[Rev. 2/12/2019 1:40:52 PM]
κ1991 Statutes of Nevada, Page 1655 (CHAPTER 523, AB 222)κ
(d) Convictions of the applicant pursuant to [any federal and] laws of another country or federal or state laws relating to [any] a controlled substance;
[(d)] (e) Past experience of the applicant in the [possession, administering, dispensing and prescribing] manufacture or distribution of controlled substances, and the existence in the applicants establishment of effective controls against diversion [;
(e)] of controlled substances into other than legitimate medical, scientific research or industrial channels;
(f) Furnishing by the applicant of false or fraudulent material in [any] an application filed pursuant to the provisions of NRS 453.011 to 453.552, inclusive [;
(f)] , and sections 2 to 13, inclusive, of this act;
(g) Suspension or revocation of the applicants federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and
[(g)] (h) Any other factors relevant to and consistent with the public health and safety.
[3.] 2. Registration pursuant to [subsections 1 and 2 does not entitle] subsection 1 entitles a registrant to [possess, administer, dispense or prescribe controlled substances] manufacture or distribute a substance included in schedules I or II [other than those] only if it is specified in the registration.
[4. Prescribing practitioners]
3. A practitioner must be registered [to dispense any controlled substances or to conduct research with controlled substances] before dispensing a controlled substance or conducting research with respect to a controlled substance included in schedules II to V, inclusive . [, if they are authorized to dispense or conduct research pursuant to the laws of this state.
5.] The board need not require separate registration pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act for practitioners engaging in research with nonnarcotic controlled substances included in schedules II to V, inclusive, if the registrant is already registered in accordance with the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act in another capacity.
[6. Prescribing practitioners] A practitioner registered in accordance with federal law to conduct research with a substance included in schedule I [substances] may conduct research with [schedule I substances within] the substance in this state upon furnishing the board evidence of [that] the federal registration.
[7. Compliance by dispensers and prescribing practitioners with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered in accordance with the provisions of NRS 453.011 to 453.552, inclusive.]
4. A manufacturer or distributor registered under the federal Controlled Substances Act (21 U.S.C. §§ 801 et seq.,) may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. The board may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act.
κ1991 Statutes of Nevada, Page 1656 (CHAPTER 523, AB 222)κ
Sec. 35. NRS 453.232 is hereby amended to read as follows:
453.232 Any person who [possesses, administers, prescribes] manufactures, distributes or dispenses a controlled substance without being registered by the board if required by NRS 453.231 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
Sec. 36. NRS 453.236 is hereby amended to read as follows:
453.236 1. [If a person who is registered in accordance with the provisions of NRS 453.231 is convicted of a felony for a violation of any federal or state law concerning drugs or chemicals, that conviction operates as an immediate suspension of the registration. The person so convicted may apply to the board for reinstatement at any time.
2. A] The board may suspend or revoke a registration pursuant to NRS 453.231 to [possess, administer, dispense or prescribe] manufacture, distribute or dispense a controlled substance [may be suspended or revoked by the board] upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in [any] an application filed pursuant to NRS 453.011 to 453.552, inclusive [;
(b) Had his registration or license to possess, administer, dispense or prescribe controlled substances revoked in any state;] , and sections 2 to 13, inclusive, of this act;
(b) Been convicted of a felony under a state or federal law relating to a controlled substance;
(c) Had his federal registration to [possess, administer, dispense or prescribe] manufacture, distribute or dispense controlled substances suspended or revoked [;
(d) Surrendered or failed to renew his federal registration;
(e) Ceased to be entitled by state law to possess, administer, dispense or prescribe a controlled substance;
(f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels;
(g) Failed to keep complete and accurate records of controlled substances purchased, administered or dispensed independent of the individual patients chart or medical record; or
(h) Failed to comply with any provision of this chapter or any of the statutes of the United States, federal regulations, other statutes of this state or regulations of the board relating to controlled substances or dangerous drugs.
3. A registrant whose default has been entered or who has been heard by the board and found guilty of the violation alleged in the accusation may be disciplined by the board by one or more of the following methods:
(a) Suspending judgment;
(b) Placing the registrant on probation, subject to such terms and conditions as the board deems appropriate;
(c) Suspending the right of a registrant to use a registration or any schedule thereof;
(d) Revoking the registration or any schedule thereof;
(e) Imposition of a public or private reprimand; or
κ1991 Statutes of Nevada, Page 1657 (CHAPTER 523, AB 222)κ
(f) Imposition of a fine not to exceed $1,000 for each count of the accusation.
Such an action by the board is final, except that the propriety of the action is subject to review upon questions of law by a court of competent jurisdiction.
4.] and is no longer authorized by federal law to manufacture, distribute or dispense such substances; or
(d) Committed an act that would render registration under NRS 453.231 inconsistent with the public interest as determined pursuant to that section.
2. The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
3. If a registration is suspended or revoked, the board may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation . [order may be placed under seal.] No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. [Upon an order for the revocation of a license becoming final, all] When a revocation becomes final, the court may order the controlled substances [may be] forfeited to the state.
4. The board may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner permitted by the registration. The controlled substance must be held for the benefit of the registrant or his successor in interest. The board shall notify a registrant, or his successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The board may not dispose of a controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The board may recover costs it incurred in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled substance, or from both. The board shall pay to the registrant or his successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.
5. The board shall promptly notify the Drug Enforcement Administration and division of all orders suspending or revoking registration and the division shall promptly notify the Drug Enforcement Administration and the board of all forfeitures of controlled substances.
6. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacists certificate has been suspended or revoked.
Sec. 37. NRS 453.241 is hereby amended to read as follows:
453.241 1. Administrative proceedings by the board to deny, suspend or revoke a registration must be initiated, conducted and concluded pursuant to the provisions of NRS 639.241 to 639.257, inclusive, without regard to any criminal prosecution or other proceeding [.] , but instead of the methods of discipline provided in paragraphs (c) and (d) of subsection 1 of NRS 639.255, the board shall:
κ1991 Statutes of Nevada, Page 1658 (CHAPTER 523, AB 222)κ
discipline provided in paragraphs (c) and (d) of subsection 1 of NRS 639.255, the board shall:
(a) Suspend the right of the registrant to use his registration or a schedule thereof; or
(b) Revoke the registration or a schedule thereof.
2. Proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.
3. The board may suspend, [prior to] before the hearing, any registration with the institution of proceedings under NRS 453.236, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction. In the event of such a suspension the board shall conduct a hearing at the earliest possible date, but in any event, the hearing must be conducted no later than 15 days [from] after the date of suspension unless a continuance is requested by the registrant or the registrant otherwise prevents the holding of the hearing.
Sec. 37.5. NRS 453.246 is hereby amended to read as follows:
453.246 Persons registered to manufacture, distribute or dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act, shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of state and federal law and with any additional regulations the board issues.
Sec. 38. NRS 453.256 is hereby amended to read as follows:
453.256 1. [Except] As used in this section, medical treatment includes dispensing or administering a narcotic drug for pain, whether or not intractable.
2. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, and as otherwise provided in subsection [2, a controlled] 3, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.
[2. In emergency situations,]
3. In an emergency, as defined by regulation of the board, a substance included in schedule II [drugs] may be dispensed upon oral prescription of a practitioner [. Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacy. Prescriptions must be retained] , reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. No prescription for a [schedule II substance] substance included in schedule II may be refilled.
[3. A controlled substance included in schedules III or IV]
4. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner.
κ1991 Statutes of Nevada, Page 1659 (CHAPTER 523, AB 222)κ
without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
[4. A controlled substance must not be distributed or dispensed other than for a medical purpose.
5. A practitioner shall not knowingly issue a false or misleading prescription.
6.] 5. A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
6. A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his profession.
7. No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
8. An individual practitioner may not dispense a substance included in schedule II, III or IV for his own personal use except in a medical emergency.
9. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 39. NRS 453.261 is hereby amended to read as follows:
453.261 1. The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:
(a) When authorized by an administrative warrant for inspection issued pursuant to NRS 453.266, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the division or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(b) When authorized by an administrative warrant for inspection, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the division or the board may:
(1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.552, inclusive [;] , and sections 2 to 13, inclusive, of this act;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on any violation of the provisions of NRS 453.011 to 453.552, inclusive [;] , and sections 2 to 13, inclusive, of this act; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
2. [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.
κ1991 Statutes of Nevada, Page 1660 (CHAPTER 523, AB 222)κ
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:
(a) Affix the name and address of the pharmacy to the back side of the prescription;
(b) 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;
(c) Affix the name of the agency for which he is removing the prescription;
(d) Provide a receipt for the prescription to the pharmacy; and
(e) Return a photostatic copy of both sides of the prescription to the pharmacy within 5 working days after removal.
3.] This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator or agent in charge of the controlled premises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionally required.
[4.] 3. An inspection authorized by this section must not extent to financial data or sales data, other than data for shipment or pricing, unless the owner, operator or agent in charge of the controlled premises consents in writing.
[5.] 4. For purposes of this section, controlled premises means:
(a) Places where persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act are required to keep records;
(b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552, inclusive, and sections 2 to 13, inclusive, of this act are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; and
(c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.
Sec. 40. NRS 453.336 is hereby amended to read as follows:
453.336 1. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive [.] , and sections 2 to 13, inclusive, of this act.
2. Except as otherwise provided in subsections 3 and 4 and in section 12 of this act, and unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, any person who violates this section shall be punished:
κ1991 Statutes of Nevada, Page 1661 (CHAPTER 523, AB 222)κ
(a) For the first offense, if the controlled substance is listed in schedule I, II, III or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, of if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.
(d) For the first offense, if the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.
(e) For a second or subsequent offense, if the controlled substance is listed in schedule V, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
3. Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first offense:
(1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or
(2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his drivers license suspended for not more than 6 months.
(b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.
(c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.
4. Before sentencing under the provisions of subsection 3 [,] for a first offense, the court shall require the parole and probation officer to submit a presentencing report or the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
κ1991 Statutes of Nevada, Page 1662 (CHAPTER 523, AB 222)κ
[5. Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.552, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulate, depressant and hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance not for the purpose of sale, the court, with the consent of the accused, may impose sentence, including a fine, suspend imprisonment and place him on probation upon terms and conditions. A person sentenced pursuant to this subsection whose probation is revoked shall be punished in this manner prescribed by paragraph (a) or (d) of subsection 2, whichever is appropriate.
6. The court shall not suspend the execution of a sentence of imprisonment of a person sentenced pursuant to subsection 5 or seal his record more than once.]
Sec. 41. NRS 453.3365 is hereby amended to read as follows:
453.3365 1. Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order, if the:
(a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and
(b) Court, after a hearing, is satisfied that the person is rehabilitated.
2. [In the case of a person who is sentenced and convicted pursuant to subsection 5 of NRS 453.336,] Except as limited by subsection 4, 3 years after an accused is discharged from probation pursuant to section 12 of this act, the court shall order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order if the person fulfills the terms and conditions imposed by the court and the department of parole and probation. The court shall order those records sealed without a hearing unless the department of parole and probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
3. If the court orders sealed the record of a person [sentenced] discharged pursuant to [subsection 5 of NRS 453.336,] section 12 of this act, it shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
4. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
Sec. 42. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
1. [If registered by the board:
(a)] A practitioner.
[(b)] 2. A physicians assistant at the direction of his supervising physician.
[2. Without being registered with the board:
κ1991 Statutes of Nevada, Page 1663 (CHAPTER 523, AB 222)κ
(a)] 3. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
[(1)] (a) From an original container which has been furnished as floor or ward stock;
[(2)] (b) From a container dispensed by a registered pharmacist pursuant to a prescription or furnished pursuant to a chart order; or
[(3)] (c) Furnished by a practitioner.
[(b)] 4. In a pharmacy in a correctional institution, a registered nurse licensed to practice professional nursing or a licensed practical nurse, in multiple doses for administration in single doses to prisoners in that institution.
[(c)] 5. An advanced emergency medical technician as authorized by regulation of the state board of health.
[(d)] 6. A respiratory therapist, at the direction of a physician.
[(e)] 7. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
[(1)] (a) In the presence of a physician or a registered nurse; or
[(2)] (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.
A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
[(f)] 8. A medical intern in the course of his internship.
[(g)] 9. An ultimate user as defined in this chapter.
[3.] 10. A person designated by the head of a correctional institution which does not contain a pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
Sec. 43. NRS 453.381 is hereby amended to read as follows:
453.381 1. [A] In addition to the limitations imposed by NRS 453.256, a physician, dentist or podiatrist may prescribe [, administer or dispense] or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess [, administer and dispense] and administer controlled substances, and he may cause them to be administered by an animal technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, dentist, podiatrist or veterinarian.
κ1991 Statutes of Nevada, Page 1664 (CHAPTER 523, AB 222)κ
5. Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of the physician, dentist, podiatrist or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale [distributor] supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide [a drug sample of any such controlled substance to a registrant. As used in this subsection, drug sample has the meaning ascribed to it in section 2 of this act.] samples of such a controlled substance to registrants.
7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.
Sec. 44. (Deleted by amendment.)
Sec. 45. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to [subsection 5 of NRS 453.336;] section 12 of this act; or
(b) Five years for a felony, except that for a felony involving a violation of the provisions of NRS 484.3795 the period must not be more than 10 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
κ1991 Statutes of Nevada, Page 1665 (CHAPTER 523, AB 222)κ
4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
Sec. 46. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University of Nevada System.
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) The office of the state engineer.
2. The department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
(b) Chapters 616 and 617 of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
5. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
6. The provisions of this chapter do not apply to [any] :
(a) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control [.] ; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to section 7 of this act.
κ1991 Statutes of Nevada, Page 1666 (CHAPTER 523, AB 222)κ
Sec. 47. Section 4 of Assembly Bill No. 501 of this session is hereby repealed.
Sec. 48. 1. This section and section 47 of this act become effective upon passage and approval.
2. Sections 15, 22, 32 to 36, inclusive, 37.5, 43, 45 and 46 of this act become effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 444Committee on Ways and Means
CHAPTER 524
AN ACT making an appropriation to the office of the governor for computer hardware; 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. There is hereby appropriated from the state general fund to the office of the governor the sum of $105,664 for the acquisition of computer hardware.
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.
________
κ1991 Statutes of Nevada, Page 1667κ
Assembly Bill No. 320Assemblymen Freeman, Giunchigliani, Bache, Arberry, Spitler, Anderson, Evans, Norton, Dini, Bennett, Kerns, Krenzer, Garner, Haller, Lambert, Goetting, Wong, Price, Sader, Johnson, Gibbons and Carpenter
CHAPTER 525
AN ACT relating to solid waste; providing for the recycling, reduction or disposal of certain kinds of solid waste; authorizing the imposition of certain fees; requiring state procurement of certain recycled paper and other products; revising the penalty for the unlawful dumping of certain garbage; requiring the establishment of specific guidelines for the disposal of hazardous household and other waste; requiring the office of community services within the governors office to disseminate certain information; providing penalties; 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. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. A person who sells at retail a new tire for a vehicle shall collect from the purchaser at the time he collects the applicable sales and use taxes for the sale a fee of $1 per tire.
2. The seller shall account separately for all money received as a deposit pursuant to subsection 1. Monthly, in accordance with the applicable regulations, the seller shall transmit 95 percent of the money held in trust to the state department of conservation and natural resources for deposit with the state treasurer for credit to the account for recycling. The remaining 5 percent and all interest and income which accrued on the money while in trust with the seller become the property of the seller on the day the balance for the month is transmitted to the department and may be retained by the seller to cover his related administrative costs.
3. The state environmental commission shall, by regulation, establish acceptable methods for accounting for money collected pursuant to subsection 1.
Sec. 3. The director of the department shall use the money in the account for recycling to:
1. Administer the provisions of sections 3 to 9, inclusive, of this act;
2. Provide grants to local governments to carry out the provisions of sections 6, 7 and 8 of this act, including the costs of any related capital improvement;
3. Pay the costs incurred by the office of community services within the governors office pursuant to section 22 of this act;
4. Assist in necessary programs for the management of solid waste; and
5. Provide grants to local governments in counties whose populations are less than 40,000 to establish and operate recycling centers in areas where there are no centers. The total amount of the grants to such counties must be at least $200,000.
κ1991 Statutes of Nevada, Page 1668 (CHAPTER 525, AB 320)κ
Sec. 4. As used in sections 4 to 9, inclusive, of this act, unless the context otherwise requires:
1. Department means the state department of conservation and natural resources.
2. Municipality means a county, city, town, general improvement district, health district created pursuant to NRS 439.370 or other political subdivision of this state which has jurisdiction over the management of solid waste.
3. Recyclable material means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, as determined by the state environmental commission.
4. Solid waste has the meaning ascribed to it in NRS 444.490.
5. Tire for a vehicle includes a tire for a motorized vehicle that is 12 inches or larger in diameter, but does not include a recapped tire or used tire which is sold again.
Sec. 4.2. 1. The state environmental commission shall adopt regulations establishing minimum standards for:
(a) Separating at the source recyclable material from other solid waste originating from residential premises where services for the collection of solid waste are provided.
(b) Establishing recycling centers for the collection and disposal of recyclable material.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
2. The regulations adopted pursuant to subsection 1 must be adopted with the goal of recycling at least 25 percent of the total solid waste generated within a municipality after the second full year following the adoption of such standards.
3. The state environmental commission shall, by regulation, establish acceptable methods for disposing of used or waste tires.
Sec. 4.4. 1. A person who offers a tire for a vehicle for sale at retail shall post at the point of purchase a written notice which is at least 8 1/2 inches by 11 inches in size and contains the following information:
NOTICE
State law requires us to accept used tires for recycling when new tires are purchased from us.
2. It is unlawful for a person who offers a tire for a vehicle for retail sale to refuse to accept used or waste tires in exchange on the purchase of a new tire. This section does not require the purchaser of a tire to provide a used or waste tire as a condition of his purchase of a new tire. The seller shall comply with the regulations of the state environmental commission regarding the proper disposal of the used or waste tires so collected. In addition to any other applicable penalty, any person who violates the provisions of this subsection is guilty of a misdemeanor and shall be fined not less than $100 for each day of violation.
Sec. 5. The director of the department shall deliver to the director of the legislative counsel bureau a biennial report on or before January 31 of each odd-numbered year for submission to the legislature on the status of current and proposed programs for recycling and reuse of materials and on any other matter relating to recycling and reuse which he deems appropriate.
κ1991 Statutes of Nevada, Page 1669 (CHAPTER 525, AB 320)κ
odd-numbered year for submission to the legislature on the status of current and proposed programs for recycling and reuse of materials and on any other matter relating to recycling and reuse which he deems appropriate.
Sec. 6. 1. The division of environmental protection of the state department of conservation and natural resources shall, by regulation, adopt a model plan for:
(a) Separating at the source recyclable material from other solid waste originating from residential premises where services for the collection of solid waste are provided.
(b) Establishing recycling centers for the collection and disposal of recyclable material in areas where there are no centers.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
(d) The disposal of infectious waste, hazardous waste which is not regulated pursuant to NRS 459.485 and liquid waste which is not regulated pursuant to NRS 445.131 to 445.354, inclusive.
2. The model plans adopted pursuant to subsection 1 must not conflict with the standards adopted by the state environmental commission pursuant to section 4.2 of this act.
Sec. 7. 1. The board of county commissioners in a county whose population is more than 40,000, or its designee, shall make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of the programs made available pursuant to paragraph (a) or (b).
2. The board of county commissioners of a county whose population is more than 25,000 but not more than 40,000, or its designee:
(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from the residential premises where services for the collection of solid waste are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any program made available pursuant to subparagraph (1) or paragraph (a).
3. The board of county commissioners of a county whose population is not more than 25,000, or its designee, may make available for use in that county a program for:
κ1991 Statutes of Nevada, Page 1670 (CHAPTER 525, AB 320)κ
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any program made available pursuant to paragraph (a) or (b).
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the state environmental commission pursuant to section 4.2 of this act; and
(2) Become effective until approved by the state department of conservation and natural resources.
(b) May be based on the model plans adopted pursuant to section 6 of this act.
5. The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.
6. Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.
Sec. 8. 1. A county or health district that adopts a program pursuant to section 7 of this act shall:
(a) On or before July 1 of each year, submit a report to the department of the number of tons of material disposed of in the area covered by the program.
(b) Within 6 months after adopting the program, and at least once every 6 months thereafter, notify all persons occupying residential, commercial and institutional premises within the area covered by the program of the local recycling opportunities and the need to reduce the amount of waste generated.
2. The governing body of a municipality that adopts a program pursuant to section 7 of this act shall:
(a) Adopt such ordinances as are necessary for the enforcement of the program.
(b) At least once every 36 months, conduct a review of the program and make such revisions to the program and any ordinances adopted pursuant thereto as are deemed necessary and appropriate.
Sec. 9. 1. The state environmental commission shall adopt regulations necessary to enforce the provisions of sections 4 to 9, inclusive, of this act.
κ1991 Statutes of Nevada, Page 1671 (CHAPTER 525, AB 320)κ
2. The state environmental commission may adopt any other regulations necessary to carry out the provisions of sections 4 to 9, inclusive, of this act.
Sec. 10. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 10.3 and 10.5 of this act.
Sec. 10.3. 1. Except as otherwise provided in subsection 5, it is unlawful willfully to:
(a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the state department of conservation and natural resources;
(b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a sanitary landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the state department of conservation and natural resources; or
(c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the department for the recovery of energy or other appropriate use.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not less than $100 per violation.
3. The department shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include coordination with the office of community service within the governors office for the education of the public regarding the necessity of disposing of these items properly and recycling them.
4. The department shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the state department of conservation and natural resources makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the department concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.
Sec. 10.5. 1. From the time recyclable materials are placed in a container provided by a private recycling business or the person designated by the county or other municipality to collect recyclable materials:
(a) At curbside for collection; or
(b) At any other appropriate site designated for collection,
the recyclable materials are the property of the private recycling business or person designated by the county or other municipality to collect them, as appropriate.
2. Any person engaged in the unauthorized collection of recyclable materials is guilty of a misdemeanor. Each such unauthorized collection constitutes a separate and distinct offense.
3. As an alternative to the criminal penalty set forth in subsection 2, the county or other municipality, the private recycling business and the person designated to collect the recyclable materials may independently enforce the provisions of this section in a civil action.
κ1991 Statutes of Nevada, Page 1672 (CHAPTER 525, AB 320)κ
designated to collect the recyclable materials may independently enforce the provisions of this section in a civil action. A person who engages in the unauthorized collection of recyclable materials is liable to the private recycling business or the person designated to make such collections, as appropriate, for three times the damages caused by the unauthorized collection.
Sec. 11. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inclusive, and sections 10.3 and 10.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.500, inclusive, have the meanings ascribed to them in those sections.
Sec. 12. NRS 444.520 is hereby amended to read as follows:
444.520 1. The governing body of any municipality which has an approved plan for the management of solid waste may, by ordinance, provide for the levy and collection of other or additional fees and charges and require such licenses as may be appropriate and necessary to meet the requirements of NRS 444.460 to 444.610, inclusive.
2. The fees authorized by this section are not subject to the limit on the maximum allowable revenue from fees established pursuant to NRS 354.5989.
Sec. 13. NRS 444.630 is hereby amended to read as follows:
444.630 1. As used in this section, garbage includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every person who willfully places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor [.] and, if the convicted person agrees, he shall be sentenced to perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.
3. [Ownership] Except as otherwise provided in section 10.5 of this act, ownership of garbage does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any garbage which is disposed of in violation of subsection 2 creates a reasonable inference that the owner is the person who disposed of the garbage. The fact that the disposal of the garbage was not witnessed does not, in and of itself, preclude the identification of its owner.
4. All health officers, game wardens, police officers of cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada shall, within their respective jurisdictions, enforce the provisions of this section.
5. A district health officer or his deputy may issue a citation for any violation of this section which occurs within his jurisdiction.
κ1991 Statutes of Nevada, Page 1673 (CHAPTER 525, AB 320)κ
6. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:
(a) Agency of the state or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is in the business of providing credit reports.
(e) Public utility.
Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 2. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
Sec. 14. NRS 444.635 is hereby amended to read as follows:
444.635 1. Any person convicted of violating NRS 444.555 and, in addition to the penalty imposed in NRS 444.630 [,] or section 10 of this act, any person convicted of violating NRS 444.630 or section 10 of this act is liable for a civil penalty, upon each such conviction.
2. Every court, before whom a defendant is convicted of a violation of NRS 444.555 or 444.630 [,] or section 10.3 of this act, shall order the defendant to pay a civil penalty which is at least $250 but not more than $2,000. If so provided by the court, the penalty may be paid in installments.
3. The health authority or division of environmental protection of the state department of conservation and natural resources may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
4. Each court which receives money under the provisions of this section shall forthwith remit the money to the division of environmental protection or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be used only to pay rewards pursuant to NRS 444.640 or for the management of solid waste and paid as other claims against the state or local governments are paid.
Sec. 15. NRS 332.065 is hereby amended to read as follows:
332.065 1. When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the award must , except as otherwise provided in subsection 2, be made to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder must be judged on the basis of price, conformance to specifications, bidders qualifications including the bidders past performance in such matters, quality and utility of services, supplies, materials or equipment offered and their adaptability to the required purpose and in the best interest of the public, each of the factors being considered.
2. The governing body may give preference to the purchase of recycled products if the product costs no more than 5 percent more than a comparable nonrecycled product.
