to the provisions of NRS 453.011 to 453.552, inclusive, by the board, control under such sections is stayed until the board publishes its decision.
7. Authority to control pursuant to this section does not extend to distilled spirits, wine, malt beverages or tobacco.
8. The board shall not include any nonnarcotic substance on any schedule it that substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.]
Sec. 26. NRS 453.151 is hereby amended to read as follows:
453.151 1. The board and the division shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the board and division may:
(a) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(b) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(c) Cooperate with the Drug Enforcement Administration by establishing a centralized unit to accept, catalog, file and collect statistics, including records of drug-dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. The board and the division shall not furnish the name or identity of a patient or research subject whose identity could not be obtained pursuant to NRS 453.157; and
κ1991 Statutes of Nevada, Page 1652 (CHAPTER 523, AB 222)κ
the name or identity of a patient or research subject whose identity could not be obtained pursuant to NRS 453.157; and
(d) Conduct programs of eradication aimed at destroying the wild [or illicit] growth or illicit propagation of plant species from which controlled substances may be extracted.
2. Results, information and evidence received from the Drug Enforcement Administration relating to the regulatory functions of the provisions of NRS 453.011 to 453.552, inclusive, including results of inspections conducted by it, may be relied and acted upon by the board [and division] in the exercise of [their] its regulatory functions pursuant to NRS 453.011 to 453.552, inclusive [.] , and sections 2 to 13, inclusive, of this act.
Sec. 27. NRS 453.155 is hereby amended to read as follows:
453.155 1. The board or division , in cooperation with the health division of the department, may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the board or division may:
(a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(d) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to [combat] alleviate them; and
(f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
2. The board [and the division] shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act, it may:
(a) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(b) Make studies and undertake programs of research to:
(1) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of such sections;
(2) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(3) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and
(c) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.
κ1991 Statutes of Nevada, Page 1653 (CHAPTER 523, AB 222)κ
3. The board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subject of the research. [Persons who obtain] A person who obtains this authorization [are] is not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
4. The board may authorize the possession and distribution of controlled substances by persons engaged in research. [Persons who obtain] A person who obtains this authorization [are] is exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. The board shall promptly notify the division of any such authorization.
Sec. 28. (Deleted by amendment.)
Sec. 29. NRS 453.176 is hereby amended to read as follows:
453.176 The board shall place a substance in schedule II if it finds that:
1. The substance has high potential for abuse;
2. The substance has [currently] accepted medical use in treatment in the United States, or [currently] accepted medical use with severe restrictions; and
3. The abuse of the substance may lead to severe [psychic] psychological or physical dependence.
Sec. 30. NRS 453.206 is hereby amended to read as follows:
453.206 The board shall place a substance in schedule V if it finds that [the substance has:
1. Low] :
1. The substance has a low potential for abuse relative to [the controlled] substances listed in schedule IV;
2. [Currently] The substance has accepted medical use in treatment in the United States; and
3. [Limited] Abuse of the substance may lead to limited physical dependence or psychological dependence [liability] relative to the [controlled] substances listed in schedule IV.
Sec. 31. NRS 453.211 is hereby amended to read as follows:
453.211 The board shall [revise and republish the schedules semiannually for 2 years from January 1, 1972, and thereafter] publish revised schedules annually. Failure to publish revised schedules is not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act.
Sec. 32. NRS 453.221 is hereby amended to read as follows:
453.221 The board may adopt regulations and charge reasonable fees relating to the registration and control of the [possession, administering, prescribing] manufacture, distribution and dispensing of controlled substances within this state.
Sec. 33. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who [possesses, administers, prescribes] manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the [possession, administering, prescribing] manufacture, distribution or dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.
κ1991 Statutes of Nevada, Page 1654 (CHAPTER 523, AB 222)κ
controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.
2. [Persons] A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act to [possess, administer, dispense, prescribe] manufacture, distribute, dispense or conduct research with controlled substances may possess, [administer, dispense, prescribe] manufacture, distribute, dispense or conduct research with those substances to the extent authorized by [their] the registration and in conformity with the other provisions of those sections.
3. The following persons need not register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive [:] , and sections 2 to 13, inclusive, of this act:
(a) An agent or employee of [any] a registered manufacturer, distributor or dispenser of [any] a controlled substance if he is acting in the usual course of his business or employment; [or]
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment [.
4. A] ; or
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, dentist, podiatrist or veterinarian or in lawful possession of a schedule V substance . [need not register pursuant to the provisions of NRS 453.011 to 453.552, inclusive.
5. The persons specified in subsection 2 of NRS 453.375 need not register and may lawfully possess and administer controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive.
6.] 4. The board may waive the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.
[7.] 5. A separate registration is required at each principal place of business or professional practice where the applicant [possesses, administers, prescribes] manufactures, distributes or dispenses controlled substances.
[8.] 6. The board may inspect the establishment of a registrant or applicant for registration in accordance with the boards regulations:
Sec. 34. NRS 453.231 is hereby amended to read as follows:
453.231 1. The board shall register an applicant to [possess, administer, dispense or prescribe] manufacture or distribute controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest.
[2.] In determining the public interest, the board shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific , research or industrial channels;
(b) Compliance with [applicable federal,] state and local law;
(c) [Any convictions] Promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;