κ1991 Statutes of Nevada, Page 1674 (CHAPTER 525, AB 320)κ
3. If after the lowest responsive and responsible bidder has been awarded the contract, during the term of the contract he does not supply goods or services in accordance with the bid specifications, or if he repudiates the contract, the governing body of any hospital may reaward the contract to the next lowest responsive and responsible bidder without requiring that new bids be submitted. Reawarding the contract to the next lowest responsive and responsible bidder is not a waiver of any liability of the initial bidder awarded the contract.
Sec. 16. Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 17, 18 and 19 of this act.
Sec. 17. As used in sections 17, 18 and 19 of this act, unless the context otherwise requires:
1. Post-consumer waste means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.
2. Recycled paper product means all paper and word-pulp products containing in some combination at least 50 percent of its total weight:
(a) Post-consumer waste; and
(b) Secondary waste,
but does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.
3. Secondary waste means fragments of products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value.
Sec. 18. 1. The chief shall review and revise the specifications for procuring goods and products for the using agencies to eliminate discrimination against the procurement or purchase of recycled products whenever the quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. Except for specifications which have been established to preserve the public health and safety, all specifications for procurement must be established in a manner which results in the maximum procurement and purchase of recycled products.
2. When purchasing goods and products for the using agencies, the chief shall give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled product; and
(c) The product costs no more than a comparable nonrecycled product.
3. When purchasing goods and products for the using agencies, the chief may give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled product; and
(c) The product costs no more than 5 percent more than a comparable nonrecycled product.
κ1991 Statutes of Nevada, Page 1675 (CHAPTER 525, AB 320)κ
4. To encourage the use of post-consumer waste, a bidder who manufactures a product in Nevada that contains post-consumer waste shall be deemed to be the lowest bidder if:
(a) At least 50 percent of the product, by weight, contains post-consumer waste;
(b) The product complies with the applicable standards; and
(c) The amount of the bid is not more than 10 percent higher than the bid of any other bidder.
5. A bidder whose product contains post-consumer waste shall certify in writing:
(a) That the product contains post-consumer waste; and
(b) The percentage of post-consumer waste, by weight, that is contained in the product.
Sec. 19. 1. After consultation with the state department of conservation and natural resources, the chief shall adopt regulations governing the bidding procedure and specifications for paper and paper products purchased by the purchasing division that encourage the maximum purchase of recycled paper products. The specifications must give preference to recycled paper products manufactured with the highest percentage of recycled material.
2. When purchasing any paper or paper products for use by a using agency, the chief shall purchase recycled paper products if the specific recycled paper product is:
(a) Available at a price not more than that of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
3. When purchasing any paper or paper products for use by a using agency, the chief may purchase recycled paper products if the specific recycled paper product is:
(a) Available at a price not more than 10 percent higher than that of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
Sec. 20. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
The department shall submit for approval to the board of directors, as a part of the annual work program, designated projects for the use of recycled products. The designated projects must:
1. Be comprised of projects for highway construction, reconstruction, surface overlay or surface sealing for which competitive bids have been submitted and use in the surface mixture at least 15 percent by weight recycled asphalt or other recycled products, such as crumb rubber from tires, ash, plastics, glass or glassy aggregates.
2. Be comprised of equipment used in highway construction, including, but not limited to, barriers and markers that are made from recycled products.
Sec. 21. NRS 487.260 is hereby amended to read as follows:
487.260 1. If the vehicle is appraised at a value of more than $500 the state agency or political subdivision shall dispose of it as provided in NRS 487.270.
κ1991 Statutes of Nevada, Page 1676 (CHAPTER 525, AB 320)κ
2. If the vehicle is appraised as a junk vehicle, the department may issue a junk certificate to the automobile wrecker or tow operator who removed the vehicle.
3. An automobile wrecker who possesses a junk certificate for a junk vehicle may dismantle, scrap, crush or otherwise destroy the vehicle.
4. A vehicle for which a junk certificate has been issued may be sold to an automobile wrecker by the person to whom the junk certificate was issued by the sellers endorsement on the certificate. An automobile wrecker who purchases a vehicle for which a junk certificate has been issued shall, within 10 days after purchase, apply to the department for a new junk certificate and surrender the original certificate.
5. A person who sells, dismantles, scraps, crushes or otherwise destroys a junk vehicle shall maintain, for at least 2 years, a copy of the junk certificate and a record of the name and address of the person from whom the vehicle was acquired and the date thereof. He shall allow any peace officer or any investigator employed by a state agency to inspect the records during business hours.
6. As used in this section, junk vehicle means a vehicle, including component parts, which:
(a) Has been discarded or abandoned;
(b) Has been ruined, wrecked, dismantled or rendered inoperative;
(c) Is unfit for further use in accordance with the original purpose for which it was constructed;
(d) Is not registered with the department; and
(e) Has value principally as scrap which does not exceed $200.
Sec. 22. Chapter 523 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The office shall develop a program of public education to provide information, increase public awareness of the individual responsibility of properly disposing of solid waste and encouraging public participation in recycling, reuse and waste reduction. The program must be designed in accordance with the plans to provide for a solid waste management system approved pursuant to NRS 444.510 to communicate the importance of conserving natural resources, in addition to the importance of protecting public health and the environment. The program must include promotion of the private and public efforts to accomplish conservation, recovery and reuse.
2. The office shall encourage the reduction of waste and litter by:
(a) Providing, upon request, advice to persons regarding techniques to reduce waste and general information on recycling.
(b) Establishing a computer data base to process related information.
(c) Establishing a toll-free telephone line to assist in the dissemination of information.
(d) Sponsoring or cosponsoring technical workshops and seminars on waste reduction.
(e) Assisting local programs for the research and development of plans to reduce waste.
(f) Coordinating the dissemination of publications on waste reduction, regardless of the source of those publications.
κ1991 Statutes of Nevada, Page 1677 (CHAPTER 525, AB 320)κ
(g) Assisting in the development and promotion of programs of continuing education for educators and administrators to enable them to teach and encourage methods of waste reduction.
(h) Developing an emblem to signify and advertise the efforts in Nevada to encourage recycling.
(i) Recommending to educational institutions courses and curricula relating to recycling and the reduction of waste.
3. The office shall coordinate the technical assistance available from the various state agencies. The director shall prepare and deliver biennial reports to the governor regarding the progress of the program.
Sec. 23. Section 2 of this act is hereby amended to read as follows:
Sec. 2. 1. A person who sells at retail a new tire for a vehicle shall collect from the purchaser at the time he collects the applicable sales and use taxes for the sale a fee of $1 per tire.
2. The seller shall account separately for all money received as a deposit pursuant to subsection 1. Monthly, in accordance with the applicable regulations, the seller shall transmit 95 percent of the money held in trust to the [state department of conservation and natural resources] department of transportation for deposit with the state treasurer for credit to the [account for recycling.] state highway fund. Money so deposited must be accounted for separately by the state treasurer and may be used only to support projects approved pursuant to section 20 of this act. The remaining 5 percent and all interest and income which accrued on the money while in trust with the seller become the property of the seller on the days the balance for the month is transmitted to the department and may be retained by the seller to cover his related administrative costs.
3. The [state environmental commission] director of the department of transportation, with the approval of the board of directors of the department, shall [,] by regulation, establish acceptable methods for accounting for money collected by the retailers pursuant to subsection 1.
Sec. 24. On March 15, 1993, the state controller shall transfer any money in the account for recycling which has not been committed for expenditure before March 15, 1993, to the department of transportation to pay the costs of carrying out the provisions of section 20 of this act.
Sec. 25. Sections 2 and 3 of this act expire by limitation on March 15, 1993.
Sec. 26. 1. Sections 20 and 23 of this act become effective on March 15, 1993.
2. This section and the remaining sections of this act become effective on January 1, 1992.
________
κ1991 Statutes of Nevada, Page 1678κ
Assembly Bill No. 269Assemblymen Evans, Anderson, Krenzer, Arberry, Bache, Carpenter, Johnson, Myrna Williams, Giunchigliani, Kerns, Spriggs, Stout, Marvel, Freeman, Norton, Elliott, Scherer, Wendell Williams, Price, Heller, Gregory, Hardy, Humke, Callister, Spitler, Lambert, Porter, Bennett, Sader, Dini, Haller and Goetting
CHAPTER 526
AN ACT relating to marriage licenses; revising certain fees for such licenses; 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 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of $13.
2. The clerk shall also at the time of issuing the license collect the sum of $3 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.
3. The clerk shall also at the time of issuing the license collect the additional sum of [$4] $9 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.
4. The clerk shall also at the time of issuing the license collect the additional sum of [$7] $10 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.
Sec. 2. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of $13.
2. The clerk shall also at the time of issuing the license collect the sum of $3 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.
3. The clerk shall also at the time of issuing the license collect the additional sum of [$9] $7 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.
κ1991 Statutes of Nevada, Page 1679 (CHAPTER 526, AB 269)κ
such fees deposited by the clerk to the state treasurer for credit to the state general fund.
4. The clerk shall also at the time of issuing the license collect the additional sum of [$10] $12 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.
Sec. 3. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of $13.
2. The clerk shall also at the time of issuing the license collect the sum of $3 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.
3. The clerk shall also at the time of issuing the license collect the additional sum of [$7] $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.
4. The clerk shall also at the time of issuing the license collect the additional sum of [$12] $15 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.
Sec. 4. 1. This section and section 1 of this act becomes effective on July 1, 1991.
2. Section 2 of this act becomes effective on July 1, 1994.
3. Section 3 of this act becomes effective on July 1, 1996.
________
κ1991 Statutes of Nevada, Page 1680κ
Senate Bill No. 335Senators Cook, Adler, Coffin, Glomb, Horn, Neal, Nevin, Shaffer, Titus and Vergiels
CHAPTER 527
AN ACT relating to elections; revising the procedure for conducting a challenge of a voter at a polling place; authorizing the registration of voters by mail; requiring the secretary of state to adopt regulations governing the registration of voters by mail; providing a penalty; 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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person may apply to register to vote, by mail, to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete the application and sign an affidavit containing the following statement: I do solemnly swear (or affirm) under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, in my county at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear (or affirm) under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear or affirm (or affirm) that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that he is registered to vote. The applicant shall be deemed registered as of the date the county clerk received the application.
6. If he determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that he is registered to vote. The applicant shall be deemed registered as of the date the county clerk received the application. If the applicant does not provide the additional information within the prescribed period, the application is void.
κ1991 Statutes of Nevada, Page 1681 (CHAPTER 527, SB 335)κ
7. The application must:
(a) Include the applicants social security number, drivers license number or identification card number issued pursuant to NRS 483.810 to 483.890, inclusive.
(b) Include the street address of the residence where the applicant actually resides. The application must not be accepted if the applicants address is described as a box in a post office.
(c) Allow an applicant to furnish his telephone number if he chooses to do so.
(d) Include a notice stating that an applicant is not registered to vote until all of the information required by the application has been provided to the county clerk within the period prescribed in subsection 6.
(e) Include any other information prescribed by the secretary of state.
8. The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
9. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall cancel the registration of the person whose address appeared on the postcard.
10. The secretary of state shall adopt regulations to carry out the provisions of this section.
Sec. 3. 1. Except as otherwise provided in subsection 2, a person who registered to vote pursuant to section 2 of this act, shall, for the first election in which he votes at which that registration is valid, vote in person unless he has previously voted in the precinct in which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who is entitled to vote:
(a) In the manner prescribed in NRS 293.343 to 293.355, inclusive; or
(b) An absent ballot pursuant to federal law or any other state law.
Sec. 4. NRS 293.287 is hereby amended to read as follows:
293.287 1. A registered voter applying to vote at any primary election shall give his name and political affiliation, if any, to the election board officer in charge of the election board register, and the officer shall immediately announce the name and political affiliation.
2. Any persons right to vote may be challenged by any registered voter upon [any] :
(a) Any of the grounds allowed for a challenge in NRS 293.303 [or on the] ;
(b) The ground that the person applying does not belong to the political party designated upon the register [, or] ; or
(c) The ground that the register does not show that he designated the political party to which he claims to belong.
3. Any such challenge must be disposed of in the manner provided by NRS 293.303.
4. [When the election board is satisfied as to the name, political affiliation and identity of the registered voter, the board shall issue the proper party and nonpartisan ballot.
κ1991 Statutes of Nevada, Page 1682 (CHAPTER 527, SB 335)κ
5.] A registered voter who has designated on his affidavit of registration an affiliation with a minor political party may vote a nonpartisan ballot at the primary election.
Sec. 5. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged [orally] :
(a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title [.] ; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to NRS 293.547.
2. If a person is challenged [orally, the election board shall tender him the following oath or affirmation: Do you swear (or affirm) that you are the person whose name is in this precinct register?
3. If he refuses to take] , an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not belong to the political party designated upon the register, I swear (or affirm) that I belong to the political party designated upon the register;
(b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, I swear (or affirm) that I designated on the affidavit of registration the political party to which I claim to belong;
(c) If the challenge is on the ground that he does not reside at the residence whose address is listed in the precinct register, I swear (or affirm) that I reside at the residence whose address is listed in the precinct register or I swear (or affirm) that I reside in this precinct;
(d) If the challenge is on the ground that he previously voted a ballot for the election, I swear (or affirm) that I have not voted for any of the candidates or questions included on this ballot for this election; or
(e) If the challenge is on the ground that he is not the person he claims to be, I swear (or affirm) that I am the person whose name is in this precinct register.
The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered [or if he is otherwise successfully challenged,] he must not be issued a ballot, and the officer in charge of the election board register shall write the words Challenged ................ opposite his name in the election board register.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.
κ1991 Statutes of Nevada, Page 1683 (CHAPTER 527, SB 335)κ
7. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:
(a) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years old who:
(1) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.
8. The election board officers shall record the [success] result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person [that he was challenged successfully.
5. When a challenge is unsuccessful, the challenged person must be issued a ballot and allowed to vote. The election board officers shall record the unsuccessful challenge on the challenge list.
6. In all cases of challenge the decision rests with the election board by majority vote.
7. The election board officers may test the qualifications of the challenged person by asking any relevant question which they consider necessary to arrive at a decision.
8. Answers must be given under oath and compared with the statements in the election board register.
9. The election board officers may refuse to allow a challenged person to vote without further proceedings unless he:
(a) Brings registered voters of the appropriate county or city to be examined under oath as to his qualifications; and
(b) If a challenge to his residency is made, produces official identification as proof of his residence, such as his drivers license or other official document.
10. When the entry in the election board register for a person applying to vote contains a challenge, the officer in charge of the election board register shall cause the challenge to be executed before all the election board officers in the same manner as if the person were challenged orally at the polling place. After such execution, the election board shall decide the challenge in the manner provided in this section for oral challenges.] the result of the challenge.
Sec. 6. NRS 293.304 is hereby amended to read as follows:
293.304 1. [When the eligibility of a voter to vote in a primary or general election is successfully challenged solely on the basis of a change of residence within the county,] If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303, the election board shall issue a statement to the [voter] person on a form provided by the secretary of state which contains:
(a) The name of the voter;
(b) The address which appears on the record of voter registration;
(c) The address at which the voter actually resides;
κ1991 Statutes of Nevada, Page 1684 (CHAPTER 527, SB 335)κ
(d) The signatures of the members of the election board who issued the statement; and
(e) Other information which the secretary of state deems necessary to carry out the provisions of this section.
2. The county clerk of each county shall maintain a special polling place in each polling location during each primary or general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:
(a) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the state may vote;
(d) All county officers for whom all voters in the county may vote; and
(e) Questions which have been submitted to all of the voters of the county or state.
3. [When] If a person comes to the special polling place and presents a properly prepared statement issued pursuant to subsection 1, the county clerk shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.
4. The secretary of state shall provide by regulation for:
(a) Forms for statements; and
(b) The counting and security of ballots voted at a special polling place.
Sec. 7. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register [by appearing] :
(a) By appearing before the county clerk or deputy registrar, completing the affidavit of registration [,] and giving true and satisfactory answers to all questions relevant to his identity and right to vote [.] ;
(b) By completing and mailing or personally delivering to the county clerk, an application to register to vote pursuant to section 2 of this act; or
(c) Pursuant to the provisions of NRS 293.524.
The county clerk may require a person to submit official identification as proof of residence and identity, such as a drivers license or other official document, before registering him.
2. The affidavit of registration must be signed and verified under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. Any elector who is [presently] registered and changes his name , [by marriage, or otherwise,] must complete a new affidavit of registration by appearing before the county clerk or deputy registrar or submitting a written statement to the county clerk requesting that the county clerk mail an affidavit of registration to him. If the elector fails to register under his new name, he may be challenged pursuant to NRS 293.303 and required to furnish proof of identity and subsequent change of name.
Sec. 8. NRS 293.524 is hereby amended to read as follows:
293.524 1. The department of motor vehicles and public safety shall inquire of each qualified elector who applies in person to register a motor vehicle, for the issuance, renewal or correction of any type of drivers license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.
κ1991 Statutes of Nevada, Page 1685 (CHAPTER 527, SB 335)κ
vehicle, for the issuance, renewal or correction of any type of drivers license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.
2. If the elector desires to complete an application for registration, he shall complete and sign an affidavit containing the following statement: I ........................., do solemnly swear (or affirm) under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, county of ........................., at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear (or affirm) under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. [] I further swear (or affirm) that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.
3. For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of the affidavit and application. The authorized employee shall check the application for completeness and verify the information required by the affidavit of registration. The authorized employee shall stamp the application for registration to validate it and shall provide the applicant with a receipt verifying the submission of the application. The department shall, except as otherwise provided in this subsection, forward each such application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election the applications must be forwarded daily.
4. Upon receipt of such an application, the county clerk or registrar of voters shall determine whether the application is complete. If he determines that the application is complete, the applicant shall be deemed registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant by mail at the mailing address stated on the application of the additional information required. The applicant shall be deemed registered as of the date of the initial submission of the application if the additional information is provided before the close of registration. If the applicant has not provided the additional information before the close of registration, the incomplete application is void.
5. The secretary of state shall, with the approval of the director of the department of motor vehicles and public safety, adopt regulations which:
(a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;
(b) Provide for the form of the application of registration to be used by the department of motor vehicles and public safety; and
(c) Provide for the transfer of the completed applications of registration from the department of motor vehicles and public safety to the appropriate county clerk or registrar of voters for inclusion in the election board registers and registrar of voters register.
κ1991 Statutes of Nevada, Page 1686 (CHAPTER 527, SB 335)κ
Sec. 9. NRS 293.525 is hereby amended to read as follows:
293.525 Except as otherwise provided in NRS 293.304 and 293.490, any elector who is presently registered and has changed his residence after the last preceding general election from one precinct or district to another within the same county is not eligible to vote unless he submits to the county clerk before the close of registration a written and signed request or a form prescribed by the secretary of state that the county clerk transfer his registration to the new address. No affidavit is required.
Sec. 10. NRS 293.540 is hereby amended to read as follows:
293.540 The county clerk shall cancel an affidavit of registration:
1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.
2. If the insanity of the person registered is legally established.
3. Upon the production of a certified copy of the judgment of conviction of a felony of the person registered . [of a felony.]
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
5. Upon the request of any registered voter to affiliate with any political party [,] or to change his affiliation, if [such] that change is made before the end of the last day for filing declarations of candidacy for a primary election.
6. Upon the request of any registered voter who has changed his name, if [such] that voter satisfies the registrar that [such] the change has been legally effected.
7. At the request of the person registered.
8. [When] If any registered voter fails to vote in any general election.
9. [When] If he has discovered an incorrect registration pursuant to NRS 293.530 [.] or section 2 of this act.
Sec. 11. NRS 293.790 is hereby amended to read as follows:
293.790 [If any person applying to vote at any election is challenged by an election board officer or a registered voter, an oath shall be administered to such person by one of the election board officers that he will answer truthfully all questions concerning his right to vote at such election, and, if it appears that he is not a registered voter under the provisions of this chapter, shall be denied a ballot.] If any person whose vote has been rejected offers to vote at the same election, at any polling place other than the one in which he is registered to vote, he is guilty of a gross misdemeanor.
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κ1991 Statutes of Nevada, Page 1687κ
Senate Bill No. 610Committee on Human Resources and Facilities
CHAPTER 528
AN ACT relating to medical facilities; prohibiting certain persons from preventing another person from entering or existing the office of a physician, a health facility, a nonprofit health facility, a public health center, a medical facility or a facility for the dependent; providing a penalty; 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 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a person shall not intentionally prevent another person from entering or exiting the office of a physician, a health facility, a nonprofit health facility, a public health center, a medical facility or a facility for the dependent by physically:
(a) Detaining the other person; or
(b) Obstructing, impeding or hindering the other persons movement.
2. The provisions of subsection 1 are inapplicable to:
(a) An officer, employee or agent of the physician, health facility, nonprofit health facility, public health center, medical facility or facility for the dependent; or
(b) A peace officer as defined in NRS 169.125,
while acting within the course and scope of his duties or employment.
3. The provisions of subsection 1 do not prohibit a person from maintaining a picket during a strike or work stoppage in compliance with the provisions of NRS 614.160, or from engaging in any constitutionally protected exercise of free speech.
4. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 3 months, or by both fine and imprisonment.
5. As used in this section, the terms health facility, nonprofit health facility and public health center have the meanings ascribed to them in NRS 449.260.
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κ1991 Statutes of Nevada, Page 1688κ
Assembly Bill No. 668Committee on Labor and Management
CHAPTER 529
AN ACT relating to industrial insurance; increasing the deemed wage for real estate licensees; providing for coverage of persons who hold more than one such license; clarifying who is responsible for the payment of premiums for certain real estate licensees; revising the provisions regarding coverage of sole proprietors; 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 616.087 is hereby amended to read as follows:
616.087 [Any real estate licensee doing business in this state and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $900 per month.]
1. Each person licensed pursuant to chapter 645 of NRS as a real estate broker, broker-salesman or salesman who does business in this state and receives wages, commissions or other compensation based upon activities for which the license is required shall be deemed for the purpose of this chapter to earn wages of $1,500 per month. Except as otherwise provided in subsection 2, not more than one premium may be collected from such a licensee for the wages, commission or other compensation he receives from any activity for which such a license is required.
2. Except as otherwise provided in this subsection, if a licensee holds both an individual broker license and a corporate broker license, the licensee shall pay the premium for coverage under the corporate broker license only and is limited to recovery of benefits in accordance with the deemed compensation attributed to that license only. If a licensee holds both an individual broker license and a corporate broker license and elects to pay premiums for coverage under the individual broker license also, he may recover benefits in accordance with the deemed compensation attributed to both licenses.
Sec. 2. NRS 616.317 is hereby amended to read as follows:
616.317 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the system.
2. A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination before his coverage commences. The system shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the system premiums in such manner and amounts as may be prescribed by regulations of the system.
4. If a sole proprietor fails to pay all premiums required by the regulations of the system, the failure operates as a rejection of this chapter.
κ1991 Statutes of Nevada, Page 1689 (CHAPTER 529, AB 668)κ
5. A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the system until he files written notice with the system that he withdraws his election.
6. For purposes of this chapter, a sole proprietor shall be deemed to be receiving a wage of $300 per month [.] unless, at least 90 days before any injury for which he requests coverage, he files written notice with the system that he elects to pay an additional amount of premiums for additional coverage. If the system receives the additional premiums it requires for such additional coverage, the sole proprietor shall be deemed to be receiving a wage of $1,800 per month.
Sec. 3. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each broker who has a broker-salesman or salesman associated with him pursuant to NRS 645.520 may request, pursuant to NRS 616.288, the state industrial insurance system to provide him routinely with a statement certifying whether the broker-salesman or salesman is current in his own payment of the premiums due for his industrial insurance coverage. A broker who pays the premiums for industrial insurance coverage of a broker-salesman or salesman who has so associated with him, need not participate in the systems program for certification of current payment for that broker-salesman or salesman.
2. A broker is responsible for the payment of any premiums for industrial insurance coverage for each broker-salesman or salesman who is associated with him pursuant to NRS 645.520, unless the broker-salesman or salesman has maintained current payments of those premiums.
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Assembly Bill No. 581Assemblymen Price, Arberry, Wendell Williams, Evans, Bache, Petrak, Bennett, Norton, Anderson, Heller, Myrna Williams, Haller, Garner, McGaughey, McGinness, Scherer, Stout, Elliott, Bayley, Little, Krenzer, Giunchigliani, Freeman, Wong, Lambert, Goetting and Humke
CHAPTER 530
AN ACT relating to health care; requiring an explanation and the informed consent of the patient before a procedure to insert an implant in a breast is performed; requiring the health division of the department of human resources to prepare explanation and consent forms for use by physicians performing such procedures; 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 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1991 Statutes of Nevada, Page 1690 (CHAPTER 530, AB 581)κ
Sec. 2. 1. A physician shall not perform any procedure to insert an implant in the breast of a patient unless within 5 days before the procedure is performed he has:
(a) Discussed with the patient and any other person whose consent is required pursuant to paragraph (b), the advantages, disadvantages and risks associated with the procedure; and
(b) Obtained informed consent in writing from the following persons freely and without coercion:
(1) The patient if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;
(2) The parent or guardian of a patient under 18 years of age and not legally emancipated; or
(3) The legal guardian of a patient of any age who has been adjudicated mentally incompetent,
and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.
2. An informed consent requires that the person whose consent is sought be adequately informed as to:
(a) The nature and consequences of the procedure;
(b) The reasonable risks, possible side effects, benefits and purposes of the procedure; and
(c) Any alternative procedures available.
3. The consent of a patient or other person whose consent is required pursuant to paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure has begun, with or without cause.
4. A physician satisfies the requirements of:
(a) Paragraph (a) of subsection 1 if he provides the patient and any other person whose consent is required pursuant to paragraph (b) of subsection 1 with a copy of the current explanation form prepared by the health division pursuant to section 3 of this act in a language that the person is able to read.
(b) Paragraph (b) of subsection 1 if the person or persons whose consent is required sign a copy of the current consent form prepared by the health division pursuant to section 3 of this act freely and without coercion and the consent is not withdrawn pursuant to subsection 3 before the procedure has begun. The consent form must be in a language that the person who signs the form is able to read.
5. Any person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 3. 1. This health division shall prepare and provide to physicians upon request:
(a) An explanation form for a procedure to insert an implant in the breast of a person which includes:
(1) An explanation of the advantages, disadvantages and risks associated with a procedure to insert an implant in the breast of a person, including any known side effects; and
(2) Any other information the health division determines to be useful to a person contemplating a procedure to insert an implant in the breast; and
(b) A consent form for a procedure to insert an implant in the breast of a person which includes:
κ1991 Statutes of Nevada, Page 1691 (CHAPTER 530, AB 581)κ
(1) The nature and consequences of the procedure;
(2) The reasonable risks, possible side effects, benefits and purposes of the procedure; and
(3) Any alternative procedures available.
2. The health division shall revise the explanation form and consent form as necessary to keep the medical information current.
3. The health division shall charge and collect a fee for all forms distributed pursuant to this section that is adequate to cover the cost of producing the forms.
Sec. 4. 1. This section and sections 1 and 3 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective on October 1, 1991.
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Senate Bill No. 591Committee on Transportation
CHAPTER 531
AN ACT relating to the department of transportation; revising the statutory provisions relating to the disposal of certain property acquired by the department; 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 408.533 is hereby amended to read as follows:
408.533 1. All real property, interests therein or improvements thereon and personal property acquired before, on or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the board and if no longer needed for highway purposes, be disposed of by the director in accordance with the provisions of [this section] subsection 2, except that:
(a) When the property was originally donated to the state, then no charge may be made if it is returned to the original owner or to the holder of the reversionary right.
(b) When the property has been wholly or partially paid for by towns, cities or counties, then disposal of the property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the department.
(c) When the title to the real property has been acquired in fee under NRS 408.487 and 408.489 and, in the opinion of the board, a sale by means of public auction or sealed bids is uneconomical or impractical because:
(1) There is no access to the property;
(2) The property has value or an increased value only to a single adjoining property owner; or
κ1991 Statutes of Nevada, Page 1692 (CHAPTER 531, SB 591)κ
(3) Such sale would work an undue hardship upon a property owner either as a result of a severance of the property of that owner or a denial of access to a public highway,
the board may enter into a direct sale of the property with such an owner or someone else for its fair market value.
(d) When the property has been acquired and [the] :
(1) The proposed purpose for which it was acquired is later abandoned by the department [,] ; or
(2) Part of the property is no longer needed for highway purposes, and the department determines that the property was acquired for less than its fair market value,
the department shall give notice of its intention to dispose of the property by publication in a newspaper of general circulation in the county where the property is situated. The notice must include the departments appraisal of the fair market value of the property. Any person from whom the property was purchased or his heir or grantee may purchase the property at its fair market value by direct sale from the department within 60 days after the [date of the notice at its fair market value.] notice is published. If more than one person qualified to purchase the property by direct sale pursuant to this paragraph so requests, the person with the superior claim, as determined by the department in its sole discretion, is entitled to purchase the property by direct sale. If no person requests to purchase the property by direct sale within 60 days after the notice is published pursuant to this paragraph, the department shall sell the property in the manner provided in subsection 2.
(e) When the property is sought by another public agency for a reasonable public use, the department may first offer the property to the public agency at its fair market value.
2. All property, interests or improvements not falling within the provisions of subsection 1 must be sold by the department singly or in combination, to the highest bidder bidding for it either at public auction or by sealed bids, the notice of which and terms of which must be published in a newspaper of general circulation in the county where the property is situated. Those actions and openings of bids must be conducted by the department.
3. It is conclusively presumed in favor of the department and any purchaser for value [and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter] that the department acted within ins lawful authority in acquiring and disposing of the property, and that the director acted within its lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and the department shall not warrant title, furnish title insurance or pay the tax on transfer of real property.
4. No person has a right of action against the department or its employees for a violation of this section. This subsection does not prevent an action by the attorney general on behalf of the State of Nevada or any aggrieved person.
5. All sums of money received by the department for the sale of real and personal property must be deposited with the state treasurer to be credited to the state highway fund, unless the Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the money obtained by disposal of the property must be paid to the Federal Highway Administration.
κ1991 Statutes of Nevada, Page 1693 (CHAPTER 531, SB 591)κ
money obtained by disposal of the property must be paid to the Federal Highway Administration.
[5.] 6. . The department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 5 of NRS 408.489. Those easements, rights or interests include, but are not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 622Committee on Transportation
CHAPTER 532
AN ACT relating to traffic laws; increasing the maximum allowable weight of trucks used by licensed haulers of garbage and refuse; 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 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a vehicle used by a licensed hauler of garbage and refuse may be operated or moved upon a public highway, if the weight of the vehicle does not exceed:
(a) On a single axle, 22,000 pounds; or
(b) On a tandem axle, 40,000 pounds.
2. A vehicle must not be operated or moved upon a highway within the designated interstate system, if the weight of the vehicle exceeds:
(a) On a single axle, 20,000 pounds; or
(b) On a tandem axle, 34,000 pounds.
3. As used in this section:
(a) Licensed hauler of garbage and refuse means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable materials.
(b) Tandem axle has the meaning ascribed to it in NRS 484.745.
Sec. 2. NRS 484.745 is hereby amended to read as follows:
484.745 Except as provided in NRS 484.746 and 484.753, and section 1 of this act, no vehicle may be operated or moved upon any public highway, except upon the following conditions:
κ1991 Statutes of Nevada, Page 1694 (CHAPTER 532, SB 622)κ
1. The maximum weight on any single axle must not exceed 20,000 pounds.
2. The maximum weight on any tandem axle must not exceed 34,000 pounds.
3. Except as provided in subsection 4, the maximum overall gross weight on any group of two or more consecutive axles must not exceed the values set forth in the following formula: W= 500 [LN/(N-1) + 12N + 36] wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
4. Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of such consecutive sets of axles is 36 feet or more.
5. For the purpose of this section tandem axle means any two or more consecutive axles whose centers are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.
Sec. 3. NRS 484.757 is hereby amended to read as follows:
484.757 1. Every person convicted of a violation of any limitation of weight imposed by NRS 484.739 to 484.755, inclusive, and section 1 of this act, shall be punished by a fine as specified in the following table:
Pounds of Excess Weight Fine
1 to 1,500 ................................................................................ $10
1,501 to 2,500 ........................ 1 cent per pound of excess weight
2,501 to 5,000......................... 2 cents per pound of excess weight
5,001 to 7,500 ........................ 4 cents per pound of excess weight
7,501 to 10,000 ...................... 6 cents per pound of excess weight
10,000 and over ..................... 8 cents per pound of excess weight
2. If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.
3. The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt, and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for in this section.
________
κ1991 Statutes of Nevada, Page 1695κ
Assembly Bill No. 597Assemblymen Haller, Anderson, Gibbons, Petrak, Norton, Wong, Bergevin, Johnson, Stout, Bennett, Elliott, Sader, Humke, McGaughey, McGinness, Hardy, Pettyjohn, Arberry and Price
CHAPTER 533
AN ACT relating to public health; clarifying the inapplicability to prison facilities of certain restrictions on smoking; 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 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
2. The person in control of an area listed in paragraph (c), (d), (e), (f), or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
κ1991 Statutes of Nevada, Page 1696 (CHAPTER 533, AB 597)κ
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
8. As used in this section:
(a) Child care facility means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.
(b) Licensed gaming establishment has the meaning ascribed to it in NRS 463.0169.
(c) Public building means any building or office space owned or occupied by:
(1) Any component of the University of Nevada System and used for any university purpose.
(2) The State of Nevada [or any] and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the state and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) School bus has the meaning ascribed to it in NRS 483.160.
Sec. 2. This act becomes effective at 12:03 a.m. on October 1, 1991.
________
Senate Bill No. 639Committee on Government Affairs
CHAPTER 534
AN ACT relating to the state executive department; requiring the state treasurer to adopt certain regulations; authorizing the state controller to perform certain duties and adopt certain regulations; 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 226.180 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 1697 (CHAPTER 534, SB 639)κ
226.180 The state treasurer [shall be] is ex officio state disbursing officer for the Federal Government. As such, he shall:
1. Act for the Federal Government with respect to all financial matters required of him by the Federal Government.
2. Keep proper books and accounts and prepare vouchers and receipts relating thereto.
3. Keep books of account and sign and pay all warrants relating to all state payroll deductions at the time and in the manner required, according to federal law and regulation.
4. Perform such other duties in connection with the duties designated in subsections 1, 2 and 3 as may be required in the proper exercise thereof.
5. Adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 2. NRS 227.140 is hereby amended to read as follows:
227.140 1. The state controller is ex officio state fiscal officer. In addition to the duties now prescribed for the ex officio office, and as a part thereof, he shall serve as a state fiscal officer for the Federal Government and compute, withhold and account for all state payroll deductions and keep or have access to all records in connection with administration of and compliance with the federal revenue and income tax laws.
2. In carrying out the provisions of this section, the state controller as ex officio state fiscal officer may perform such duties and adopt such regulations as are necessary to comply with the federal revenue and income tax laws.
________
Senate Bill No. 558Senators Rawson, Glomb, ODonnell and Townsend
CHAPTER 535
AN ACT relating to school nurses; setting forth certain duties of school nurses; requiring each school district to develop a plan to reduce the ratio of pupils to school nurses; 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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A school district shall not employ a person to serve as a school nurse unless he holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the commission.
Sec. 3. A school nurse shall, for each school at which he is employed:
1. Ensure that each pupil enrolled in the school has been immunized in accordance with, is exempt from or has otherwise complied with, the requirements set forth in NRS 392.435 to 392.446, inclusive.
κ1991 Statutes of Nevada, Page 1698 (CHAPTER 535, SB 558)κ
2. Assess and evaluate the general health and physical development of the pupils enrolled in the school to identify those pupils who have physical or mental conditions that impede their ability to learn.
3. Report the results of an evaluation conducted pursuant to subsection 2 to:
(a) A parent or guardian of the pupil;
(b) Each administrator and teacher directly involved with the education of the pupil; and
(c) Other professional personnel within the school district who need the information to assist the pupil with his health or education.
4. Design and carry out a plan of nursing care for a pupil with special needs which incorporates any plan specified by the pupils physician and which is approved by the pupils parent or guardian.
5. When appropriate, refer a pupil and his parent or guardian to other sources in the community to obtain services necessary for the health of the pupil.
6. Interpret medical and nursing information that relates to a pupils individual educational plan and make recommendations to:
(a) Professional personnel directly involved with that pupil; and
(b) The parents or guardian of that pupil.
Sec. 4. NRS 392.420 is hereby amended to read as follows:
392.420 1. [Qualified health personnel provided in accordance with subsection 5] In each school at which he is employed, a school nurse shall plan for and carry out , or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district to determine whether the child has scoliosis, any visual or auditory problem or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:
(a) For visual and auditory problems, in at least two grades of the elementary schools, one grade of the middle or junior high schools and one grade of the high schools; and
(b) For scoliosis, in at least one grade of schools below the high schools. Any person other than a school nurse who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.
2. If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, he must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.
3. A special examination for a possible visual or auditory problem must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or auditory problem during the previous school year; or
(d) Shows in any other way that he may have such a problem.
κ1991 Statutes of Nevada, Page 1699 (CHAPTER 535, SB 558)κ
4. The school authorities shall notify the parents or guardian of any child who is found or believed to have a visual or auditory problem, scoliosis, or any gross physical defect and shall recommend that appropriate medical attention be secured to correct it.
5. In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them.
6. Any child must be exempted from the examination if his parents or guardian filed with the teacher a written statement objecting to the examination.
Sec. 5. 1. Each school district shall:
(a) Develop a plan for the school district to achieve and maintain a ratio of one school nurse for every 1,000 pupils enrolled in the school district and submit that plan to the state board of education.
(b) By January 1, 1993, and January 1, 1995, report to the state board of education the progress made in achieving a ratio of one school nurse for every 1,000 pupils enrolled in the school district.
2. The state board of education shall report to the 67th and 68th sessions of the Nevada legislature:
(a) The progress made by the school districts in achieving a ratio of one school nurse for every 1,000 pupils enrolled in a school district.
(b) The need for and the estimated cost of maintaining a ratio of one school nurse for every 1,000 pupils enrolled in a school district.
Sec. 6. 1. This section and section 5 of this act become effective on October 1, 1991.
2. Sections 1 to 4, inclusive, of this act become effective on July 1, 1992.
________
Senate Bill No. 336Committee on Finance
CHAPTER 536
AN ACT making an appropriation to the office of the state controller for expenses relating to the improvement of the existing computerized financial management system; 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. There is hereby appropriated from the state general fund to the office of the state controller the sum of $469,664 for expenses relating to the improvement of the existing computerized financial management system including the upgrade and enhancement of computer software and hardware and maintenance contracts.
κ1991 Statutes of Nevada, Page 1700 (CHAPTER 536, SB 336)κ
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. 316Committee on Finance
CHAPTER 537
AN ACT making an appropriation to the division of archives and records of the state library and archives for expenses related to the scheduling of records for state agencies; 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. There is hereby appropriated from the state general fund to the division of archives and records of the state library and archives the sum of $225,399 for expenses related to the scheduling of records for state agencies.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after July 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. 52Committee on Human Resources and Facilities
CHAPTER 538
AN ACT relating to education; eliminating the requirement that a person who instructs a course of education offered by a community college or university must be qualified to teach secondary education before a pupil enrolled in high school may receive credit towards graduation for completing that course; 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 389.160 is hereby amended to read as follows:
389.160 1. A pupil enrolled in high school who successfully completes a course of education offered by a community college or university in this state which has been approved pursuant to subsection 2, must be allowed to substitute credit for the course so completed for a course required for graduation from high school.
κ1991 Statutes of Nevada, Page 1701 (CHAPTER 538, SB 52)κ
2. With the approval of the state board, the board of trustees of each county school district shall prescribe the courses for which credits may be substituted pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.
[3. For the purposes of this section, the state board shall not approve the inclusion of a course instructed by a person who does not meet the qualifications required for a license to teach secondary education or their equivalent as determined by the commission on professional standards in education.]
________
Senate Bill No. 51Committee on Human Resources and Facilities
CHAPTER 539
AN ACT relating to the University of Nevada System; allowing interlocal agreements in certain counties between the university police and other law enforcement agencies for the rendering of mutual aid; 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 396.325 is hereby amended to read as follows:
396.325 1. The board of regents [is authorized to create] may:
(a) Create a police department for the University of Nevada System and appoint one or more persons to be members of [such department.] the department; and
(b) In a county whose population is less than 400,000, authorize the department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
2. Persons employed and compensated as members of [such police] the department, when so appointed and duly sworn, are peace [officers; but no such officer] officers, but may exercise [his] their powers or authority [except:] only:
(a) Upon the campuses of the University of Nevada System, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area; [or]
(c) In or about other grounds or properties of the University of Nevada System [.] ; or
(d) Except as limited by subsection 3, in accordance with interlocal agreements entered into with other law enforcement agencies.
3. An interlocal agreement between the police department for the University of Nevada System and other law enforcement agencies may allow peace officers of the department to exercise their powers or authority:
(a) On any public street that is adjacent to property owned by the university.
κ1991 Statutes of Nevada, Page 1702 (CHAPTER 539, SB 51)κ
(b) On any property that is consistently used by an organization whose recognition by the university is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the university for an event that is approved by the university.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.
________
Senate Bill No. 2Committee on Commerce and Labor
CHAPTER 540
AN ACT relating to occupational diseases; including parole and probation officers in the definition of police officers for whom certain diseases are presumed to be related to employment; 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 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff or city policeman;
2. A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;
3. A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;
4. An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety;
5. An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;
6. A member of the police department of the University of Nevada System; and
7. A uniformed employee of the department of prisons whose position requires regular and frequent contract with the offenders imprisoned and subjects the employee to recall in emergencies.
8. A parole and probation officer of the department of parole and probation.
________
κ1991 Statutes of Nevada, Page 1703κ
Assembly Bill No. 817Committee on Ways and Means
CHAPTER 541
AN ACT relating to Medicaid fraud; amending Assembly Bill No. 495 of this session to change the appropriation and the authorization for expenditure from the welfare division of the state department of human resources to the attorney general; 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. Section 28 of Assembly Bill No. 495 of this session is hereby amended to read as follows:
Sec. 28. 1. There is hereby appropriated from the state general fund to the [welfare division of the state department of human resources for use by the] attorney general for salary and operational expenses related to the Medicaid fraud control unit as matching money for a related grant made pursuant to Title XIX of the Social Security Act:
For the fiscal year 1991-92................................................ $24,467
For the fiscal year 1992-93................................................ $21,565
2. The following sums are authorized for expenditure by the [welfare division of the state department of human resources for use by the] attorney general for salary and operational expenses related to the Medicaid fraud control unit:
For the fiscal year 1991-92.............................................. $220,198
For the fiscal year 1992-93.............................................. $194,085
3. Any balance of the sums appropriated or expenditures authorized by subsection 1 or 2 of this section remaining at the end of the respective fiscal years must not be committed for expenditure after June 30. Any balance of the sums so appropriated reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1704κ
Assembly Bill No. 809Committee on Judiciary
CHAPTER 542
AN ACT relating to the transfer of interests in property; adding various provisions relating to the creation and validity of trusts; permitting a transfer of custodial property to a minor to be delayed under certain circumstances; defining certain terms relating to the disclaimer of interests in property; 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 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Except as otherwise provided by specific statute, a trust may be created by any of the following methods:
1. A declaration by the owner of property that he holds the property as trustee.
2. A transfer of property by the owner during his lifetime to another person as trustee.
3. A testamentary transfer of property by the owner to another person as trustee.
4. An exercise of a power of appointment to another person as trustee.
5. An enforceable promise to create a trust.
Sec. 3. A trust is created only if:
1. The settlor properly manifests an intention to create a trust; and
2. There is a trust property.
Sec. 4. 1. A trust may be created for any purpose that is not illegal or against public policy.
2. A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of the trust property is within that purpose.
Sec. 5. A trust, other than a charitable trust, is created only if there is a beneficiary. This requirement is satisfied if the trust instrument provides for:
1. A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so that it can be determined whether a person meets the description or is within the class; or
2. A grant of power to the trustee or some other person to select the beneficiary based on a standard or in the discretion of the trustee or other person.
Sec. 6. If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalidated, merged or terminated because:
1. There is one settlor who is the sole trustee and the sole beneficiary during the lifetime of the settlor; or
2. There are two or more settlors, one or more of whom are trustees, and the beneficial interest in the trust is in one or more of the settlors during the lifetime of the settlors.
Sec. 7. 1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:
κ1991 Statutes of Nevada, Page 1705 (CHAPTER 542, AB 809)κ
(a) A written instrument signed by the trustee, or by the agent of the trustee if he is authorized in writing to do so; or
(b) A written instrument conveying the trust property and signed by the settler, or by the agent of the settlor if he is authorized in writing to do so.
2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
Sec. 8. 1. The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. The oral declaration of the settlor, in and of itself, is not sufficient to establish the creation of such a trust.
2. A reference in statute to a trust instrument or declaration means, in the case of an oral trust, the terms of the trust as established by clear and convincing evidence.
Sec. 9. Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if it meets the requirements for enforcement as a contract.
Sec. 10. Chapter 167 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Subject to the limitations of this section, the time for transfer to the minor of custodial property transferred under NRS 167.023, 167.025 or 167.033 may be delayed until a specified time after the time the minor attains 18 years of age. The time must be specified in the transfer made under NRS 167.030.
2. To specify a delayed time for transfer, the words: as custodian for ......................... (name of minor) until he attains the age of ........ (age at which transfer is to occur) years under Nevadas Uniform Act on Transfers to Minors must be submitted in substance for the words: as custodian for .........................(name of minor) under Nevadas Uniform Act on Transfers to Minors in making the transfer under NRS 167.030.
3. The time for transfer to the minor of custodial property transferred under NRS 167.025 or 167.033 may be delayed under this section only if the governing will, trust or nomination provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age, and in such a case the will, trust or nomination determines the time to be specified in making the transfer under NRS 167.030.
4. The time for transfer to the minor of custodial property transferred under NRS 167.023 may be delayed only if the transfer under NRS 167.030 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor:
(a) Attains 21 years of age, in the case of a transfer by irrevocable gift under NRS 167.023; or
(b) Attains 25 years of age, in the case of a transfer by irrevocable exercise of a power of appointment under NRS 167.023.
5. If a transfer under NRS 167.030 provides in substance that the duration of the custodianship is for a time longer than the maximum time permitted by this section, the custodianship shall be deemed to continue only until the time the minor attains the maximum age permitted by this section for the duration of a custodianship created by that type of transfer.
κ1991 Statutes of Nevada, Page 1706 (CHAPTER 542, AB 809)κ
the minor attains the maximum age permitted by this section for the duration of a custodianship created by that type of transfer.
6. The provisions of this section do not apply to any transfer made under NRS 167.027 or 167.029.
Sec. 11. NRS 167.095 is hereby amended to read as follows:
167.095 The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minors estate upon the earlier of:
1. The minors attainment of 18 years of age with respect to custodial property transferred under NRS 167.023 [or 167.025;
2. The minors attainment of 18 years of age with respect to custodial property transferred under NRS] , 167.025, 167.027 or 167.029 [; or
3. ] , or the age provided for under section 10 of this act, whichever is later; or
2. The minors death.
Sec. 12. NRS 120.010 is hereby amended to read as follows:
120.010 As used in this chapter, unless the context otherwise requires:
1. Beneficiary means any person entitled, but for his disclaimer, to take an interest:
(a) By intestate succession;
(b) By devise;
(c) By legacy or bequest;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) As beneficiary of a testamentary trust;
(g) Pursuant to the exercise or nonexercise of a power of appointment;
(h) As donee of any power of appointment;
(i) By right of survivorship; or
(j) As beneficiary of an inter vivos gift, whether outright or in trust.
2. Interest means the whole of any property, real or personal, legal or equitable, present or future, or any fractional part, share or particular portion or specific assets thereof, or a joint tenancy or any other estate in any such property, or power to appoint, consume, apply or expend property, or any other right, power, privilege or immunity relating thereto.
3. Disclaimer means a written instrument which declines, refuses, renounces or disclaims any interest which would otherwise be succeeded to by a beneficiary.
4. Disclaimant means a person who executes a disclaimer. The term includes a beneficiary, his guardian, executor, administrator or general attorney in fact.
________
κ1991 Statutes of Nevada, Page 1707κ
Assembly Bill No. 806Committee on Government Affairs
CHAPTER 543
AN ACT relating to general improvement districts; allowing additional members to serve on a local district managing board; providing specified powers to the board of trustees of certain districts concerning storm drainage or flood control improvements; 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 318.09535 is hereby amended to read as follows:
318.09535 1. Whenever a board of county commissioners is the board of trustees of any district organized or reorganized pursuant to this chapter or is exercising any powers pursuant to NRS 244.157, the board may by ordinance establish a local district managing board for the district.
2. Such a local district managing board must consist of [five] not less than 5 members and not more than 12 members who are qualified electors of the district. The members must be:
(a) Appointed by the board of county commissioners; or
(b) Elected by the qualified electors of the district.
3. If the local district managing board is elective, the initial appointments and subsequent elections must be conducted in the manner provided in this chapter for trustees of a district.
4. An ordinance establishing a local district managing board must:
(a) Provide for the compensation which members of the board are to receive for their services;
(b) Provide for the terms of office for the members of the board;
(c) Contain a recital of the powers delegated and duties assigned by the board of county commissioners to the local district managing board; and
(d) Provide that the local district managing board does not have the power to tax, issue bonds or call for an election for the issuance of bonds. All taxes must be levied and bonds issued by the board of county commissioners as generally provided in this chapter.
5. Any vacancy on the board must be filled by a qualified elector of the district who is appointed by the board of county commissioners. If the local district managing board is appointive, the person appointed to fill the vacancy must be appointed to serve the remainder of the unexpired term. If the board is elective, the appointee must be appointed to serve until the [1st] first Monday in January when his successor in office, elected at the biennial election next following the vacancy, qualifies.
6. The local district managing board may be dissolved by the board of county commissioners after notice and hearing whenever the board of county commissioners determines:
(a) The local district managing board is no longer necessary; or
(b) The services of the district can be more effectively performed by another district.
κ1991 Statutes of Nevada, Page 1708 (CHAPTER 543, AB 806)κ
Sec. 2. NRS 318.135 is hereby amended to read as follows:
318.135 In the case of a district created wholly or in part for acquiring , improving or operating storm drainage or flood control improvements, the board [shall have the power to] may construct, reconstruct, replace or extend storm sewer and other drainage or flood control facilities and improvements necessary and incidental thereto within the district, including, [without limiting the generality of the foregoing,] but not limited to, the laying of pipes and the erection of catch basins, drains and necessary inlets and outlets.
Sec. 3. NRS 318.197 is hereby amended to read as follows:
318.197 1. The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, sewer, water, storm drainage, flood control, lighting, garbage or refuse rates, tolls or charges [(] other than special assessments , [),] including , but not [necessarily] limited to , service charges and stand-by service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge such revenue for the payment of any indebtedness or special obligations of the district.
2. Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served . [, and such] A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments [,] and is not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments . [, and any such lien may] A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.
4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:
(a) The granting of discounts for prompt payment of bills.
(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 years charges [either] from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used . [; but in] In case of nonpayment of all or part of a bill [such] , the deposits or prepaid charges [shall] must be applied only insofar as necessary to liquidate the cumulative amount of [such] the charges plus penalties and cost of collection.
(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.
κ1991 Statutes of Nevada, Page 1709 (CHAPTER 543, AB 806)κ
5. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty [shall] must not be more than 10 percent of each months charges for the first month delinquent. In addition to the basic penalty [it] , the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the [1st] first day of the calendar month following the date of payment specified in the bill the charge becomes delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. [It] The board may provide for collection of the penalties provided for in this section.
6. The board may provide that charges for any service [shall] must be collected together with and not separately from the charges for any other service rendered by it, and that all charges [shall] must be billed upon the same bill and collected as one item.
7. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by [such] the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by [any such] the person, firm or corporation pursuant to [any such] a contract is not paid and if [such] the person, firm or corporation renders any public utility service to the person billed, [such] the person, firm or corporation may discontinue its utility service until [such] the bill is paid, and the contract between the board and [such] the person, firm or corporation may so provide.
8. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
9. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;
(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;
(c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
________
κ1991 Statutes of Nevada, Page 1710κ
Assembly Bill No. 800Committee on Taxation
CHAPTER 544
AN ACT relating to taxation; excluding the generation-skipping transfer and estate taxes from the provisions exempting certain bonds from taxation; 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 349.202 is hereby amended to read as follows:
349.202 Taxation means the levy and collection of taxes as defined in NRS 349.204, but in NRS 349.354 taxation pertains to any type of tax, including, without limitation, any business, occupation or privilege tax, any other excise tax, and any property tax, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS [.] and the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 2. NRS 349.354 is hereby amended to read as follows:
349.354 [Bonds]
1. Except as otherwise provided in subsection 2, bonds and other securities issued pursuant to the provisions of the State Securities Law, their transfer and the income therefrom must forever be and remain free and exempt from taxation by this state or any subdivision thereof . [, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.]
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 3. NRS 350.558 is hereby amended to read as follows:
350.558 Taxation means the levy and collection of taxes as defined in NRS 350.560, but in NRS 350.710 taxation pertains to any type of tax, including, without limitation, any business, occupation or privilege tax, any other excise tax, and any property tax, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS [.] and the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 4. NRS 350.710 is hereby amended to read as follows:
350.710 [Bonds]
1. Except as otherwise provided in subsection 2, bonds and other securities issued pursuant to the provisions of the Local Government Securities Law, their transfer and the income therefrom must forever be and remain free and exempt from taxation by this state or any subdivision thereof . [, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.]
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
κ1991 Statutes of Nevada, Page 1711 (CHAPTER 544, AB 800)κ
generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 5. NRS 271.520 is hereby amended to read as follows:
271.520 [Bonds]
1. Except as otherwise provided in subsection 2, bonds and interim warrants issued hereunder, their transfer, and the income therefrom, must forever be and remain free and exempt from taxation by the state and any subdivision thereof . [, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.]
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 6. NRS 279.310 is hereby amended to read as follows:
279.310 1. A municipality may issue bonds from time to time to finance the undertaking of any urban renewal project under NRS 279.010 to 279.380, inclusive, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and also may issue refunding bonds for the payment or retirement of [such] the bonds previously issued by it. [Such] The bonds must be made payable, as to both principal and interest, solely from the income, proceeds, revenues and [funds] money of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under NRS 279.010 to 279.380, inclusive. Payment of [such] the bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban renewal projects of the municipality under NRS 279.010 to 279.380, inclusive, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.
2. Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and are not subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of NRS 279.010 to 279.380, inclusive, are declared to be issued for an essential public and governmental purpose . [and,] The bonds together with interest thereon and income therefrom, are exempted from all taxes [.] , except the tax on estates imposed pursuant to the provisions of chapter 375A of NRS and the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
3. Bonds issued under this section must be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, which must not exceed by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such a resolution or trust indenture or mortgage issued pursuant thereto.
κ1991 Statutes of Nevada, Page 1712 (CHAPTER 544, AB 800)κ
without premium, be secured in such manner, and have such other characteristics, as may be provided by such a resolution or trust indenture or mortgage issued pursuant thereto.
4. [Such] The bonds may be sold at public sales held after notice published before those sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine, or may be exchanged for other bonds on the basis of par. [Such] The bonds may be sold to the Federal Government at private sale and, in the event less than all of the authorized principal amount of [such] the bonds is sold to the Federal Government, the balance may be sold at private sale at an interest cost to the municipality of not more than the interest cost to the municipality of the portion of the bonds sold to the Federal Government.
5. If any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under NRS 279.010 to 279.380, inclusive, cease to be such officials before the delivery of the bonds, their signatures are nevertheless valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 279.010 to 279.380, inclusive, must be fully negotiable.
6. In any suit, action or proceeding involving the validity or enforceability of any bond issued under NRS 279.010 to 279.380, inclusive, or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project shall be conclusively deemed to have been issued for that purpose and the project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of NRS 279.010 to 279.380, inclusive.
Sec. 7. NRS 279.670 is hereby amended to read as follows:
279.670 [Bonds]
1. Except as otherwise provided in subsection 2, bonds issued pursuant to the provisions of NRS 279.382 to 279.680, inclusive, are issued for an essential public and governmental purpose, and together with interest on them and income from them are exempt from all taxes . [, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.]
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 8. NRS 396.881 is hereby amended to read as follows:
396.881 [Bonds]
1. Except as otherwise provided in subsection 2, bonds and other securities issued pursuant to the provisions of the University Securities Law, their transfer and the income therefrom must forever be and remain free and exempt from taxation by this state or any subdivision thereof . [, except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.]
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
κ1991 Statutes of Nevada, Page 1713 (CHAPTER 544, AB 800)κ
Sec. 9. Section 21 of chapter 844, Statutes of Nevada 1989, at page 2029, is hereby amended to read as follows:
Sec. 21. 1. [Bonds] Except as otherwise provided in subsection 2, bonds issued pursuant to this act, and the income therefrom, are exempt from all state and local taxation.
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
3. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may invest money within their control in bonds of the authority.
Sec. 10. Section 27 of chapter 458, Statutes of Nevada 1983, at page 1215, is hereby amended to read as follows:
Sec. 27. 1. [Bonds] Except as otherwise provided in subsection 2, bonds issued pursuant to this act, and the income therefrom, are exempt from all state, county and municipal taxation.
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
3. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds of the authority.
Sec. 11. Section 27 of chapter 474, Statutes of Nevada 1977, at page 975, is hereby amended to read as follows:
Sec. 27. 1. [Bonds] Except as otherwise provided in subsection 2, bonds issued pursuant to this act, and the income therefrom, are exempt from all state, county and municipal taxation.
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
3. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds of the authority.
κ1991 Statutes of Nevada, Page 1714 (CHAPTER 544, AB 800)κ
Sec. 12. Section 21 of chapter 164, Statutes of Nevada 1947, at page 550, is hereby amended to read as follows:
Sec. 21. [The]
1. Except as otherwise provided in subsection 2, the effectuation of the authorized purposes of the district, created under this act, shall and will be in all respects for the benefit of the people of the State of Nevada for the increase of their commerce and prosperity and for the improvement of their health and living conditions, and since such district will be performing essential governmental functions in effectuating such purposes, such district shall not be required to pay any taxes or assessments upon any property acquired or used by it for such purposes, and the bonds issued by such district, their transfer, and the income therefrom (including any profit made on the sale thereof), shall at all times be free from taxation within the State of Nevada.
2. The provisions of subsection 1 that exempt bonds, their transfer and the income therefrom from taxation by the state and any subdivision thereof do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
Sec. 13. Section 19 of chapter 167, Statutes of Nevada 1947, as last amended by chapter 368, Statutes of Nevada 1987, at page 843, is hereby amended to read as follows:
Sec. 19. 1. If any areas of the district lie within the boundaries of any incorporated city or town, the district shall, within the limits of the municipal corporation, comply with all laws and ordinances of the incorporated city or town covering fire codes, building codes, electrical codes and plumbing codes, except that the district may make its own installations. The district shall comply with planning and zoning ordinances except as to the construction of wells, reservoirs, pump stations, substations and other facilities used for the production, storage and distribution of water in the area embraced within the now existing well field in the following described parcel of land, being portions of sections 29, 30, 31 and 32, T. 20 S., R. 61 E., M.D.B. & M., more particularly described as follows:
Commencing at the intersection of the northerly boundary line of West Charleston Boulevard with the westerly boundary line of E 1/2 of E 1/2 of section 31; thence northerly along the westerly boundary of the E 1/2 of E 1/2 of section 31 and the westerly boundary line of the E 1/2 of the E 1/2 of section 30 to a point distant southerly along said boundary line 400 feet from the northerly boundary line of the S 1/2 of S 1/2 of section 30; thence easterly parallel to and distant 400 feet from the northerly boundary line of the S 1/2 of the S 1/2 of section 30 and the northerly boundary line of the S 1/2 of the S 1/2 of section 29 to a point distant 400 feet southerly parallel to westerly boundary line of section 29 from a point in the northerly boundary line of the S 1/2 of the S 1/2 of section 29 distant along said northerly boundary 2,300 feet from the northeast corner of the S 1/2 of SW 3/4 of section 29; thence south 400 feet parallel to the west line of said section 29; thence easterly in a direct line to a point on the north-south center line of said section 29 distant south thereon 700 feet southerly from the northeast corner of said S 1/2 of the SW 3/4 of said section 29; thence south along said north-south center line to the south line of said section 29; thence continuing southerly 300 feet to a point; thence westerly 1,400 feet parallel to the northerly line of section 32 to a point; thence southwesterly in a direct line to a point in the westerly boundary line of said section 32 distant northerly along said boundary line 550 feet from the southwest corner of the NW 1/2 of said section 32; thence southerly along the westerly boundary line of said section 32 to its intersection with the northerly boundary line of West Charleston Boulevard; thence along the northerly boundary line of West Charleston Boulevard to the point of commencement.
κ1991 Statutes of Nevada, Page 1715 (CHAPTER 544, AB 800)κ
south thereon 700 feet southerly from the northeast corner of said S 1/2 of the SW 3/4 of said section 29; thence south along said north-south center line to the south line of said section 29; thence continuing southerly 300 feet to a point; thence westerly 1,400 feet parallel to the northerly line of section 32 to a point; thence southwesterly in a direct line to a point in the westerly boundary line of said section 32 distant northerly along said boundary line 550 feet from the southwest corner of the NW 1/2 of said section 32; thence southerly along the westerly boundary line of said section 32 to its intersection with the northerly boundary line of West Charleston Boulevard; thence along the northerly boundary line of West Charleston Boulevard to the point of commencement.
2. The district may enlarge, maintain, repair and reconstruct present existing facilities now located on property now owned by the district.
3. The district may own and operate its system for the distribution of water within the boundaries of any municipal corporation lying wholly or partly within the boundaries of the district. No franchise tax may be imposed for the privilege, but the district shall install and operate its properties and facilities within the boundaries of the municipal corporation in such a manner as to cause a minimum of inconvenience. Where such facilities are installed in the public streets and alleys, subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts of any municipal corporation, the district shall restore such structures within a reasonable time to as good a condition as they were in before the installation. The district shall notify the municipality before the opening and restoring of the original condition of the structure in the municipal corporation.
4. All property of the district is exempt from taxes imposed by the State of Nevada and its political subdivisions. The bonds issued by the district and the income from them are also exempt from taxation in this state [.] except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS and the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
5. The district and the Colorado River commission may enter into such leases and agreements with each other for short or long terms as may be considered mutually desirable in order to carry out the purposes of this act. Any agreement may specifically, but without limitation, grant to the district the right to take from the Colorado River all water not heretofore otherwise appropriated to which the State of Nevada may be entitled and to purchase from the Colorado River commission all or any part of the water of the Colorado River which is under the jurisdiction of the commission and which has not heretofore been allocated to or appropriated by other users.
Sec. 14. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1716κ
Assembly Bill No. 756Assemblymen Johnson, Petrak, Anderson, Scherer and Norton
CHAPTER 545
AN ACT relating to statutory liens; establishing additional requirements for notice relating to liens on mobile homes or manufactured homes; authorizing and establishing the procedure for contesting a lien on a mobile home or manufactured home in a justices court; expanding the jurisdiction of justices courts; 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 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in NRS 108.270 to 108.360, inclusive, and sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 108.267 and sections 3 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Landlord means the owner or lessor of:
1. A mobile home lot;
2. A mobile home park; or
3. Land which is not located within a mobile home park, but which is rented or held out for rent to accommodate a mobile home or a manufactured home.
Sec. 4. Manufactured home has the meaning ascribed to it in NRS 489.113.
Sec. 5. Mobile home has the meaning ascribed to it in NRS 489.120.
Sec. 6. Mobile home lot has the meaning ascribed to it in NRS 118B.016.
Sec. 7. Mobile home park has the meaning ascribed to it in NRS 118B.017.
Sec. 8. Registered owner means a person whose name appears in the files of the manufactured housing division of the department of commerce as the person to whom the mobile home or manufactured home is registered, but does not include:
1. A creditor who holds title to the mobile home or manufactured home; or
2. The owner or holder of a lien encumbering the mobile home or manufactured home.
Sec. 9. (Deleted by amendment.)
Sec. 10. In addition to the requirements set forth in NRS 108.272, the notice of a lien on a mobile home or manufactured home must include:
1. The amount necessary to satisfy the lien; and
2. A description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and section 12 of this act.
Sec. 11. 1. The manufactured housing division of the department of commerce shall provide a notice of lien on a mobile home or manufactured home and a notice of a sale by auction of a mobile home or manufactured home that complies with the requirements of NRS 108.270 to 108.360, inclusive.
κ1991 Statutes of Nevada, Page 1717 (CHAPTER 545, AB 756)κ
2. A notice of lien on a mobile home or manufactured home or a notice of a sale by auction of a mobile home or manufactured home must be made on a form provided by the manufactured housing division of the department of commerce.
Sec. 12. 1. A person contesting the validity of a lien on a mobile home or manufactured home may file a notice of opposition to the lien in the justices court in whose jurisdiction the mobile home or manufactured home is located. The notice of opposition must be filed within 5 days after the person filing the notice receives the notice of sale by auction, must be made on a form provided by the clerk of the justices court and must include the facts supporting the notice. The person filing the notice shall serve certified copies of it upon the lien claimant and the manufactured housing division of the department of commerce.
2. Upon the filing of the notice of opposition to the lien, the justice of the peace shall schedule a hearing on the notice, which must be held as soon as practicable but not sooner than 5 days after service of the notice. The justice of the peace shall affix the date of the hearing to the notice and order that a copy be served upon the lien claimant within 5 days after the date of the order.
3. The justice of the peace shall either dismiss the objections to the lien claim, declare the lien invalid or declare the amount of the lien if it is different from that described by the lien claimant.
4. After receipt of a notice of opposition to a lien or other notice pursuant to any proceeding to contest the validity of a lien, the manufactured housing division of the department of commerce shall not transfer the title to the mobile home or manufactured home that is the subject of the lien until the matter has been adjudicated.
Sec. 13. (Deleted by amendment.)
Sec. 14. 1. A lien asserted against a mobile home or manufactured home expires 1 year after it is filed with the manufactured housing division of the department of commerce.
Sec. 15. NRS 108.267 is hereby amended to read as follows:
108.267 [As used in NRS 108.270 to 108.360, inclusive:
1.] Legal owner means the person in whom the ownership or title of the property is vested or who has a legal right to possession of the property.
[2. Trailer means every vehicle defined in NRS 482.110, 482.125, 484.069 and 484.0795.]
Sec. 16. NRS 108.270 is hereby amended to read as follows:
108.270 Subject to the provisions of NRS 108.315:
1. A person engaged in the business of buying or selling automobiles , or keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment [or trailers,] , mobile homes or manufactured homes, or keeping a [trailer] mobile home park , mobile home lot or other land for rental of [parking] spaces for [trailers,] mobile homes or manufactured homes, and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, motorcycle, motor equipment [or trailer,] , mobile home or manufactured home, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or his representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon the motor vehicle, motorcycle, motor equipment [or trailer,] , mobile home or manufactured home or any part or parts thereof for the sum due for such towing, storing, maintaining, keeping or repairing of the motor vehicle, motorcycle, motor equipment, [or trailer,] mobile home or manufactured home or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such a lien.
κ1991 Statutes of Nevada, Page 1718 (CHAPTER 545, AB 756)κ
other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon the motor vehicle, motorcycle, motor equipment [or trailer,] , mobile home or manufactured home or any part or parts thereof for the sum due for such towing, storing, maintaining, keeping or repairing of the motor vehicle, motorcycle, motor equipment, [or trailer,] mobile home or manufactured home or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such a lien.
2. A person who at the request of the legal owner performed labor on, furnished materials or supplies or provided storage for any aircraft, aircraft equipment or aircraft parts is entitled to a lien for such services, materials or supplies and for the costs incurred in enforcing the lien.
3. Any person who is entitled to a lien as provided in subsections 1 and 2 may, without process of law, detain the motor vehicle, motorcycle, motor equipment, [trailer,] mobile home, manufactured home, aircraft, aircraft equipment or aircraft parts at any time it is lawfully in his possession until the sum due to him is paid.
Sec. 17. NRS 108.272 is hereby amended to read as follows:
108.272 1. Except as otherwise provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of the [person to be notified,] legal owner and registered owner of, and each person who holds a security interest in, the property, and if no address is known then addressed to that person at the place where the lien claimant has his place of business.
2. Any person who claims a lien on aircraft, aircraft equipment or parts shall:
(a) Within 120 days after he furnishes supplies or services; or
(b) Within 7 days after he receives an order to release the property,
whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.
3. The notice must contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, [or trailer] mobile home or manufactured home against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.
(d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, [or trailer] mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
κ1991 Statutes of Nevada, Page 1719 (CHAPTER 545, AB 756)κ
Sec. 18. NRS 108.280 is hereby amended to read as follows:
108.280 Any person who acquires a lien under the provisions of NRS 108.270 does not lose the lien by allowing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, [or trailer,] mobile home or manufactured home, or parts thereof to be removed from control of the person having such lien.
Sec. 19. NRS 108.290 is hereby amended to read as follows:
108.290 1. [Except as provided in subsection 2, any lien in excess of $750] If property that is the subject of a lien which is acquired as provided in NRS 108.270 to 108.360, inclusive, is [a secondary lien when the motor vehicle, motorcycle, motor equipment, or trailer in question is] the subject of a secured transaction [.] , the lien:
(a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien; and
(b) In all other cases, if the amount of the lien:
(1) Does not exceed $750, is a first lien.
(2) Exceeds $750, is a second lien.
2. The lien of a [trailer park keeper] landlord may not exceed $2,000 or the total amount due and unpaid for rentals and utilities, whichever is the lesser.
Sec. 20. NRS 108.300 is hereby amended to read as follows:
108.300 1. The lien created in NRS 108.270 to 108.360, inclusive, does not deprive the lien claimant of any remedy allowed by law to a creditor against his debtor for the collection of all charges and advances which he has made in connection with any work or services, or supplies, facilities or accessories furnished for, on or about any motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer] , mobile home or manufactured home pursuant to an expressed or implied contract between the lien claimant and the owner, or the representative of the owner of the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer.] , mobile home or manufactured home.
2. Any insurance company, having outstanding and in effect appropriate insurance coverage therefor, which has been given notice in writing of a debt or obligation incurred for the towing or repair of any motor vehicle damaged by an insured of the company, for which the insured is legally responsible becomes, subject to the conditions and provisions of the insurance policy, indebted to the claimant for such towing or repair services, for the reasonable expenses incurred for towing or repair of the vehicle, if the claimant has given notice to the company or its agent at least 3 days before the date of any settlement or award effected by the company in connection therewith.
3. In determining the amount of the indebtedness for such towing or repairing of a damaged vehicle, the insurance company is not responsible for any sum of money over and above the sum of the entire settlement or award, or the entire amount of the property damage coverage of the policy, whichever is less.
4. Any payment made by the company pursuant to this section relieves the company from further liability in connection with towing or repairing of the damaged vehicle.
κ1991 Statutes of Nevada, Page 1720 (CHAPTER 545, AB 756)κ
Sec. 21. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer,] , mobile home or manufactured home, upon which the lien is asserted, and to the:
(a) Manufactured housing division of the department of commerce with regard to mobile homes , manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or
(b) Registration division of the department of motor vehicles and public safety with regard to all other items included in this section.
2. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer.] , mobile home or manufactured home. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.
3. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer] , mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place. The sale must not be held less than 22 days after the time of the first publication.
4. From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer.] , mobile home or manufactured home.
Sec. 22. NRS 108.315 is hereby amended to read as follows:
108.315 1. Any [keeper of a trailer park] landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, [shall,] must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the [trailer,] mobile home or manufactured home, for the amount due, stating that a lien is claimed on the [trailer.] mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest in [the trailer] , and every tenant or subtenant of, the mobile home or manufactured home, and to the manufactured housing division of the department of commerce, by registered or certified mail.
κ1991 Statutes of Nevada, Page 1721 (CHAPTER 545, AB 756)κ
2. For the purpose of obtaining the name and address of a holder of a security interest in the [trailer, the trailer park keeper] mobile home or manufactured home, the landlord shall , before making the demand for payment, request that information [before making the demand for payment] from the:
(a) Manufactured housing division of the department of commerce with regard to mobile homes , manufactured homes, and commercial coaches as defined in chapter 489 of NRS.
(b) Department of motor vehicles and public safety with regard to all other vehicles.
The state agency shall supply that information from its records or, if the [trailer] mobile home or manufactured home is registered in another state, territory or country, obtain the information from the appropriate agency of that state, territory or country.
3. A landlord who enforces a lien for unpaid rent may recover an amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;
(c) The cost and fees ordered by a court in any action contesting the validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310
4. No [trailer] mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment [.] , and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest in the [trailer] mobile home or manufactured home by registered or certified mail stating that a sale by auction of the [trailer] mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and section 12 of this act.
Sec. 23. NRS 108.320 is hereby amended to read as follows:
108.320 At any time before the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer] , mobile home or manufactured home is so sold, any person claiming a right of property or possession therein may pay the lien claimant the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lien claimant shall deliver the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer] , mobile home or manufactured home to the person making the payment if he is a person entitled to the possession of the property on payment of the charges thereon.
Sec. 24. NRS 108.330 is hereby amended to read as follows:
108.330 The remedy for enforcing the lien provided in NRS 108.270 to 108.360, inclusive, does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lienholders claim as [shall not be] is not paid by the proceeds of the sale of the property.
κ1991 Statutes of Nevada, Page 1722 (CHAPTER 545, AB 756)κ
the enforcement of a lien against personal property nor bar the right to recover so much of the lienholders claim as [shall not be] is not paid by the proceeds of the sale of the property.
Sec. 25. NRS 108.340 is hereby amended to read as follows:
108.340 After goods have been lawfully sold to satisfy the lien created in NRS 108.270 to 108.360, inclusive, the lien claimant is not liable for failure to deliver the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer] , mobile home or manufactured home to the owner or claimant.
Sec. 26. NRS 108.350 is hereby amended to read as follows:
108.350 Nothing contained in NRS 108.270 to 108.360, inclusive, precludes the owner of any motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer,] , mobile home or manufactured home, or precludes any other person having an interest or equity in the property, from contesting the validity of the lien, and for this purpose all legal rights and remedies that the person would now have are reserved to and retained by him [; but] , except that, after a sale has been made to an innocent third party the lien claimant is solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner provided in those sections.
Sec. 27. NRS 108.360 is hereby amended to read as follows:
108.360 Any person who incurs a bill upon a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts [or trailer,] , mobile home or manufactured home, without the authority of the owner thereof, or by misrepresentation, is guilty of a misdemeanor.
Sec. 28. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $5,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $5,000.
(c) Except as otherwise provided in paragraph (1) in actions for a fine, penalty or forfeiture not exceeding $5,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $5,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $5,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $5,000.
κ1991 Statutes of Nevada, Page 1723 (CHAPTER 545, AB 756)κ
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $5,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $5,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $5,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) To issue a temporary or extended order for protection against domestic violence.
(n) In small claims actions under the provisions of chapter 73 of NRS.
(o) In actions to contest the validity of liens on mobile homes or manufactured homes.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 29. NRS 489.571 is hereby amended to read as follows:
489.571 1. Whenever a security interest is created in a manufactured home, mobile home or commercial coach, the certificate of ownership must be delivered to the division with a statement signed by the debtor showing the date of the security agreement, the names and addresses of the debtor and the secured party.
2. The division shall issue to the secured party a certificate of ownership with the name and address of the secured party and the name and address of the registered owner noted on it. If the security interest is subsequently acquired by another person, or if there is a change in the name or address of the secured party, the secured party shall apply to the division for a corrected certificate of ownership.
κ1991 Statutes of Nevada, Page 1724 (CHAPTER 545, AB 756)κ
3. When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds the certificate of ownership shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.
Sec. 30. Section 28 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 683Committee on Government Affairs
CHAPTER 546
AN ACT relating to counties; authorizing a county to issue general obligation bonds for water projects; 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 244A of NRS is hereby amended by adding thereto a new section to read as follows:
Water project means facilities pertaining to a county water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.
Sec. 2. NRS 244A.013 is hereby amended to read as follows:
244A.013 Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.055, inclusive, and section 1 of this act, govern the construction hereof.
Sec. 3. NRS 244A.057 is hereby amended to read as follows:
244A.057 Any board, upon behalf of the county and in its name, may acquire, improve, equip, operate and maintain, within the county:
1. A building project;
2. A drainage and flood control project;
3. An offstreet parking project;
4. An overpass project;
5. A park project;
κ1991 Statutes of Nevada, Page 1725 (CHAPTER 546, AB 683)κ
6. A street project; [and]
7. An underpass project [.] ; and
8. A water project.
Sec. 4. The legislature hereby declares that this act is not intended to change, alter or affect the requirements of chapter 37 of NRS as they apply to the acquisition of an existing water project by a county through the power of eminent domain.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 670Committee on Judiciary
CHAPTER 547
AN ACT relating to residential confinement; authorizing justices of the peace and municipal judges to order residential confinement as punishment without the consent of the offender; 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 4.3762 is hereby amended to read as follows:
4.3762 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be [in order] to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the department of parole and probation may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the persons activities while inside his residence,
must not be used.
κ1991 Statutes of Nevada, Page 1726 (CHAPTER 547, AB 670)κ
4. [The justice of the peace shall not sentence a convicted person to a term of residential confinement unless he agrees to the sentence.
5.] A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 2. NRS 5.076 is hereby amended to read as follows:
5.076 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the department of parole and probation may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the persons activities while inside his residence,
must not be used.
4. [The municipal judge shall not sentence a convicted person to a term of residential confinement unless he agrees to the sentence.
5.] A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 3. Sections 1 and 2 of this act become effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1727κ
Assembly Bill No. 648Committee on Government Affairs
CHAPTER 548
AN ACT relating to the use of water in Washoe County; providing that the board of county commissioners of Washoe County are ex officio members of the Regional Water Planning and Advisory Board of Washoe County; providing limitations on the expenditure of the tax collected by the board; making various changes relating to the duties and powers of the board; 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. Section 6 of chapter 487, Statutes of Nevada 1983, as amended by chapter 529, Statutes of Nevada 1985, at page 1601, is hereby amended to read as follows:
Sec. 6. The [board consists of:
1. Three members of the Reno city council, designated by that council
2. Three] members of the board of county commissioners of Washoe County [, one of whom represents district number two and one of whom represents district number five as those districts respectively exist on the effective date of this act, and one designated by that board.
3. Two members of the Sparks city council or one such member and the mayor of the City of Sparks, designated by that council.
4. One member who is a representative of the general public to be designated by the members of the board.] are ex officio members of the board.
Sec. 2. Section 7.6 of chapter 487, Statutes of Nevada 1983, as added by section 9 of chapter 529, Statutes of Nevada 1985, at page 1604, is hereby amended to read as follows:
Sec. 7.6. 1. The board shall meet at the call of the president and as frequently as the board deems necessary. All meetings of the board must be held within the region.
2. No business of the board may be transacted except at a regular or special meeting.
3. Except as otherwise provided in subsection 4, no meeting of the board may commence or continue unless a quorum consisting of at least [six] three members of the board is present. An affirmative vote by a majority of the members [present] elected to the board is required to take action with respect to any matter.
[4. The board may take action with respect to ministerial matters when five members of the board are present.]
Sec. 3. Section 8 of chapter 487, Statutes of Nevada 1983, as amended by chapter 529, Statutes of Nevada 1985, at page 1602, is hereby amended to read as follows:
Sec. 8. Except as otherwise provided in section 8.2 of this act, the holding of any governmental office or employment or the ownership of any property within the region does not disqualify a person for:
1. Membership on the board or the technical advisory committee;
κ1991 Statutes of Nevada, Page 1728 (CHAPTER 548, AB 648)κ
2. Employment by the board; or
3. Compensation for services as an officer, employee or agent of the board.
Sec. 4. Section 8.4 of chapter 487, Statutes of Nevada 1983, as added by section 9 of chapter 529, Statutes of Nevada 1985, at page 1604, is hereby amended to read as follows:
Sec. 8.4. 1. [There is hereby created] The board shall create a technical advisory committee of not less than five members selected by the board to give advice and technical assistance to the board in carrying out its duties. [The member of the board representing the general public shall act as chairman of the committee and must have the same qualifications as the other members of the committee.]
2. The members of the committee may be engaged or employed in private enterprise or employees of state or local governmental agencies, and must be:
(a) Professional engineers licensed pursuant to the provisions of chapter 625 of NRS;
(b) Specialists in hydrology; or
(c) Persons with experience in the management of water.
3. The committee shall meet at the call of the chairman and as frequently as it deems necessary.
4. No member of the committee is entitled to receive compensation for his services as a member of the committee.
Sec. 5. Section 8.6 of chapter 487, Statutes of Nevada 1983, as added by section 9 of chapter 529, Statutes of Nevada 1985, at page 1604, is hereby amended to read as follows:
Sec. 8.6. 1. The board shall, on a form prescribed by the Nevada tax commission, annually prepare a budget for the ensuing fiscal year. On or before February 15, the board shall submit a copy of the budget to the governing board for regional planning in Washoe County, the Reno city council [,] and the Sparks city council . [and the board of county commissioners of Washoe County.]
2. Each of these local governmental entities shall review the budget and submit any comments regarding the budget on or before March 15 to the Nevada tax commission.
3. The Nevada tax commission shall:
(a) Review the budget as to its form;
(b) Determine the rate of levy, not to exceed one-half cent on each $100 of assessed valuation, which, when applied to the assessed valuation of all taxable property within the region, will produce an amount, when combined with the other revenues of the board, sufficient to pay the expenses budgeted by the board for its operation during the ensuing fiscal year; and
(c) Certify to the board [and the board of county commissioners of Washoe County] the rate of levy determined pursuant to paragraph (b).
4. The board shall instruct the county to levy a tax upon all taxable property in accordance with the certified rate at the time and in the manner required by law for the levying of taxes for county purposes.
κ1991 Statutes of Nevada, Page 1729 (CHAPTER 548, AB 648)κ
5. The proper officer [or authority of Washoe County,] on behalf of the board, shall levy and collect the tax at the certified rate. The tax must be collected in the same manner, including interest and penalties, as other taxes collected by the county. When collected, the tax must be paid to the board in monthly installments for deposit in the appropriate depository.
6. The executive director of the department of taxation shall add the amount of tax collected pursuant to this section to the maximum combined revenue otherwise allowable to Washoe County [under NRS 354.59805, 354.59811 and 354.59816.] pursuant to NRS 354.59811.
Sec. 6. Section 11.3 of chapter 487, Statutes of Nevada 1983, as added by section 9 of chapter 529, Statutes of Nevada 1985, at page 1605, is hereby amended to read as follows:
Sec. 11.3. The board shall, by using to the extent practicable existing reports and studies:
1. Develop [a regional plan] and revise, as necessary, plans for regional facilities for the present and future use of water resources within the region in a manner [which considers] that:
(a) Is consistent with and carries out the provisions of the comprehensive regional plan adopted by the governing board for regional planning in Washoe County pursuant to NRS 278.0276;
(b) Considers existing statutes [or ordinances or] and ordinances adopted by local governmental entities;
(c) Is consistent with and carries out the provisions of the comprehensive plans, areas plans and master plans for the use of land which are adopted by local governmental entities within the region [, and which recognizes and coordinates] ; and
(d) Recognizes and coordinates the needs of the incorporated areas of the region with the outer unincorporated areas of that region.
2. Develop methods for conserving existing supplies of water [.] which are consistent with any other statutorily required plans.
3. Identify potential supplies of water and determine the extent of those supplies and the nature of the problems involved in their development and management.
4. Develop efficient methods for the collection, storage, management, treatment and delivery of water in order to increase the yield of existing supplies within the region.
5. Develop methods of collecting and treating sewage in order to protect and conserve supplies of water.
6. Provide information to members of the public regarding present and potential uses of water.
7. Make recommendations concerning the management and use of water within the region to:
(a) The [governing bodies of Reno, Sparks and Washoe County;] city councils of Reno and Sparks;
(b) The planning commissions of [those local governments;] Reno and Sparks;
(c) The governing board for regional planning in Washoe County;
(d) The regional planning commission in Washoe County;
κ1991 Statutes of Nevada, Page 1730 (CHAPTER 548, AB 648)κ
(e) The public service commission of Nevada; and
[(d)] (f) The state engineer . [, concerning the management and use of water within the region.]
Sec. 7. Chapter 487, Statutes of Nevada 1983, at page 1309, is hereby amended by adding thereto a new section to be designated as section 11.5 to read as follows:
Sec. 11.5. 1. If a final interlocal agreement concerning the water supply and water quality of the region has been approved by the governing board for regional planning in Washoe County and adopted by the governing bodies of Reno, Sparks and Washoe County, the board may expend money collected pursuant to section 8.6 only for purposes that are consistent with:
(a) The provisions of sections 2 to 14, inclusive, of this act;
(b) The provisions of a comprehensive regional plan related to the water supply and water quality of the region that is adopted by the governing board for regional planning in Washoe County pursuant to NRS 278.0276; and
(c) Any study or final interlocal agreement concerning the water supply and water quality of the region that has been approved by the governing board for regional planning in Washoe County and adopted by the governing bodies of Reno, Sparks and Washoe County.
2. If a final interlocal agreement concerning the water supply and water quality of the region has not been approved by the governing board for regional planning in Washoe County and adopted by the governing bodies of Reno, Sparks and Washoe County, the board may expend money collected pursuant to section 8.6 for the purposes set forth in subsection 1, but only after:
(a) Providing written notification of the proposed expenditure and receiving approval for the proposed expenditure from the governing board for regional planning in Washoe County; and
(b) Providing written notification of the expenditure to the city councils of Reno and Sparks.
Sec. 8. Section 7.2 of chapter 487, Statutes of Nevada 1983, as added by section 9 of chapter 529, Statutes of Nevada 1985, at page 1603, is hereby repealed.
Sec. 9. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1731κ
Assembly Bill No. 647Committee on Government Affairs
CHAPTER 549
AN ACT relating to planning; requiring certain counties and cities to review projects of regional significance; authorizing certain cities to take actions relating to planning in its sphere of influence; requiring certain cities to adopt a program of annexation; authorizing certain counties and cities to adopt jointly a master plan; authorizing the regional planning governing board to adopt regulations and collect certain fees; 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 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. The regional planning commission shall adopt guidelines and procedures for the review of whether a proposal for the use of land submitted to a county or city located in the region is a project of regional significance. The county or city shall use the guidelines and procedures adopted by the regional planning commission to determine if a proposal for the use of land is a project of regional significance.
Sec. 6. 1. The regional planning commission may designate one or more joint planning areas in the comprehensive regional plan.
2. If an area is designated a joint planning area, the county and the affected cities shall jointly adopt a master plan for the area.
3. The master plan for a joint planning area must:
(a) Be consistent with the comprehensive regional plan;
(b) Designate the portion of the area, if any, that is included within the sphere of influence of a city;
(c) Designate the portion of the area, if any, that is subject to the jurisdiction of the county for planning and zoning and development decisions; and
(d) Be submitted to the regional planning commission for review pursuant to NRS 278.028.
Sec. 6.5. 1. If a city has a sphere of influence that is designated in the comprehensive regional plan, the city shall adopt a master plan concerning the territory within the sphere of influence. The master plan and any ordinance required by the master plan must be consistent with the comprehensive regional plan. After adoption and certification of a master plan concerning the territory within the sphere of influence and after adopting the ordinances required by the master plan, if any, the city may exercise any power conferred pursuant to NRS 278.010 to 278.630, inclusive, and sections 2 to 10, inclusive, of this act, within its sphere of influence.
2. If the comprehensive regional plan designates that all or part of the sphere of influence of a city is a joint planning area, the master plan and any ordinance adopted by the city pursuant to subsection 1 must be consistent with the master plan that is adopted for the joint planning area.
3. Before certification of the master plan for the sphere of influence pursuant to NRS 278.028, any action taken by the county pursuant to NRS 278.010 to 278.630, inclusive, and sections 2 to 10, inclusive, of this act, within the sphere of influence of a city must be consistent with the comprehensive regional plan.
κ1991 Statutes of Nevada, Page 1732 (CHAPTER 549, AB 647)κ
to 278.630, inclusive, and sections 2 to 10, inclusive, of this act, within the sphere of influence of a city must be consistent with the comprehensive regional plan.
4. A person, county or city that is represented on the governing board who is aggrieved by a final determination of the county or, after the certification of the master plan for a sphere of influence, is aggrieved by a final determination of the city, concerning zoning, a subdivision map, a parcel map or the use of land within the sphere of influence may appeal the decision to the regional planning commission within 30 days after the determination. A person, county or city that is aggrieved by the determination of the regional planning commission may appeal the decision to the governing board within 30 days after the determination. A person, county or city that is aggrieved by the determination of the governing board may seek judicial review of the decision within 25 days after the determination.
Sec. 7. 1. Before recommending the master plan for a joint planning area, each affected local planning commission shall jointly hold at least one public hearing thereon. Notice of the time and place of the hearing must be given by at least one publication in a newspaper of general circulation in the county at least 10 days before the day of the hearing.
2. The recommendation of the master plan for a joint planning area must be by resolution of each affected local planning commission in the joint planning area carried by the affirmative votes of not less than two-thirds of the total membership of each commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the county planning commission and the planning commission of each city in the joint planning area to constitute the recommended master plan for the joint planning area.
3. The master plan for the joint planning area that is recommended by the affected local planning commissions must be considered for adoption by each affected local governing body.
4. The affected local governing bodies may adopt such parts thereof as may practicably be applied to the development of the joint planning area. The master plan for the joint planning area becomes effective upon the approval by a majority of the membership of each affected local governing body.
5. Before adopting the master plan for the joint planning area, or part thereof, the affected local governing bodies shall jointly hold at least one public hearing thereon. Notice of the time and place of the hearing must be published at least once in a newspaper of general circulation in the county at least 10 days before the day of the public hearing.
Sec. 8. (Deleted by amendment.)
Sec. 9. The governing board:
1. Shall adopt such regulations as are necessary to carry out its specific powers and duties.
2. May establish and collect reasonable fees for the provision of any service that is authorized pursuant to the provisions of sections 2 to 10, inclusive, of this act.
Sec. 10. The regional planning commission shall request assistance from the governing body of a county, the governing body of a city, a state agency or an affected entity as required to perform its duties.
κ1991 Statutes of Nevada, Page 1733 (CHAPTER 549, AB 647)κ
Sec. 11. NRS 278.026 is hereby amended to read as follows:
278.026 As used in NRS 278.026 to 278.029, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires:
1. Affected entity means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, water or sewer services, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality, flood control or public education. The term does not include:
(a) A state agency; or
(b) A public utility which is subject to regulation by the public service commission of Nevada.
2. Facilities plan means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, water or sewer services, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality, flood control or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.
3. Governing board means the governing board for regional planning created pursuant to NRS 278.0264.
4. Joint planning area means an area that is the subject of common study and planning by the governing body of a county and one or more cities.
5. Project of regional significance, with respect to a project proposed by any person other than a public utility, means a project which:
(a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;
(b) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;
(c) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities or the adopted regional form of the region; or
(d) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:
(1) Employment by not less than 938 employees;
(2) Housing by not less than 625 units;
(3) Hotel accommodations by not less than 625 rooms;
(4) Sewage by not less than 187,500 gallons per day;
(5) Water usage by not less than 625 acre feet per year; or
(6) Traffic by not less than an average of 6,250 trips daily.
The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before June 17, 1989.
6. Project of regional significance, with respect to a project proposed by a public utility, includes:
(a) An electric substation;
κ1991 Statutes of Nevada, Page 1734 (CHAPTER 549, AB 647)κ
(b) A transmission line that carries 60 kilovolts or more;
(c) A facility that generates electricity greater than 5 megawatts;
(d) A water treatment plant;
(e) A water storage tank that is larger than 500,000 gallons;
(f) A pump station that is rated over 3,000 gallons per minute;
(g) A water reservoir with a surface area larger than 2 acres;
(h) Natural gas storage and peak shaving facilities;
(i) Gas regulator stations and mains that operate over 100 pounds per square inch; and
(j) Transmission water mains that are larger than 30 inches in diameter which are used primarily to transport water from a source of supply to an area of demand if the distance is greater than 5 miles.
7. Sphere of influence means an area into which a city plans to expand as designated in the comprehensive regional plan within the time designated in the comprehensive regional plan.
Sec. 11.5. NRS 278.0264 is hereby amended to read as follows:
278.0264 1. There is hereby created in each county whose population is 100,000 or more but less than 400,000, a governing board for regional planning consisting of:
(a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If the representative is:
(1) A county commissioner, his district must be one of the two districts in the county with the highest percentage of unincorporated area.
(2) Not a county commissioner, he must reside within an unincorporated area of the county.
(b) Four representatives appointed by the governing body of the largest incorporated city in the county.
(c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is 40,000 or more.
(d) One representative appointed by the governing body of each incorporated city in the county whose population is less than 40,000.
2. Except for the terms of the initial members of the governing board, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.
3. The governing bodies may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board. The governing body may also appoint alternative representatives who may act in the respective absences of the principal appointees.
4. The governing board shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is more than 40,000, as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
κ1991 Statutes of Nevada, Page 1735 (CHAPTER 549, AB 647)κ
5. A member of the governing board who is also a member of the governing body which appointed him shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.
6. The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.
7. The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.
8. The governing board may sue or be sued in any court of competent jurisdiction.
9. The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.
Sec. 12. NRS 278.0278 is hereby amended to read as follows:
278.0278 1. [Until the comprehensive regional plan is adopted and the master plan for the county or city within whose jurisdiction a project is located is found to be in conformity with the regional plan, any project of regional significance must be reviewed by the regional planning commission.
2.] Before a project of regional significance is approved finally by the county or city and before construction on a project of regional significance may begin, the regional planning commission must make a finding that the project is in conformance with the [existing] adopted regional plan. [If the finding of the commission is otherwise, it may be appealed to the governing board.] In making its determination, the commission shall limit its review to the substance and content of the adopted comprehensive regional plan and shall not consider the merits or deficiencies of a project in a manner other than is necessary to enable it to make that determination.
[3.] 2. If the commission fails to make any finding regarding a project of regional significance within 60 days after the project is submitted to it, [the finding necessary to allow construction on the project to begin shall be deemed to have been made.
4. As used in this section, project of regional significance means a project which will require a change in zoning, special use permit, amendment to a master plan, or a tentative map which, if approved, will have an effect on the region of increasing:
(a) Employment by not less than 938 employees;
(b) Housing by not less than 625 units;
(c) Hotel accommodations by not less than 625 rooms;
(d) Sewage by not less than 187,500 gallons per day;
(e) Water usage by not less than 625 acre feet per year; or
(f) Traffic by not less than an average of 6,250 trips daily.
κ1991 Statutes of Nevada, Page 1736 (CHAPTER 549, AB 647)κ
The term does not include any project for which a request for an amendment to a master plan, change in zoning, tentative map or special use permit has been approved by the local planning commission before June 17, 1989.] it shall be deemed that the commission has made a finding the the project conforms with the regional plan.
3. If the commission determines that the project is not in conformance with the regional plan, the determination may be appealed to the governing board within 45 days after the determination is made. The governing board shall consider the appeal and may reverse the determination of the commission or recommend that the county or city take actions to make the proposal consistent with the comprehensive regional plan. The county or city shall, within 45 days after receipt, consider any such recommendations and direct such changes in the project as are necessary to assure the consistency of the proposal with the adopted regional plan.
4. The limits on time imposed in subsection 2 of NRS 278.315, subsection 5 of NRS 278.330 and subsection 2 of NRS 278.349 are extended by 60 days or such period as may be necessary to complete the review and any appeal provided for in this section.
Sec. 13. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 14, 15 and 16 of this act.
Sec. 14. Sphere of influence means an area into which a city plans to expand as designated in a comprehensive regional plan adopted pursuant to NRS 278.026 to 278.029, inclusive, and sections 2 to 10, inclusive, of this act, within the time designated in the comprehensive regional plan.
Sec. 15. 1. A city located in a county whose population is 100,000 or more but less than 400,000 that has adopted a comprehensive regional plan pursuant to NRS 278.026 to 278.029, inclusive, and sections 2 to 10, inclusive, of this act, shall adopt a program of annexation. The program must identify areas in any sphere of influence of the city to be considered for annexation within the next 7 years. The city shall not consider the annexation of any area that is not within the designated sphere of influence and is not included in its program of annexation.
2. Before adopting a program of annexation pursuant to subsection 1, the city must hold one or more public hearings. Notice of the time and place of the hearing must be mailed to all owners of real property in the proposed program of annexation. At the public hearing the city shall consider:
(a) The location of property to be considered for annexation;
(b) The logical extension of city limits;
(c) The need for the expansion to accommodate planned regional growth;
(d) The location of existing and planned water and sewer service;
(e) Community goals that would be met by any proposed annexation;
(f) The efficient and cost-effective provision of service areas and capital facilities; and
(g) Any other factors concerning any proposed annexation deemed appropriate for consideration by the governing body of the city.
3. The city shall submit its program of annexation adopted pursuant to subsection 1 to the regional planning commission and the county in which the city is located for recommendations.
κ1991 Statutes of Nevada, Page 1737 (CHAPTER 549, AB 647)κ
4. The regional planning commission must certify that a program of annexation adopted pursuant to subsection 1 conforms with the comprehensive regional plan before the program is put into effect. The county or the city may appeal an adverse determination of the regional planning commission in the manner provided in subsections 3 and 4 of NRS 278.028.
5. After certification of a program of annexation pursuant to subsection 4, any facilities plan, capital improvement program, development project or location of facilities by a county, a city, an annexation commission, a regional planning commission, the governing board or any other affected entity must be consistent with the certified program of annexation.
Sec. 16. 1. The land proposed for annexation by a certified program of annexation must be contiguous to the annexing city unless:
(a) The proposal is a voluntary annexation;
(b) The timing of the proposal is consistent with the certified program of annexation; and
(c) The services and facilities required for the development of the land proposed for annexation will be provided upon annexation.
2. The annexation of the land must not have the effect of creating an island of 40 acres or less.
Sec. 17. NRS 268.612 is hereby amended to read as follows:
268.612 As used in NRS 268.610 to 268.670, inclusive, and sections 14, 15 and 16 of this act, the words and terms defined in NRS 268.614 to 268.624, inclusive, [shall,] and section 14 of this act, unless the context otherwise requires, have the meanings ascribed to them in [NRS 268.614 to 268.624, inclusive.] those sections.
Sec. 18. NRS 268.616 is hereby amended to read as follows:
268.616 Commission means a city annexation commission or, for the purposes of NRS 268.630 to 268.670, inclusive, in counties where no city annexation commission exists, the board of county commissioners, or in Carson City, the board of supervisors [.] or, in a county which has entered an interlocal agreement pursuant to subsection 2 of NRS 268.626, the regional planning commission.
Sec. 18.5. NRS 268.620 is hereby amended to read as follows:
268.620 Executive officer means:
1. With respect to a city annexation commission, the county manager or like administrative officer of the county.
2. With respect to a city annexation commission in a county that has executed an interlocal agreement pursuant to subsection 2 of NRS 268.626, the director of regional planning.
3. With respect to a board of county commissioners, the county manager or like administrative officer of the county, or the clerk of such board.
Sec. 19. NRS 268.626 is hereby amended to read as follows:
268.626 1. There is hereby created, in each county of the state whose population is 100,000 or more and less than 400,000, a city annexation commission which consists of members to be selected as follows:
[1.] (a) Two members representing the county, one of whom must be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.
κ1991 Statutes of Nevada, Page 1738 (CHAPTER 549, AB 647)κ
[2.] (b) One member representing each city, who must be a member of the governing body to be chosen by the governing body.
[3.] (c) If the provisions of [subsections 1 and 2] paragraphs (a) and (b) result in an even number of members, [one member must be added who is a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in NRS 268.628, no additional member has been chosen, the governor must appoint some person qualified as provided in this subsection.] the governor shall appoint an additional member who is the chairman of the regional planning commission.
2. The governing bodies of a county and each incorporated city in the county may execute an interlocal agreement to transfer the duties of the city annexation commission to the regional planning commission.
Sec. 19.5. NRS 268.628 is hereby amended to read as follows:
268.628 1. The first members [shall] must be chosen by the respective bodies during the month of May 1967, and [shall] serve until the selection and qualification of their successors. Thereafter, members of the commission [shall] must be chosen by the respective bodies during the month of January of each odd-numbered year, and [shall] serve until the selection and qualification of their successors.
2. Any member who ceases to be a member of the body from which he was chosen [shall cease] ceases to be a member of the commission. Any vacancy [shall] must be filled by the body which made the original choice, for the unexpired term.
3. The chairman of the [board of county commissioners] regional planning commission shall serve as chairman of the commission. The members of the commission shall elect a vice chairman, who [shall preside] presides in the absence of the chairman.
4. Commission members shall serve without compensation but [shall] must be reimbursed the actual amounts of their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office.
Sec. 20. NRS 268.646 is hereby amended to read as follows:
268.646 Factors [to] that must be considered in the review of an annexation proposal [shall include but not be] include, but are not limited to:
1. Population [; population density; land area and land uses; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years.
2. Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for such services and controls;] , population density, land area and land uses, per capita assessed valuation, topography, including natural boundaries and drainage basins, proximity to other populated areas, and the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years.
κ1991 Statutes of Nevada, Page 1739 (CHAPTER 549, AB 647)κ
2. The need for organized community services, the present cost and adequacy of governmental services and controls in the area, probable future needs for such services and controls, and the probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.
3. The effect of the proposed annexation [,] and of alternative actions [,] on adjacent areas, on mutual social and economic interests and on the local governmental structure of the county.
4. The effect of the proposed annexation [,] and of alternative actions [,] upon the availability and requirement of water and other natural resources throughout the affected area.
5. Any determination by the Bureau of Land Management that the territory proposed to be annexed is suitable for residential, commercial or industrial development, or will be opened to private acquisition.
6. The consistency of the annexation proposal with any applicable comprehensive regional plan, area plan or master plan and any program of annexation adopted and certified pursuant to section 15 of this act.
Sec. 21. NRS 268.648 is hereby amended to read as follows:
268.648 1. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within 30 days following conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days.
2. A commission in any county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, and sections 2 to 10, inclusive, of this act, shall:
(a) Disapprove a proposal for annexation that is determined by the regional planning commission to be inconsistent with the comprehensive regional plan or with a program of annexation that is adopted and certified pursuant to section 15 of this act.
(b) Approve a proposal for annexation that is consistent with the comprehensive regional plan and a program of annexation that is adopted and certified pursuant to section 15 of this act.
3. If the commission approves the annexation, proceedings therefor may be continued as provided in NRS 268.610 to 268.670, inclusive. [If] Except as otherwise provided in this subsection, if the commission disapproves the proposed annexation, further proceedings to annex the territory to the city [shall] must terminate. If a county and affected cities have executed an interlocal agreement to transfer the duties of the annexation commission of the city to the regional planning commission, a county or city may appeal a determination of the regional planning commission in accordance with NRS 278.028. If the commission approves the proposed annexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions.
Sec. 21.5. NRS 268.650 is hereby amended to read as follows:
268.650 If the [commission disapproves the] annexation of territory to a city [, no] is not approved, a notice of intention to annex the same or substantially the same territory to that city [may] must not be filed with the commission for at least 1 year after the date of disapproval.
κ1991 Statutes of Nevada, Page 1740 (CHAPTER 549, AB 647)κ
Sec. 22. NRS 268.660 is hereby amended to read as follows:
268.660 1. Except as provided in subsection 2, the annexation [shall] must be denied if protests are made, either in writing as provided in NRS 268.656 or at the public hearing, by:
(a) A majority in number of the real property owners of the territory proposed to be annexed; or
(b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.
2. Annexation of territory to a city may be approved over any protest if:
(a) The territory proposed to be annexed is entirely surrounded by such city and:
(1) Does not exceed 40 acres in area; or
(2) Is subdivided for residential, commercial or industrial purposes;
(b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and
(c) The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.
3. In a county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, and sections 2 to 10, inclusive, of this act, if an annexation is denied because of:
(a) A protest made pursuant to subsection 1, the regional planning commission shall review the program of annexation and the comprehensive regional plan and shall:
(1) Place the territory removed from the program of annexation in a category in the comprehensive regional plan that is not scheduled to receive public facilities or public services for the duration of the annexation program;
(2) Place the territory removed from the program of annexation, with the consent of the governing body of the county and the governing body of the affected city, in a category in the comprehensive regional plan that is scheduled to receive public facilities and public services from the county; or
(3) Retain the territory within the program of annexation. This subparagraph does not preclude a subsequent proceeding with respect to all or part of that territory if the proceeding is commenced more than 1 year after the public hearing.
(b) A failure of the city to put into effect the program of annexation, the regional planning commission may direct that the territory be placed in a category in the comprehensive regional plan that allows the county to provide services to the territory.
4. A public body may exclude its own lands from annexation if they are held for purposes other than highways.
________
κ1991 Statutes of Nevada, Page 1741κ
Assembly Bill No. 456Committee on Natural Resources, Agriculture and Mining
CHAPTER 550
AN ACT relating to water pollution; authorizing the state department of conservation and natural resources to issue general permits for the discharge of pollutants into water and the injection of fluids through a well; 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 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. General permit means a permit issued by the department pursuant to section 5 of this act.
Sec. 3. Individual permit, except as otherwise provided in section 4 of this act, means any permit issued by the department pursuant to NRS 445.131 to 445.354, inclusive, and sections 2 to 7, inclusive, of this act that is not a general permit.
Sec. 4. Permit includes a general permit, individual permit or temporary permit. The term does not include a permit issued pursuant to NRS 445.281 or 445.287.
Sec. 5. A general permit may be issued for a category of discharges or injections of fluids through a well which:
1. Corresponds with an existing geographical or political boundary;
2. Involves the same or similar types of discharge or injection;
3. Requires the same limitations or conditions in a permit;
4. Requires the same or similar monitoring; or
5. In the opinion of the department, is more appropriately regulated by a general permit rather than an individual permit.
Sec. 6. 1. The department may require the holder of a general permit to apply for and obtain an individual permit.
2. An individual permit may be required by the department in any of the following cases, without limitation:
(a) If the discharge or injection of fluids through a well is not in compliance with the conditions of the general permit.
(b) If a change in circumstances has occurred and the general permit is no longer applicable.
(c) If the department determines that the discharge or injection of fluids is a significant or potentially significant contributor of pollutants. In making this determination, the department may consider:
(1) The location of the discharge or injection;
(2) The size of the discharge or injection; and
(3) The quantity and nature of the pollutants discharged or injected.
Sec. 7. 1. The department may issue a temporary permit for the discharge of pollutants or the injection of fluids through a well. The permit is valid for not more than 180 days.
κ1991 Statutes of Nevada, Page 1742 (CHAPTER 550, AB 456)κ
2. Each temporary permit issued by the department must ensure compliance with the following factors, whenever applicable:
(a) Effluent limitations;
(b) Standards of performance for new sources;
(c) Standards for pretreatment;
(d) Standards for injections of fluids through a well; and
(e) Any more stringent limitations, including any limitations necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the department.
Sec. 8. NRS 445.133 is hereby amended to read as follows:
445.133 As used in NRS 445.131 to 445.354, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 9. NRS 445.221 is hereby amended to read as follows:
445.221 Except as authorized by a permit issued by the department under the provisions of NRS 445.131 to 445.354, inclusive, and sections 2 to 7, inclusive, of this act, and regulations adopted by the commission, it is unlawful for any person to:
1. Discharge from any point source any pollutant into any waters of the state or any treatment works; or
2. Inject fluids through a well into any waters of the state.
Sec. 10. NRS 445.264 is hereby amended to read as follows:
445.264 1. The department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon. The provisions of this subsection do not apply to an application for a temporary permit issued pursuant to section 7 of this act.
2. Notification must be in the manner provided in the regulations adopted by the commission pursuant to applicable federal law.
3. If the treatment works are to discharge into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of 35,000 or more, the department must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
Sec. 11. NRS 445.267 is hereby amended to read as follows:
445.267 The commission shall provide by regulation:
1. An opportunity for each permit applicant, interested agency, city, county or irrigation district located downstream from the point of discharge, or any person to request a public hearing conducted by the director with respect to each permit application; and
2. For public notice of the hearing, at least 30 days before the date of the hearing.
The provisions of this section do not apply to an application for a temporary permit issued pursuant to section 7 of this act.
κ1991 Statutes of Nevada, Page 1743 (CHAPTER 550, AB 456)κ
Sec. 12. Section 1 of Assembly Bill No. 349 of this session is hereby amended to read as follows:
Section 1. NRS 445.221 is hereby amended to read as follows:
445.221 Except as authorized by a permit issued by the department [under] pursuant to the provisions of NRS 445.131 to 445.354, inclusive, and sections 2 to 7, inclusive, of [this act,] Assembly Bill No. 456 of this session, and regulations adopted by the commission, it is unlawful for any person to:
1. Discharge from any point source any pollutant into any waters of the state or any treatment works . [; or]
2. Inject fluids through a well into any waters of the state.
3. Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the state by any means.
4. Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.
Sec. 13. This act becomes effective upon passage and approval.
________
Assembly Bill No. 420Committee on Health and Welfare
CHAPTER 551
AN ACT relating to indigent persons; revising the determination of residency for purposes relating to the care of an indigent person; 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 428.020 is hereby amended to read as follows:
428.020 [1.] For the purposes of NRS 428.010 to 428.110, inclusive [, the] :
1. The county of residence of a person is the county in which he is presently residing if he has resided in that county for at least 6 consecutive weeks. If the person has not resided in the county in which he is presently residing for at least 6 consecutive weeks, his county of residence is the last county in Nevada in which he resided for at least 6 consecutive weeks. If the person presently resides in Nevada, but has not resided in [a] any county in Nevada for at least 6 consecutive weeks, his county of residence is the county in which he presently resides. If the person does not reside in Nevada, he shall be deemed a nonresident.
2. [As used in this section, reside means to be physically present at a place for at least 4 days out of each week with the intent to dwell in that place permanently or continuously.] The county of residence of a person placed in institutional care is the county of residence of that person before he was placed in institutional care.
κ1991 Statutes of Nevada, Page 1744 (CHAPTER 551, AB 420)κ
Sec. 2. NRS 439B.330 is hereby amended to read as follows:
439B.330 1. Except as otherwise provided in NRS 439B.300 and subsection 2 of this section, each county shall use the definition of indigent in NRS 439B.310 to determine a persons eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.
2. A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:
(a) Pay a higher rate to the hospital for treatment of indigent inpatients;
(b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or
(c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.
3. Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.
4. The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to a court having general jurisdiction in the county.
5. Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 439B.320, if the county is the county of residence of the patient and the patient is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.
6. For the purposes of this section, the county of residence of the patient [must be determined pursuant to NRS 428.020.] is the county of residence of that person before he was admitted to the hospital.
________
κ1991 Statutes of Nevada, Page 1745κ
Assembly Bill No. 395Committee on Ways and Means
CHAPTER 552
AN ACT making a supplemental appropriation to the department of the military for additional expenses relating to providing certain benefits for members of the Nevada National Guard; 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. There is hereby appropriated from the state general fund to the department of the military the sum of $48,688 for additional expenses relating to providing benefits for members of the Nevada National Guard caused by an increase in the number of guardsmen participating in the program created pursuant to NRS 412.143. This appropriation is supplemental to that made by section 31 of chapter 611, Statutes of Nevada 1989, at page 1352.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 308Committee on Government Affairs
CHAPTER 553
AN ACT relating to counties; revising the requirements for county commissioner election districts in certain counties; 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 244.014 is hereby amended to read as follows:
244.014 In each county whose population is 100,000 or more but less than 400,000:
1. At the general election in 1976, and every 4 years thereafter, two county commissioners must be elected respectively from two of the county commissioner election districts established pursuant to this chapter.
2. At the general election in 1978, and every 4 years thereafter, three county commissioners must be elected respectively from three of the county commissioner election districts established pursuant to this chapter.
3. The board of county commissioners shall establish five county commissioner election districts which must be as nearly equal in population as practicable. [If the county comprises no partial assembly districts and a number of whole assembly districts that is evenly divisible by the number of county commissioners, each county commissioner election district must be composed of a number of contiguous and undivided assembly districts equal to this quotient.
κ1991 Statutes of Nevada, Page 1746 (CHAPTER 553, AB 308)κ
Assembly district, as used in this subsection, means one of the districts established by NRS 218.057.] Each such district must be composed of entirely contiguous territory and be as compact as possible.
________
Assembly Bill No. 185Committee on Government Affairs
CHAPTER 554
AN ACT relating to state finance; eliminating reversion requirements for certain internal service funds; 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 333.120 is hereby amended to read as follows:
333.120 [1.] The state purchasing fund, in the sum of $1,250,000 is hereby created as an internal service fund for the use of the chief in purchasing supplies, materials and equipment.
[2. If the balance of the state purchasing fund exceeds the amount set forth in subsection 1 at the end of any fiscal year, the excess must revert to the state general fund within 6 months.]
Sec. 2. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as otherwise provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by [subsections 4 and 6] subsection 5 of NRS 284.115, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145 [,] and NRS 353.220, 353.224, 353.335 and 428.375 and subsection 6 of NRS 445.700.
κ1991 Statutes of Nevada, Page 1747 (CHAPTER 554, AB 185)κ
NRS 353.220, 353.224, 353.335 and 428.375 and subsection 6 of NRS 445.700. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 3. NRS 284.115 is hereby amended to read as follows:
284.115 1. The director shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) In preparation for the budget for each biennium, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost, expressed as a percentage of the gross annual salaries paid, of carrying out the functions of the department for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of that cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost estimated pursuant to subsection 1.
3. Except as otherwise provided in [subsections 4 and 5,] subsection 4, on July 1 of each year each department, agency and institution shall pay to the director for deposit in the personnel operating fund an assessment equal to the amount of money appropriated to or authorized for that department, agency or institution pursuant to its budget for the costs of personnel administration.
4. [Any money collected in accordance with this section remaining in the personnel operating fund on July 1 of any year reverts to the fund to which originally appropriated in proportion to the contribution from that fund, unless the interim finance committee, upon recommendation of the governor, authorizes the department to use the remaining money in the next fiscal year to offset any proposed increases in assessments, reduce assessments or pay for the costs of administration not previously provided for in the budget.
κ1991 Statutes of Nevada, Page 1748 (CHAPTER 554, AB 185)κ
to offset any proposed increases in assessments, reduce assessments or pay for the costs of administration not previously provided for in the budget.
5.] Any state department, agency or institution may pay the assessment required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.
[6.] 5. Changes in assessments are effective upon approval of the governor and the interim finance committee.
Sec. 4. NRS 344.090 is hereby amended to read as follows:
344.090 1. The state printing fund is created as an internal service fund.
2. The state printing fund consists of the money appropriated to carry out the provisions of this chapter, and all money received in the state printing fund from any source in payment of all printing, reproduction and binding done in the division.
3. All expenses for the support of the division, including the salary of the superintendent, must be paid from the state printing fund.
[4. Within 6 months after the end of each fiscal year, any profit in excess of $175,000 reverts to the fund or account from which received in proportion to the amount charged such fund or account during that fiscal year.]
Sec. 5. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 179Committee on Government Affairs
CHAPTER 555
AN ACT relating to the University of Nevada System; increasing the rate of contribution for the retirement program of the professional employees of the University of Nevada System; 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 286.808 is hereby amended to read as follows:
286.808 1. The board of regents of the University of Nevada System shall contribute on behalf of each participant an amount equal to [8.5] 10 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute [8.5] 10 percent of his gross compensation, but the contributions required by this section [shall] must not be less than those authorized by NRS 286.410 and NRS 286.450. Payment of the contributions required by this section must be made by the disbursing officer for the university to the designated company for the benefit of each participant.
2. The board of regents may, on behalf of each participant, pay the contribution required to be paid by the participant in subsection 1. Any such payment must be:
(a) Made in lieu of an equivalent increase in the basic salary or in the cost of living for the participant, or both; or
κ1991 Statutes of Nevada, Page 1749 (CHAPTER 555, AB 179)κ
(b) Counterbalanced by an equivalent reduction in the participants salary.
________
Senate Bill No. 497Committee on Government Affairs
CHAPTER 556
AN ACT relating to state finances; creating the state agency fund for bonds; consolidating and eliminating various funds; 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 353 of NRS is hereby amended by adding thereto a new section to read as follows:
The state agency fund for bonds is hereby created as an agency fund. The fund is a continuing fund without reversion. The state controller may establish such accounts in the state agency fund for bonds as are necessary to account properly for surety bonds or deposits held by the various agencies of the state. The money in the fund must be paid out on claims as other claims against the state are paid.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. NRS 353.120 is hereby amended to read as follows:
353.120 1. If the state board of examiners is satisfied of the correctness and justice of a claim for refund of money paid into a county treasury and deposited in the state treasury, it shall order the state controller to draw his warrant for the amount of the overpayment so deposited in favor of the person entitled to the refund.
2. Every refund ordered or approved by the state board of examiners [shall] must be paid:
(a) From the fund or account into which the money refunded was originally paid, if there [are unencumbered moneys] is unencumbered money in that fund [.] or account.
(b) Otherwise, from the reserve for statutory contingency [fund.] account.
Sec. 5. NRS 353.262 is hereby amended to read as follows:
353.262 When the state board of examiners finds, after diligent inquiry and examination, that:
1. As a result of payment for terminal leave, sick leave or unused sick leave to any state officer or employee or his beneficiary, sufficient appropriated money does not remain available to permit the payment of a salary when due to a person to be appointed or employed to replace the officer or employee; and
2. The appointment or employment of the replacement is necessary in the best interests of the state,
the state board of examiners may authorize the expenditure of sums not exceeding $3,500 from the reserve for statutory contingency [fund] account for payment of a salary when due to each person so appointed or employed as a replacement for the person to whom the terminal leave pay or sick leave pay was paid or is payable.
κ1991 Statutes of Nevada, Page 1750 (CHAPTER 556, SB 497)κ
a replacement for the person to whom the terminal leave pay or sick leave pay was paid or is payable.
Sec. 6. NRS 353.263 is hereby amended to read as follows:
353.263 1. As used in this section, emergency means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or the imminent danger thereof. The term includes damage to or disintegration of a building owned by this state or of the mechanical or electrical system of such a building when immediate repairs are necessary to maintain the integrity of the structure or its mechanical or electrical system.
2. The emergency [fund] account is hereby created [as a trust] in the state general fund. Money for the [fund] account must be provided by direct legislative appropriation.
3. When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the board may authorize the expenditure of not more than $50,000 from the emergency [fund] account to meet the emergency.
4. The chief shall enumerate expenditures from the [fund] account made in the preceding biennium in each executive budget report.
Sec. 7. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency [fund] account is hereby created [as a trust] in the state general fund.
2. The state board of examiners shall administer the reserve for statutory contingency [fund,] account, and the money in the [fund may] account must be expended only for:
(a) The payment of claims which are obligations of the state [under] pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state [under:] pursuant to:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176.223, 177.345, 178.465, 179.225, 213.153 and 293B.210,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
(c) The payment of claims which are obligations of the state [under] pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims.
Sec. 8. NRS 7.155 is hereby amended to read as follows:
7.155 The compensation and expenses of an attorney appointed to represent a defendant [shall] must be paid from the county treasury unless the proceedings are based upon a petition for habeas corpus or other post-conviction relief, in which cases the compensation and expenses [shall] must be paid from [moneys] money appropriated to the office of state public defender, but after the appropriation for such expenses is exhausted, [moneys shall] money must be allocated to the office of state public defender from the reserve for statutory contingency [fund] account for the payment of such compensation and expenses.
κ1991 Statutes of Nevada, Page 1751 (CHAPTER 556, SB 497)κ
reserve for statutory contingency [fund] account for the payment of such compensation and expenses.
Sec. 9. NRS 34.750 is hereby amended to read as follows:
34.750 1. A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel at the time the court orders the filing of an answer and a return. In making its determination, the court may consider whether:
(a) The issues presented are difficult;
(b) The petitioner is unable to comprehend the proceedings; or
(c) Counsel is necessary to proceed with discovery.
2. If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the state public defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the state public defender from the reserve for statutory contingency [fund] account for the payment of the costs, expenses and compensation.
3. After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after the court orders the filing of an answer and a return, but not later than 15 days before the answer and return are due. The answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.
4. The petitioner shall respond within 15 days after service to a motion by the state to dismiss the action.
5. No further pleadings may be filed except as ordered by the court.
Sec. 10. NRS 41.03435 is hereby amended to read as follows:
41.03435 The attorney general may employ special counsel whose compensation must be fixed by the attorney general, subject to the approval of the state board of examiners, if the attorney general determines at any time prior to trial that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the attorney general or a deputy attorney general. Compensation for special counsel must be paid out of the reserve for statutory contingency [fund.] account.
Sec. 11. NRS 41.0347 is hereby amended to read as follows:
41.0347 If the official attorney does not provide for the defense of a present or former officer, employee, immune contractor, member of a board or commission of the state or any political subdivision or of a legislator in any civil action in which the state or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arouse out of an act or omission of that person during the performance of any duty within the course and scope of this public duty or employment and that his act or omission was not wanton or malicious:
1. If the attorney general was responsible for providing the defense, the state is liable to that person for reasonable expenses in prosecuting his own defense, including court costs and attorneys fees.
κ1991 Statutes of Nevada, Page 1752 (CHAPTER 556, SB 497)κ
defense, including court costs and attorneys fees. These expenses must be paid, upon approval by the state board of examiners, from the reserve for statutory contingency [fund.] account.
2. If chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on his own defense, including court costs and attorneys fees.
Sec. 12. NRS 41.037 is hereby amended to read as follows:
41.037 Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim or settle any action against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators arising [under] pursuant to NRS 41.031 to the extent of $50,000, plus interest computed from the date of judgment. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the claim from the fund for insurance premiums or from the reserve for statutory contingency [fund.] account. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim or settle any action against that subdivision or any of its present or former officers or employees arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of entry of any judgment, and pay it from any money appropriated or lawfully available for that purpose.
Sec. 13. NRS 90.710 is hereby amended to read as follows:
90.710 1. This chapter must be administered by the secretary of state and the administrator. The secretary of state may employ personnel necessary to administer the provisions of this chapter.
2. [Except as otherwise provided in NRS 90.850, all] All money received by the division pursuant to this chapter must be deposited in the state general fund.
Sec. 14. NRS 119.150 is hereby amended to read as follows:
119.150 1. The division shall, before issuing any license [under] pursuant to the provisions of this chapter to any person, fully investigate all information placed before it as [may be] is required pursuant to this chapter and, if in the judgment of the division it is necessary, inspect the property which is the subject of the application. All reasonable expenses incurred by the division in carrying out the investigation or inspection must be paid by the applicant and no license may be issued until those expenses have been fully paid.
2. Payments received by the division pursuant to this section must be deposited in the state treasury for credit to the real estate investigative [fund] account, which is hereby created [as a special revenue] in the state general fund. The administrator shall use this [fund] account to pay the expenses of agents and employees of the division in making [the investigation under] an investigation pursuant to this section. The administrator may advance money for those expenses when appropriate.
3. Each expenditure from the investigative [fund] account must be paid as other claims against the state are paid.
κ1991 Statutes of Nevada, Page 1753 (CHAPTER 556, SB 497)κ
Sec. 15. NRS 119A.350 is hereby amended to read as follows:
119A.350 1. The division shall, before issuing any permit or license [under] pursuant to the provisions of this chapter, fully investigate all information submitted to it as required by this chapter and may, if necessary, inspect the property which is the subject of any application. All reasonable expenses incurred by the division in carrying out the investigation or inspection must be paid by the applicant and no license or permit may be issued until those expenses have been paid.
2. Payments received by the division pursuant to this section must be deposited in the state treasury for credit to the real estate investigative [fund.] account. The administrator shall use the money in the [fund] account to pay the expenses of agents and employees of the division making the investigations [under] pursuant to this section. The administrator may advance money to them for those expenses when appropriate.
Sec. 16. NRS 119B.150 is hereby amended to read as follows:
119B.150 1. The administrator shall, before issuing any permit pursuant to the provisions of this chapter, fully investigate all information submitted to him as required by the provisions of this chapter and may, if necessary, inspect the property which is the subject of any application. All reasonable expenses incurred by the administrator in carrying out the investigation or inspection must be paid by the applicant and no permit may be issued until those expenses have been paid.
2. Payments received by the administrator pursuant to this section must be deposited in the state treasury for credit to the real estate investigative [fund.] account. The administrator shall use the money in the [fund] account to pay the expenses of agents and employees of the division making the investigations [under] pursuant to this section. The administrator may advance money to them for those expenses when appropriate.
Sec. 17. NRS 176.223 is hereby amended to read as follows:
176.223 The necessary expenses of returning to the court a person arrested for violation of probation are a charge [upon the State of Nevada] against the state and must be paid from [funds] money appropriated to the department of parole and probation. After the appropriation for this purpose is exhausted, money must be allocated to the department of parole and probation out of the reserve for statutory contingency [fund,] account, upon approval by the state board of examiners, for the payment of these expenses.
Sec. 18. NRS 176.485 is hereby amended to read as follows:
176.485 The costs and expenses of the investigations provided in NRS 176.415 to 176.475, inclusive, [shall] must be borne by the state and paid in the following manner: The costs and expenses of an investigation [shall] must first be paid by county warrants drawn upon the order of the district judge. The county clerk shall then present a claim to the state board of examiners for the amount of such costs and expenses so ordered paid by the district judge. Upon approval of the claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency [fund.] account.
κ1991 Statutes of Nevada, Page 1754 (CHAPTER 556, SB 497)κ
Sec. 19. NRS 177.345 is hereby amended to read as follows:
177.345 1. The petition may allege that the petitioner is unable to pay the costs of the proceeding or to employ counsel. If the court is satisfied that the allegation of indigency is true, the court may appoint counsel for him within 10 days after the filing of the petition. In making its determination, the court may consider whether:
(a) The issues presented by the petition are difficult;
(b) The petitioner is unable to comprehend the proceedings; or
(c) Counsel is necessary in order to proceed with discovery.
2. If inability to pay is determined, all necessary costs and expense incident to the proceedings in the trial court and in the reviewing court, including all court costs, stenographic services, printing and reasonable compensation for legal services, must be paid from [funds] money appropriated to the office of state public defender, but after the appropriation for that purpose is exhausted, money must be allocated to the office of state public defender from the reserve for statutory contingency [fund] account for the payment of the costs, expenses and compensation.
Sec. 20. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission are entitled to receive reasonable compensation fixed by the district judge impaneling the commission. The compensation is a charge against and must be paid by the mental hygiene and mental retardation division upon an order therefor signed by the district judge and submitted to the administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the mental hygiene and mental retardation division out of the reserve for statutory contingency [fund,] account upon approval by the state board of examiners, for payment of the compensation.
Sec. 21. NRS 179.225 is hereby amended to read as follows:
179.225 [When] If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the governor for that purpose, upon approval by the state board of examiners. After the appropriation is exhausted the expenses must be paid from the reserve for statutory contingency [fund] account upon approval by the state board of examiners. In all other cases they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are the fees paid to the officers of the state on whose governor the requisition is made, and necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.
Sec. 22. NRS 179.310 is hereby amended to read as follows:
179.310 1. The governor shall offer a standing reward of $250 for the arrest of:
(a) Each person engaged in the robbery of, or in the attempt to rob, any person [or persons] upon, or having in charge in whole or in part, any railroad train or other conveyance engaged at the time in conveying passengers, or any private conveyance within this state.
(b) Each person engaged in the robbery of, or in the attempt to rob, any person [or persons] upon any highway in this state.
κ1991 Statutes of Nevada, Page 1755 (CHAPTER 556, SB 497)κ
2. The reward [shall] must be paid to the person or persons making the arrest immediately upon the conviction of the person [or persons] so arrested, but no reward [shall] may be paid except after such a conviction.
3. The reward [shall] must be paid from the reserve for statutory contingency [fund] account upon approval by the state board of examiners.
4. The provisions of this section [shall] do not apply to any sheriff, constable, marshal or police officer who [shall make such] makes an arrest in the performance of the duties of his office in the county where [such] the officer resides or in which his official duties are required to be performed.
Secs. 23 and 24. (Deleted by amendment.)
Sec. 25. NRS 212.040 is hereby amended to read as follows:
212.040 If an escape is not the result of carelessness, incompetency [,] or other official delinquency of the director or other officers of the department of prisons, all expenses of enforcing the provisions of NRS 212.030 [,] or appertaining to the recapture and return of escaped convicts are a charge against the state, and [shall] must be paid out of the reserve for statutory contingency [fund] account upon approval by the state board of examiners.
Sec. 26. NRS 212.050 is hereby amended to read as follows:
212.050 If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, [shall escape] escapes therefrom, or [shall be] is charged with murder [,] or the perpetration of any crime punishable with death, the governor [is authorized, ] may, upon satisfactory evidence of the guilt of the accused, [to] offer a reward for his apprehension . [, which reward shall] The reward offered by the governor must not exceed the sum of $5,000, and [shall] must be paid out of the reserve for statutory contingency [fund] account upon approval by the state board of examiners.
Sec. 27. NRS 212.070 is hereby amended to read as follows:
212.070 The expenses and costs of prosecuting any person [or persons] for escaping from, or breaking out of, the state prison, or attempting so to do, or for the commission of any crime while a prisoner therein, [shall be a state charge, and shall] are a charge against the state and must be paid from the reserve for statutory contingency [fund] account upon approval by the state board of examiners.
Sec. 28. NRS 213.153 is hereby amended to read as follows:
213.153 The necessary expenses of returning to the state board of parole commissioners a person arrested for violation of parole are a charge [upon the State of Nevada] against the state and must be paid from [funds] money appropriated to the department of parole and probation. After the appropriation for this purpose is exhausted, money must be allocated to the department of parole and probation out of the reserve for statutory contingency [fund,] account, upon approval by the state board of examiners, for the payment of these expenses.
Sec. 29. NRS 214.040 is hereby amended to read as follows:
214.040 All claims which arise [under] pursuant to the provisions of this chapter [shall] must be paid from the reserve for statutory contingency [fund] account upon approval by the compact administrator.
κ1991 Statutes of Nevada, Page 1756 (CHAPTER 556, SB 497)κ
Sec. 30. NRS 223.200 is hereby amended to read as follows:
223.200 1. The governor may contract and do all other things necessary to secure the full benefits available to this state [under] pursuant to the Highway Safety Act of 1966 (including 23 U.S.C. ch. 4). In so doing, he shall cooperate with federal and state agencies, private and public organizations, and private persons to effectuate the purposes of that act and all amendments to it which [may subsequently be] are subsequently enacted.
2. The governor shall administer through an appropriate state agency the highway safety programs of this state and those of its political subdivisions in accordance with the Highway Safety Act of 1966 and federal rules and regulations for carrying it out.
3. The state agency designated by the governor pursuant to subsection 2 shall, with the assistance of the legislative commission, the supreme court of Nevada, the department of transportation, the health division of the department of human resources, the department of education and other state agencies and local subdivisions, cause to be prepared a comprehensive highway safety program plan detailing how the State of Nevada proposes to progress toward long-range state goals to achieve full compliance with the program standards adopted pursuant to the Highway Safety Act of 1966. The plan must, without limitation, include:
(a) Estimates when the state could begin each program specified in the standards;
(b) Estimates of annual costs of each program;
(c) Estimates when the state will reach full compliance with the standards; and
(d) Projects deemed appropriate for planning and administration of the state highway safety program.
4. Costs of preparation of the highway safety program must be paid from the highway safety program planning [fund] account, which is hereby created [as a special revenue] in the state general fund. Money provided by direct legislative appropriation must be accounted for in the [fund,] account, and money received from the Federal Government and from donations must be deposited in the state treasury for credit to the [fund.] account. The state agency designated by the governor pursuant to subsection 2 may make the necessary applications for federal money and provide required demonstrations that federal money will be matched with state money in the highway safety program planning [fund.] account. The state agency may also accept donations for the purpose of preparing the highway safety program.
Sec. 31. NRS 223.210 is hereby amended to read as follows:
223.210 1. Whenever any Act of Congress, regulation promulgated by the President or from an executive department of the Federal Government, or decision of a court of the United States or of this state requires the governor to perform any act for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant of money or other thing of value or of action by the requiring authority, and the legislature is not in session and cannot reasonably be called into special session, the governor may, with the approval of the legislative commission:
(a) Perform the act required.
(b) Direct an existing agency, board or commission to do the act required.
κ1991 Statutes of Nevada, Page 1757 (CHAPTER 556, SB 497)κ
(c) Accept money or some other thing of value from the Federal Government, and contract with respect to such acceptance.
(d) Expend, for the purpose required, any money so accepted from the Federal Government or available to him from any nonstate source or from the emergency [fund.] account. Any expenditures from the emergency [fund] account for the purposes provided in this subsection [shall] must be first approved by the legislative commission.
2. The governor and the legislative commission shall report any action taken by them to the next session of the legislature, whether regular or special. Unless the legislature acts affirmatively to authorize the governor or some other agency, board or commission to do the act required, all authority conferred by this section expires by limitation on the 11th day after the final adjournment of [such] the session. In case of such an expiration, neither the governor nor any agency, board or commission may expend any money received pursuant to this section except as [may be] required by a valid contract executed prior to [such] the expiration.
3. As used in this section, the phrase cannot reasonably be called into special session imposes a duty upon the governor to consider, among other things:
(a) The importance of the act required in relation to state government as a whole;
(b) The amount of money to be expended pursuant to this section in relation to the cost of a special session; and
(c) The interval remaining before the next regular session.
Sec. 32. (Deleted by amendment.)
Sec. 33. NRS 232.285 is hereby amended to read as follows:
232.285 1. An investigative [fund] account for financial institutions is hereby created [as a special revenue] in the state general fund. The [fund] account consists of money which is:
(a) Received by the department of commerce in connection with the licensing of financial institutions; and
(b) Required by law to be placed therein.
2. The director of the department of commerce or his designee may authorize expenditures from the investigative [fund] account to pay the expenses incurred in investigating applications for licensing of financial institutions and in conducting special investigations relating to those institutions, and expenses incurred in connection with mergers, consolidations, conversions, receiverships and liquidations.
3. As used in this section, financial institution means an institution for which licensing is required [under] by the provisions of Titles 55 and 56 and chapters 645B and 649 of NRS.
Secs. 34 and 35. (Deleted by amendment.)
Sec. 36. NRS 233C.100 is hereby amended to read as follows:
233C.100 1. The [fund] account for local cultural activities is hereby created [as a special revenue] in the state general fund. The [fund] account must be administered by the trustee of the Music Performance Trust Funds, 1501 Broadway, New York City, New York.
2. If the trustee signifies his acceptance in writing to the secretary of state and furnishes a copy of his acceptance to the state controller, money from the [fund] account must be paid out on claims by the trustee as other claims against the state are paid.
κ1991 Statutes of Nevada, Page 1758 (CHAPTER 556, SB 497)κ
[fund] account must be paid out on claims by the trustee as other claims against the state are paid.
Sec. 37. NRS 233C.110 is hereby amended to read as follows:
233C.110 1. The trustee may use money from the [fund] account for local cultural activities to support concerts, operas, ballets and public dances:
(a) Which are presented in this state in public parks, public facilities, universities, colleges, schools, hospitals and other institutions; and
(b) For which no fee is charged to the public, students, patients or other persons for attendance.
2. The costs for which the trustee may expend money from the [fund] account include the compensation of musicians, singers, other performing artists and necessary technicians, and the cost of their transportation to and from performances.
3. The trustee may use no more than 10 percent of the total money expended for the payment of industrial insurance, unemployment compensation, federal taxes on employment and similar charges. In addition, he may expend money from the [fund] account to pay his actual expenses of travel in administering the [fund.] account.
4. Employment of any performer or technician must comply with NRS 613.230 to 613.430, inclusive, and no reference to arrangement through a labor organization may be made with respect to any performance funded in whole or in part from the [fund.] account.
Sec. 38. NRS 235.016 is hereby amended to read as follows:
235.016 1. The director shall set and collect a royalty for the use of The Great Seal of the State of Nevada from the mint which produces the medallions or bars. The amount of the royalty must be:
(a) Based on the usual and customary fee charged as a commission by dealers of similar medallions or bars; and
(b) Adjusted at least once each year to ensure it is competitive with the usual and customary fee.
2. The director shall report every 6 months to the legislature, if it is in session, or to the interim finance committee, if the legislature is not in session. The report must contain:
(a) The amount of the royalties being charged; and
(b) The information used to determine the usual and customary fee charged by dealers.
3. The money collected pursuant to this section must be deposited in the [fund] account for the department of minerals created pursuant to NRS 513.103.
Sec. 39. NRS 281.174 is hereby amended to read as follows:
281.174 1. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance must be paid into the account for travel advances.
2. If an advance is not repaid, the state treasurer may file a claim with the state board of examiners for money to replenish the account. If the state board approves the claim it must be paid for the reserve for statutory contingency [fund.] account.
κ1991 Statutes of Nevada, Page 1759 (CHAPTER 556, SB 497)κ
3. If an officer or employee of an agency terminates his employment after he receives a payment from the account for travel advances but before repayment to the account, the state treasurer may collect from the agency the amount advanced.
Sec. 40. NRS 282.315 is hereby amended to read as follows:
282.315 The state treasurer is hereby authorized to pay from the reserve for statutory contingency [fund,] account on warrants issued by the state controller, a total sum not to exceed $2,500 in any 1 year in payment of approved claims for costs of investigations incurred by the state board of examiners in carrying out the provisions of subsection 5 of NRS 282.330.
Sec. 41. NRS 282.330 is hereby amended to read as follows:
282.330 1. Losses to counties which [might] occur from defalcation, misappropriation or negligent loss of public [funds] money or from failure faithfully to perform the duties of his office on the part of a county or township officer or employee [shall] must be reported by the district attorney of that county to the state board of examiners.
2. Losses to cities which [might] occur from defalcation, misappropriation or negligent loss of public [funds] money or from failure faithfully to perform the duties of his office on the part of a city officer or employee [shall] must be reported by the city attorney of that city to the state board of examiners.
3. In the case of the state, any losses [shall] must be reported to the state board of examiners by the attorney general.
4. In the case of an irrigation district, any losses [shall] must be reported to the state board of examiners by the board of directors of the irrigation district.
5. In each case the state board of examiners shall make, or cause to be made, a full investigation. If, from the investigation, the state board of examiners determines that the loss comes under the conditions of a surety bond issued pursuant to the provisions of chapter 193, Statutes of Nevada 1937, as amended, which established the bond trust fund, the state board of examiners shall order that restitution be made in the following manner:
(a) If there is a sufficient amount in the reserve for statutory contingency [fund] account to cover the loss, the state controller shall draw a warrant on the reserve for statutory contingency [fund] account for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.
(b) If there [are insufficient funds] is insufficient money in the reserve for statutory contingency [fund] account to cover the loss, [then] the state controller shall draw a warrant for the full amount in the reserve for statutory contingency [fund] account for the purpose of making restitution in part, and he shall report the condition of the [fund] account to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution [shall be] is completed.
Sec. 42. NRS 287.330 is hereby amended to read as follows:
287.330 1. The governor shall appoint a committee, which must include the attorney general or his designee, to administer the program. The committee may:
κ1991 Statutes of Nevada, Page 1760 (CHAPTER 556, SB 497)κ
(a) Create an appropriate [fund] account for administration of money and other assets resulting from compensation deferred [under] pursuant to the program.
(b) With the approval of the governor, delegate to one or more state agencies or institutions of the University of Nevada System the responsibility for administering the program for their respective employees, including:
(1) Collection of deferred compensation;
(2) Transmittal of money collected to depositories within the state designated by the committee; and
(3) Payment of deferred compensation to participating employees.
(c) Contract with a private person, corporation, institution or other entity, directly or through a state agency or institution of the University of Nevada System, for services necessary to the administration of the plan, including without limitation:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The purchase, control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the program.
2. The committee and its individual members are not liable for any decision relating to investments if the committee has:
(a) Obtained the advice of qualified counsel on investments;
(b) Established proper objectives and policies relating to investments; and
(c) Exercised that degree of care and judgment which persons of ordinary prudence and reasonable discretion exercise in the management of their own affairs, considering probable income as well as the probable safety of their capital.
Sec. 43. NRS 288.203 is hereby amended to read as follows:
288.203 1. Each person, except the commissioner, who serves on a panel formed pursuant to NRS 288.201 is entitled to receive as compensation $150 for each day he is engaged in the business of the panel and the expenses and allowances prescribed in NRS 281.160.
2. All claims which arise [under] pursuant to this section must be paid from the reserve for statutory contingency [fund] account upon approval by the commissioner and the state board of examiners.
Sec. 44. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations and fiscal notes prepared pursuant to NRS 218.276, 218.443 and 293.250.
2. Whenever feasible, he shall provide these copies on or before the [1st] first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, including arguments for and against it, and fiscal not to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the [1st] first Monday in October.
κ1991 Statutes of Nevada, Page 1761 (CHAPTER 556, SB 497)κ
conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the [1st] first Monday in October. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. When a copy is furnished by the secretary of state too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions, explanations and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and must be paid from the reserve for statutory contingency [fund] account upon recommendation by the secretary of state and approval by the state board of examiners.
Sec. 45. NRS 293.405 is hereby amended to read as follows:
293.405 1. If the person who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, the person shall, upon demand, pay the deficiency to the county clerk, city clerk or secretary of state, as the case may be. If the sum deposited is in excess of the cost, the excess must be refunded to him.
2. If the person who demanded the recount prevails, the sum deposited with the secretary of state, county clerk or city clerk must be refunded to the person and the cost of the recount must be paid as follows:
(a) If the recount concerns an office or ballot question for which voting is not statewide, the cost must be borne by the county or city which conducted the recount.
(b) If the recount concerns an office or ballot question for which voting is statewide, the clerk of each county shall submit a statement of its costs in the recount to the secretary of state for review and approval. The secretary of state shall submit the statements to the state board of examiners, which shall repay the allowable costs from the reserve for statutory contingency [fund] account to the respective counties.
3. Each recount must be commenced within 5 days after demand, and must be completed within 5 days after it is begun. Sundays and holidays must not be excluded in determining each 5-day period.
4. After the recount of a precinct is completed, that precinct must not be subject to another recount for the same office or ballot question at the same election.
Sec. 46. NRS 293B.210 is hereby amended to read as follows:
293B.210 1. If a mechanical voting system is used whereby a vote is cast by punching a card, the county or city clerk shall furnish sufficient lists of offices and candidates and the statements of measures to be voted on for the mechanical recording devices used at any election.
2. The secretary of state shall provide to or reimburse each county for all cards used in each primary or general election. Any reimbursement must be paid from the reserve for statutory contingency [fund] account upon recommendation by the secretary of state and approval by the state board of examiners.
κ1991 Statutes of Nevada, Page 1762 (CHAPTER 556, SB 497)κ
Sec. 47. NRS 321.460 is hereby amended to read as follows:
321.460 1. There is hereby created in the state treasury, for use of the commission in carrying out the provisions of NRS 321.390 to 321.470, inclusive, [a special revenue fund] an account in the state treasury to be known as the Eldorado Valley development [fund.] account.
2. The interest and income earned on the money in the Eldorado Valley development [fund,] account, after deducting any applicable charges, must be credited to the [fund.] account.
3. Except as otherwise provided in NRS 321.470, none of the money in the [fund] account may be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.
4. Money in the Eldorado Valley development [fund] account must be paid out on claims against the [fund] account as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 48. NRS 321.470 is hereby amended to read as follows:
321.470 1. Any money received by the commission in connection with the development or disposition of any land described in NRS 321.410 must be deposited in the state treasury to the credit of the Eldorado Valley development [fund.] account.
2. Immediately following a deposit, the state controller and the state treasurer shall calculate and retain an amount of money equal to the necessary expenses incurred in the acquisition of any land described in NRS 321.410 and shall transfer the remaining amount to the state general fund or the Fort Mohave Valley development [fund,] account, or both, until the transfers have resulted in complete reimbursement to [each of those funds] the fund and the account for all money:
(a) Appropriated from the state general fund to the Eldorado Valley development [fund;] account; and
(b) Used from the Fort Mohave Valley development [fund] account pursuant to paragraph (b) of subsection 4 of NRS 321.536,
for the acquisition of such land.
Sec. 49. NRS 321.520 is hereby amended to read as follows:
321.520 1. For the use of the commission in carrying out the provisions of NRS 321.480 to 321.536, inclusive, the Fort Mohave Valley development [fund] account is hereby created in the state treasury . [as a special revenue fund.]
2. The interest and income earned on the money in the Fort Mohave Valley development [fund,] account, after deducting any applicable charges, must be credited to the [fund.] account.
3. Money in the Fort Mohave Valley development [fund] account must be paid out on claims against the [fund] account as other claims against the state are paid, after the claims have been approved by the commission pursuant to subsection 3 of NRS 321.536.
Sec. 50. NRS 321.530 is hereby amended to read as follows:
321.530 1. Any money received by the commission in connection with the development or disposition of any land described in NRS 321.500 must be deposited in the state treasury to the credit of the Fort Mohave Valley development [fund.] account.
κ1991 Statutes of Nevada, Page 1763 (CHAPTER 556, SB 497)κ
2. The state controller and the state treasurer shall calculate and retain an amount of money from that deposit equal to the necessary expenses incurred in the acquisition of any land described in NRS 321.500 and shall transfer the remaining amount to the state general fund until the transfers have resulted in complete reimbursement to the state general fund for all money appropriated from the state general fund to the Fort Mohave Valley development [fund.] account.
Sec. 51. NRS 321.536 is hereby amended to read as follows:
321.536 1. The commission may use money in the Fort Mohave development [fund] account to purchase or otherwise acquire lands described in NRS 321.500 and 321.543 in an amount not to exceed $3,200,000.
2. After the allocation of money pursuant to subsection 1, the commission may use money in the Fort Mohave development [fund] account to administer the provisions of NRS 321.480 to 321.536, inclusive, and any other expenditures authorized by law.
3. After the allocation of money pursuant to subsections 1 and 2, the commission, with the concurrence of the board of county commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the use of the remaining money available in the Fort Mohave Valley development [fund] account to develop state and local capital improvements. The program may include the planning, design and construction of those improvements which develop the land in the Fort Mohave Valley or in the service area of any general improvement district, special district, town or city which contains all or a part of the land in the Fort Mohave Valley, or both. If the program is approved, the commission shall approve proper claims against the [fund] account made in conformance with the program in a manner which ensures that any claims concerning a particular capital improvement are approved and paid before any claims concerning another capital improvement are approved and paid.
4. After disposition of the money in the Fort Mohave Valley development [fund] account pursuant to subsections 1, 2 and 3, the commission may use any remaining money to:
(a) Develop and dispose of any land described in NRS 321.534 acquired by the commission;
(b) Purchase or otherwise acquire, develop and dispose of any other land, including the land described in NRS 321.410, which the commission is authorized to purchase, acquire, develop or dispose of; and
(c) Perform any other acts authorized by the legislative commission.
5. Any money:
(a) Received from the development or disposition of the land described in NRS 321.534;
(b) Transferred from the Eldorado Valley development [fund] account pursuant to subsection 2 of NRS 321.470; or
(c) Received from the development or disposition of any other land which the commission acquires using money from the Fort Mohave Valley development [fund] account pursuant to paragraph (b) of subsection 4,
must be deposited in the Fort Mohave Valley development [fund.] account.
κ1991 Statutes of Nevada, Page 1764 (CHAPTER 556, SB 497)κ
Sec. 52. NRS 324.040 is hereby amended to read as follows:
324.040 1. The administrator of the division is designated as the state registrar of lands under the Carey Act.
2. The state registrar of lands under the Carey Act [shall:
(a) Be] :
(a) Is the custodian of all papers, documents, maps and plats relating to Carey Act lands.
(b) [Receive] Shall receive and give a receipt for all fees and payments required to be paid [under] pursuant to the provisions of this chapter or [under] any regulation of the division.
(c) [Deposit] Shall deposit all fees and payments received by him with the state treasurer to the credit of the Carey Act [fund.
(d) Conduct] account.
(d) Shall conduct all correspondence relating to Carey Act lands.
3. The state registrar of lands under the Carey Act is designated as the authorized agent of the state to dispose of lands under the Carey Act.
4. For services performed [under] pursuant to the provisions of this chapter the administrator of the division is not entitled to receive additional compensation.
Sec. 53. NRS 324.080 is hereby amended to read as follows:
324.080 1. The division may fix the price at which the state disposes of lands in each segregation to settlers at the time of their entry, which [may] must not be less than $10 per acre nor more than the fair market value, including costs incidental to the application.
2. The proceeds must be deposited with the treasurer for credit to the Carey Act [fund,] account, which is hereby created [as a special revenue] in the state general fund.
Sec. 54. NRS 324.090 is hereby amended to read as follows:
324.090 A nonrefundable fee of $100 must be collected by the division [under] pursuant to the provisions of this chapter and deposited with the state treasurer for credit to the Carey Act [fund.] account. The fee covers one copy each of all original documents from the time of application to the time of issuance of patent, including the application for segregation. Other fees may be charged as are established by regulations of the division.
Sec. 55. NRS 324.100 is hereby amended to read as follows:
324.100 1. The proceeds derived by the state from fees and the sale of Carey Act lands must be deposited in the Carey Act [fund.] account. The money is subject to control and disposition by the division and may be used by the division for the following purposes only:
(a) For the payment of all necessary expenses incurred by the state registrar of lands under the Carey Act for administering Carey Act lands.
(b) For the reclamation, under the control and direction of the division, of desert lands in the state, other than those included in any segregation by any applicant except the state.
(c) For [such] advertisement and publicity of the desert lands of the state [as may] to advance their settlement and reclamation.
2. Until the Carey Act [fund] account has received deposits from fees and sales of land under the provisions of this chapter sufficient to meet the necessary disbursements arising [under] pursuant to paragraph (a) of subsection 1, the state controller and the state treasurer are authorized and directed to transfer from the state general fund to the Carey Act [fund] account from time to time, sufficient money to meet those disbursements, not exceeding $10,000, and that sum is hereby appropriated for that purpose.
κ1991 Statutes of Nevada, Page 1765 (CHAPTER 556, SB 497)κ
necessary disbursements arising [under] pursuant to paragraph (a) of subsection 1, the state controller and the state treasurer are authorized and directed to transfer from the state general fund to the Carey Act [fund] account from time to time, sufficient money to meet those disbursements, not exceeding $10,000, and that sum is hereby appropriated for that purpose. As soon as deposits to the Carey Act [fund,] account, derived from fees and sales of lands, are sufficient to provide an adequate operating balance in the Carey Act [fund,] account, all sums so transferred must be restored to the state general fund.
3. All disbursements from the Carey Act [fund] account must be on claims of the state registrar of lands under the Carey Act and approved by the state board of examiners.
Sec. 56. NRS 324.160 is hereby amended to read as follows:
324.160 1. Upon approval by the Secretary of the Interior of the application for a segregation, the division must enter into a contract with the applicant for the segregation. The contract must contain:
(a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of the segregation as the division prescribes by regulation.
(b) The price, conditions and terms per acre at which the irrigation works and perpetual water rights will be sold to settlers.
(c) The price, terms and conditions on which the state is to dispose of the lands to settlers.
(d) Such additional requirements and stipulations as are necessary to protect the good reputation of the state and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.
2. The contract must not be entered into until the contractor has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works which is conditioned upon the faithful performance of the contract with this state.
3. If, within 3 months after notice by the division to the applicant, by registered or certified letter addressed to his last known address, that the segregation has been approved by the Secretary of the Interior, the applicant or his agent fails to appear and execute a contract with the state and supply the bond as required, the applicant defaults his interest in the land to the state, unless the division grants an extension of time which may not exceed 30 days. The division may advertise the interest of the applicant for sale and sell it to the highest bidder under such regulations as the division [may prescribe,] prescribes, and sell the interest and enter into a contract covering the segregation with the purchaser. In such a case the state engineer shall transfer the application for the water right to the purchaser. The proceeds of the sale must be used to reimburse the division for the costs of the advertisement and sale. The surplus, if any, must be deposited in the Carey Act [fund.] account.
Sec. 57. NRS 324.210 is hereby amended to read as follows:
324.210 1. Upon the failure of any party having a contract with the state for the construction of irrigation works to begin the works within the time specified by the contract, or to complete the works within the time or in accordance with the specifications of the contract to the satisfaction of the state engineer, the division shall give the party written notice of the failure. If after a period of 60 days after the sending of the notice, the party fails to proceed with the work or to conform to the specifications of the contract, the bond and contract of the party and all works constructed under it are forfeited to the state.
κ1991 Statutes of Nevada, Page 1766 (CHAPTER 556, SB 497)κ
after a period of 60 days after the sending of the notice, the party fails to proceed with the work or to conform to the specifications of the contract, the bond and contract of the party and all works constructed under it are forfeited to the state. The division shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of:
(a) The forfeiture of the contract; and
(b) That upon a fixed day proposals will be received at the office of the division for the purchase of the uncompleted works and for the completion of the contract.
2. The division shall give notice in its advertisement for proposals for the purchase of the uncompleted works that the successful bidder is required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract.
3. The time of receiving bids must be at least 60 days [subsequent to] after the issuing of the last notice of forfeiture.
4. The money received by the division from the sale of partially completed works under the provisions of this section must first be applied to the expenses incurred by the state in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, must be deposited in the Carey Act [fund.] account.
Sec. 58. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the state treasury the fund for insurance premiums as an internal service fund to be maintained for the use of the risk management division of the department of administration.
2. Each state agency shall deposit in the fund an amount equal to its insurance premium and other charges for potential liability, as determined by the risk management division.
3. Expenditures from the fund must be made by the risk management division to the insurer for premiums of state agencies as they become due and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037. If the money in the fund is insufficient to pay the claim, it must be paid from the reserve for statutory contingency [fund.] account.
Sec. 59. NRS 333.124 is hereby amended to read as follows:
333.124 1. The donated commodities [fund] account is hereby created [as a special revenue] in the state general fund for the use of the chief in acquiring commodities donated by the Federal Government and its agencies.
2. Costs of freight, storage, handling charges and other administrative expenses, including compensation of purchasing division personnel, incidental to the acquisition of the donated commodities may be paid from the donated commodities [fund.] account.
Sec. 60. NRS 333.490 is hereby amended to read as follows:
333.490 1. The chief shall secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to organizations for emergency management, to volunteer fire departments, and to such other institutions or activities as [may be eligible under] are eligible pursuant to federal law to acquire such property.
κ1991 Statutes of Nevada, Page 1767 (CHAPTER 556, SB 497)κ
federal law to acquire such property. The chief may make such certifications, develop and sign such plans of operation, take such action and enter into such contracts and undertakings for and in the name of the state as [may be] are authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He may adopt regulations, prescribe requirements, and take the necessary action to assure maximum utilization by and benefit to eligible institutions and organizations from the federal donable surplus property. He shall charge the schools and institutions receiving donable surplus property secured through the purchasing division, the charge to be a percentage of the cost of acquisition or of the fair value of the item requested sufficient to repay part or all of the cost of transportation and other costs incurred in acquisition of the property.
2. All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the surplus property administration [fund,] account, which is hereby created [as a special revenue] in the state general fund. All expenses for the distribution of federal surplus property must be paid from the [fund] account as other claims against the state are paid.
3. The chief may discontinue temporarily or terminate entirely the operation of purchasing and distributing donable surplus property at any time when there is not a sufficient flow of property to make continued employment of personnel for this propose beneficial to the state.
Sec. 61. NRS 360.271 is hereby amended to read as follows:
360.271 All money which the department receives in lieu of a surety bond from any dealer, importer or other person to meet a prerequisite for the issuance of a license or to comply with a provision of this Title must be deposited with the state treasurer for credit to the department of taxations account in the state agency fund for bonds . [, which is hereby created.]
Sec. 62. NRS 365.565 is hereby amended to read as follows:
365.565 The tax derived from aviation fuel must be distributed, after payment of refund claims as provided in NRS 365.370, quarterly from the account for taxes on aviation fuel in the following manner:
1. There must be transferred to the Civil Air Patrol [fund,] account, hereby created, from the account for taxes on aviation fuel, for the ensuing fiscal year, a sum not to exceed $85,000 or the total amount in the account, whichever is less. The amount so transferred must be expended for the support of Nevada Wing 27001 of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the [fund] Civil Air Patrol account for the support of that wing.
2. Money in the [fund] Civil Air Patrol account may be paid out only upon claims certified by the wing commander and the wing finance officer and approved by the state board of examiners, in the same manner as other claims against the state are paid.
3. Money in the [fund] Civil Air Patrol account may be used only by the wing to:
(a) Carry out its search, rescue and emergency operations;
(b) Maintain a headquarters; and
(c) Purchase, maintain and repair emergency and training equipment.
κ1991 Statutes of Nevada, Page 1768 (CHAPTER 556, SB 497)κ
4. No money in the [fund] Civil Air Patrol account may be expended for:
(a) The purchase of any aircraft;
(b) Travel expenses;
(c) Training expenses; or
(d) Fuel for vehicles or aircraft used in an official mission of the United States Air Force.
5. Any person who makes a claim against the [fund must] Civil Air Patrol account shall reimburse the [fund] account if payment for the claim is also received from another source.
6. There must be remitted to the treasurer of each county such portion of the remaining balance in the account for taxes on aviation fuel as is proportional to the excise taxes remitted by dealers or users in his county.
Secs. 63-66. (Deleted by amendment.)
Sec. 67. NRS 412.108 is hereby amended to read as follows:
412.108 1. The person [, firm, association or corporation] or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions his or its full name and address, the purpose for which its use is desired, the nature and manner of the intended use of the space, a reasonable rental to be paid for that use and the amounts to be paid for heating, lighting, janitorial and other services connected with its use. The terms and provisions of the agreement must be governed by department regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.
2. No agreement for use made [under] pursuant to this section is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or his authorized representative, and has been approved by his military superiors as prescribed by department regulations issued pursuant to this chapter.
3. No agreement or lease made [under] pursuant to this section may be assigned in whole or in part nor may space be sublet to or used by a person [, firm, association or corporation] or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or his authorized representative.
4. All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or his authorized representative. Any person other than the officer in charge of the armory or his authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or his authorized representative, who shall immediately forward one-half of the money to the office of the adjutant general to be placed in [a special revenue] an account in the state general fund entitled the adjutant generals special armory [fund,] account, to be used by the department for necessary repairs and improvements of state armories and construction of new facilities in the manner prescribed by department regulations. The remainder of the money must be placed in an armory account to be kept by the officer in charge of the armory or his authorized representative, and used for military activities and affairs and to further relations with the community in which the armory is located.
κ1991 Statutes of Nevada, Page 1769 (CHAPTER 556, SB 497)κ
in which the armory is located. These expenditures must be made according to department regulations and must be approved by a board of three persons appointed by the adjutant general.
5. When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the adjutant general may require the execution of a contract or agreement for that use, upon such terms and conditions as he [may prescribe.] prescribes.
Sec. 68. NRS 412.154 is hereby amended to read as follows:
412.154 1. Members of the Nevada National Guard ordered into active service of the state pursuant to this chapter are not liable civilly or criminally of any act [or acts] done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by him in his official capacity in the discharge of any duty [under] pursuant to this chapter, or an alleged omission by him to do an act which it was his duty to perform, or against any person acting [under] pursuant to the authority or order of such an officer, or by virtue of any warrant issued by him pursuant to law, the defendant:
(a) May have counsel of his own selection, with the cost of such counsel to be borne by the defendant; or
(b) [Shall] Must be defended by the attorney general in civil actions and by the state judge advocate in criminal actions, with the cost of such counsel to be paid out of the reserve for statutory contingency [fund] account upon approval by the state board of examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel [shall] must be borne by the defendant, and may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein.
2. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his costs.
3. No member of the Nevada National Guard [shall] may be arrested on any civil process while going to, remaining at, or returning from any place at which he [may be] is required to attend for military duty.
Secs. 69-77. (Deleted by amendment.)
Sec. 78. NRS 428.265 is hereby amended to read as follows:
428.265 As used in NRS 428.275 to 428.345, inclusive:
1. Fund means the fund for medical assistance to indigent persons.
2. Supplemental [fund] account means the supplemental [fund] account for medical assistance to indigent persons.
Sec. 79. NRS 428.305 is hereby amended to read as follows:
428.305 1. The supplemental [fund] account for medical assistance to indigent persons is created [as a trust fund.] in the fund for hospital care for indigent persons. Any money recovered pursuant to NRS 428.345 and the interest earned on the money in the supplemental [fund] account must be deposited for credit to the supplemental [fund.] account.
κ1991 Statutes of Nevada, Page 1770 (CHAPTER 556, SB 497)κ
2. If the balance in the supplemental [fund] account exceeds $2,000,000 on May 1, the excess must be credited pro rata against the amounts due from the respective counties.
Sec. 80. NRS 428.315 is hereby amended to read as follows:
428.315 The board of trustees of the fund for hospital care to indigent persons shall administer the supplemental [fund] account and for that purpose may:
1. Enter into all necessary contracts and agreements.
2. Employ personnel as necessary and prescribe their compensation and working conditions.
3. Enter into agreements with the department of administration to obtain the services of attorneys, auditors and accountants.
4. Rent, lease, purchase or otherwise procure or receive real or personal property.
5. Adopt regulations necessary for carrying out the provisions of NRS 428.305 to 428.345, inclusive.
Sec. 81. (Deleted by amendment.)
Sec. 82. NRS 428.345 is hereby amended to read as follows:
428.345 1. The board of trustees of the fund for hospital care to indigent persons shall review the application and approve or disapprove reimbursement of all or part of the unpaid charges in excess of $25,000. If reimbursement or partial reimbursement is approved, payment to the county must be made from the supplemental [fund,] account, to the extent money is available in the supplemental [fund,] account, and the county must reimburse the provider of care for the care given to any one indigent person which exceeds $25,000 but only to the extent of the money reimbursed or partially reimbursed to the county from the supplemental [fund] account on account of that patient.
2. Upon payment to the county, the board of trustees:
(a) Is subrogated to the right of the county to recover unpaid charges from the indigent person or from other persons responsible for his support, to the extent of the reimbursement or partial reimbursement paid; and
(b) Has a lien upon the proceeds of any recovery by the county from the indigent person or other person responsible for his support, to the extent of the reimbursement or partial reimbursement paid from the supplemental [fund.] account.
Secs. 83-86. (Deleted by amendment.)
Sec. 87. 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] account, which is hereby created [as a special revenue] in the state general 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 87.50
(c) For each form issued to a fleet station ......................................... 3.50
κ1991 Statutes of Nevada, Page 1771 (CHAPTER 556, SB 497)κ
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] account 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 of 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.
Sec. 88. (Deleted by amendment.)
Sec. 89. NRS 452.380 is hereby amended to read as follows:
452.380 The administrator shall promptly deposit with the state treasurer, for credit to the insurance divisions regulatory [fund] account created by NRS 689.710, all fees and charges collected by him pursuant to NRS 452.310 and 452.590. Expenses incurred in carrying out the provisions of this chapter must be paid from the [fund] account as other claims against the state are paid.
Sec. 90. (Deleted by amendment.)
Sec. 91. NRS 459.530 is hereby amended to read as follows:
459.530 1. All proceeds from agreements entered into pursuant to NRS 459.505, all reimbursements and penalties recovered pursuant to NRS 459.535, and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 459.400 to 459.600, inclusive, must be deposited with the state treasurer for credit to the [fund] account for the management of hazardous waste, which is hereby created [as a special revenue] in the state general fund. The money in the [fund] account must be paid as other claims against the state are paid.
κ1991 Statutes of Nevada, Page 1772 (CHAPTER 556, SB 497)κ
2. The state treasurer shall account separately for each of the fees collected pursuant to section 1 of [this act.] Assembly Bill No. 271 of this session.
Sec. 92. NRS 459.535 is hereby amended to read as follows:
459.535 1. Except as otherwise provided in subsections 2 and 3, the money in the [fund] account for the management of hazardous waste may be expended only to pay the costs of:
(a) The continuing observation or other management of hazardous waste;
(b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance;
(c) Training persons to respond to accidents or other emergencies related to hazardous materials, including any basic training by the state fire marshal which is necessary to prepare personnel for advanced training related to hazardous materials;
(d) Establishing and maintaining a program by the public service commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the state; and
(e) Financial incentives and grants made in furtherance of the program developed pursuant to subsection 3 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.
2. Money in the [fund] account for the management of hazardous waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive.
3. If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the [fund] account may be expended to pay the costs of:
(a) Responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;
(b) Coordinating the efforts of state, local and federal agencies responding to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;
(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance;
(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or
(e) Services rendered in response to a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, by consultants certified pursuant to regulations adopted by the commission.
4. The director shall demand reimbursement of the [fund] account for money expended pursuant to subsection 3 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance.
κ1991 Statutes of Nevada, Page 1773 (CHAPTER 556, SB 497)κ
hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
5. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
Sec. 93. NRS 459.710 is hereby amended to read as follows:
459.710 1. The director shall adopt regulations providing for the:
(a) Granting, renewal, modification, suspension, revocation and denial of permits for motor vehicles which transport hazardous materials.
(b) Inspection of motor vehicles which transport hazardous materials on the highways of this state.
(c) Identification and listing of hazardous materials.
2. The regulations adopted pursuant to subsection 1 must include provisions for fees to pay the cost of inspection, issuing a permit and other regulation. All such fees adopted must be set to approximate the cost of providing the service for which the fee is charged. Except as otherwise provided in subsection 3, money received by the division from the fees must be deposited with the state treasurer for credit to the state [highway] general fund. The interest and income earned on the money in the [account,] fund, after deducting any applicable charges, must be credited to the [account. Money in the account] fund. Money received pursuant to this section must only be used for carrying out the provisions of NRS 459.700 to 459.725, inclusive.
3. The division shall deposit 20 percent of the money collected from fees imposed pursuant to this section with the state treasurer for credit to the contingency [fund] account for hazardous materials.
4. The division shall issue an identifying device to each motor vehicle transporting hazardous materials upon receipt of the appropriate application and fee and the satisfactory completion of the inspection for safety.
Sec. 94. NRS 459.735 is hereby amended to read as follows:
459.735 1. The contingency [fund] account for hazardous materials is hereby created [as a trust] in the state general fund.
2. The commission established by the governor pursuant to Public Law 99-499 shall administer the contingency [fund] account for hazardous materials, and the money in the [fund] account may be expended only for:
(a) Carrying out the provisions of NRS 459.735 to 459.770, inclusive;
(b) Carrying out the provisions of Public Law 99-499;
(c) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and
(d) Operation of a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.
3. All money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency [fund] account for hazardous materials. The interest and income earned on the money in the contingency [fund,] account, after deducting any applicable charges, must be credited to the account.
κ1991 Statutes of Nevada, Page 1774 (CHAPTER 556, SB 497)κ
4. All claims against the contingency [fund] account for hazardous materials must be paid as other claims against the state are paid.
Sec. 95. NRS 459.755 is hereby amended to read as follows:
459.755 If the person responsible for hazardous material involved in a spill or accident does not act promptly and appropriately to clean and decontaminate the affected area, and if his inaction presents an imminent and substantial hazard to human health, public safety, any property or the environment, money from the contingency [fund] account for hazardous materials may be expended to pay the costs of:
1. Responding to a spill of or an accident involving hazardous material;
2. Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident involving hazardous material;
3. Managing the cleaning and decontamination of an area for the disposal of hazardous material or the site of a spill of or an accident involving hazardous material; or
4. Removing or contracting for the removal of hazardous material which presents an imminent danger to human health, public safety or the environment.
Sec. 96. NRS 459.765 is hereby amended to read as follows:
459.765 Any reimbursement and penalty recovered by the attorney general from a person responsible for hazardous material involved in a spill or accident must be deposited with the state treasurer for credit to the contingency [fund] account for hazardous materials.
Sec. 97. NRS 463.225 is hereby amended to read as follows:
463.225 1. If satisfied that an applicant is eligible to receive a state gaming, manufacturing, selling, distributing or pari-mutuel wagering license, and upon tender of:
(a) All license fees and taxes as required by law and regulation of the commission; and
(b) A bond executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license,
the commission shall issue and deliver to the applicant a license entitling him to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which he is licensed. The commission shall prepare and maintain a written record of the specific terms and conditions of any license issued and delivered and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee.
2. The commission shall fix the amount of the bond to be required [under] pursuant to subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter.
3. In lieu of a bond an applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commission.
κ1991 Statutes of Nevada, Page 1775 (CHAPTER 556, SB 497)κ
certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commission.
4. If the requirement for a bond is satisfied in:
(a) Cash, the commission shall deposit the money in the state treasury for credit to the [fund] account for bonds of state gaming licensees , which is hereby created [as an agency fund.] in the state agency fund for bonds.
(b) Any other authorized manner, the security must be placed without restriction at the disposal of the commission, but any income must inure to the benefit of the licensee.
Sec. 98. NRS 463.332 is hereby amended to read as follows:
463.332 1. The [fund] account for investigating cash transactions of gaming licensees is hereby created [. The fund] in the investigative fund. The account is a continuing [fund] account and its money [may] does not revert to the state general fund at any time.
2. The money in the [fund] account must be used by the board to conduct undercover investigations related to alleged or suspected violations of regulations concerning cash transactions of gaming licensees.
3. Claims against the [fund] account which are approved by the board must be paid as other claims against the state are paid.
Sec. 99. (Deleted by amendment.)
Sec. 100. NRS 467.080 is hereby amended to read as follows:
467.080 1. The commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat where an admission fee is received [under] in accordance with such terms and [in accordance with such] provisions as the commission [may prescribe.] prescribes.
2. Any application for such a license must be in writing and correctly show and define the applicant. The application must be accompanied by an annual fee to be fixed by the commission on a uniform scale.
3. Before any license is granted, the applicant must file a bond in an amount fixed by the commission but not less than $2,000, executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance by the applicant of the provisions of this chapter. In lieu of a bond, the applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the commission. All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commissions agency [fund,] account, which is hereby created [.] in the state agency fund for bonds.
4. If the commission believes the requirement for a bond is inadequate, the commission may require the promoter to make a deposit of money in an amount fixed by the commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the commission.
κ1991 Statutes of Nevada, Page 1776 (CHAPTER 556, SB 497)κ
order of the commission. After satisfaction of all such obligations the commission shall release the remainder to the promoter.
5. Subsections 3 and 4 do not apply to amateur athletic clubs.
Sec. 101. NRS 467.135 is hereby amended to read as follows:
467.135 1. The commission, its executive director or any other employee authorized by the commission may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the commission, executive director or other employee, the contestant is not competing honestly or to the best of his skill and ability or if the manager or seconds have violated any of the provisions of this chapter or the regulations adopted thereunder.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the commission. Subject to the provisions of subsection 5, the money must be deposited with the state treasurer for credit to the state general fund.
5. Money turned over to the commission pending final action in any matter must be credited to the athletic commissions agency [fund] account and must remain in that [fund] account until the commission orders its disposition in accordance with the final action taken.
Sec. 102. NRS 477.045 is hereby amended to read as follows:
477.045 1. The state fire marshal shall establish a statewide training program for response to spills of hazardous materials and related fires. The state fire marshal shall require persons who store hazardous materials to obtain a permit to do so. The state fire marshal shall collect a surcharge of $60 for each such permit issued in the state. The surcharge is in addition to any other fee charged for the issuance of such a permit.
2. The revenue derived by the state fire marshal pursuant to this section must be deposited with the state treasurer for credit to the contingency [fund] account for hazardous materials.
Sec. 103. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol must be augmented by, in addition to the personnel provided by NRS 481.140, supplementary troopers to the extent permitted by the money available, but the total number of troopers must not exceed the number specified for a particular fiscal year by the legislature.
2. The director shall appoint those additional troopers as soon after the beginning of each fiscal year as he can determine the amount of money which is available for that purpose.
3. The department shall transfer biweekly $6 for every motor vehicle registered during the next preceding 2 weeks pursuant to the provisions of chapter 482 of NRS or NRS 706.801 to 706.861, inclusive, to the highway patrol special [fund] account, which is hereby created [as a special revenue] in the state general fund.
κ1991 Statutes of Nevada, Page 1777 (CHAPTER 556, SB 497)κ
patrol special [fund] account, which is hereby created [as a special revenue] in the state general fund. The money in the [fund] account must be used only for the purpose specified in subsection 1.
Sec. 104. NRS 481.155 is hereby amended to read as follows:
481.155 1. Except as otherwise provided in this section, the chief of the Nevada highway patrol may enter into a contract with any person or governmental agency to provide services for the control of vehicular traffic related to or affected by any special event sponsored by the person or agency.
2. Any such contract:
(a) Must require the sponsor of the special event to reimburse the Nevada highway patrol for the cost of the services provided.
(b) May require the sponsor to furnish a bond to ensure that reimbursement is made.
(c) Is subject to the following limitations:
(1) The services provided pursuant to the contract must be provided by personnel of the Nevada highway patrol.
(2) The services required must not impair the ability of the Nevada highway patrol to perform its customary duties.
3. Any money received by the Nevada highway patrol pursuant to such a contract must be deposited with the state treasurer for credit to the motor vehicle fund or the highway patrol special [fund,] account, as appropriate for the services provided.
4. As used in this section, special event has the meaning ascribed to it in NRS 484.900.
Sec. 105. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $23.
2. For every motorcycle, a fee for registration of $23 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be accounted for in the [fund] account for verification of insurance [which is] hereby created [as a special revenue] in the state general fund and [must be] used only for the purposes specified in NRS 485.383.
5. For every travel trailer, a fee for registration of $17.
6. For each vehicle registered by a border state employee pursuant to NRS 482.213, a fee for registration of $10, which may not be prorated.
Sec. 106. NRS 487.070 is hereby amended to read as follows:
487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:
κ1991 Statutes of Nevada, Page 1778 (CHAPTER 556, SB 497)κ
(a) A license containing the applicants name, address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in paragraph (a);
(2) Includes a picture of the licensee; and
(3) Clearly identifies the holder of the card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the [fund] account for regulation of salvage pools, automobile wreckers and body shops.
3. A license expires on December 31 of the year for which it is issued.
4. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.080.
Sec. 107. NRS 487.080 is hereby amended to read as follows:
487.080 1. The fee for issuance or renewal of an automobile wreckers license is $300.
2. Fees collected must be deposited with the state treasurer to the credit of the [fund] account for regulation of salvage pools, automobile wreckers and body shops.
Sec. 108. NRS 487.450 is hereby amended to read as follows:
487.450 1. The department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.
2. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the [fund,] account, for regulation of salvage pools, automobile wreckers and body shops, which is hereby created [as a special revenue] in the state general fund. Money in the [fund] account may be used only for the administration of NRS 487.002, 487.050 to 487.200, inclusive, and 487.400 to 487.690, inclusive.
Sec. 109. NRS 487.475 is hereby amended to read as follows:
487.475 1. A card authorizing a dealer of new or used motor vehicles or a rebuilder to bid to purchase a vehicle from an operator of a salvage pool must contain:
(a) The dealers or rebuilders name and signature;
(b) His business name;
(c) His business address;
(d) His business license number issued by the department; and
(e) A picture of the dealer or rebuilder.
2. A dealer or rebuilder may obtain one or two cards for his business.
3. The department shall charge a fee of $50 for each card issued.
4. A card issued pursuant to this section expires on December 31 of the year in which it was issued. The dealer or rebuilder must submit to the department an application for renewal accompanied by a renewal fee of $25 for each card. The application must be made on a form provided by the department and contain such information as the department requires.
κ1991 Statutes of Nevada, Page 1779 (CHAPTER 556, SB 497)κ
5. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the [fund] account for regulation of salvage pools, automobile wreckers and body shops.
Sec. 110. NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department [may require] requires to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
2. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the [fund] account for regulation of salvage pools, automobile wreckers and body shops.
3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
4. Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.
5. A license expires on December 31 of the year for which it is issued.
6. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.
Sec. 111. NRS 513.103 is hereby amended to read as follows:
513.103 1. The [fund] account for the department of minerals is hereby created in the state [treasury as a special revenue] general fund.
2. The following special fees and money must be deposited in the [fund:] account:
(a) All fees collected pursuant to NRS 513.094, 517.185 and chapter 522 of NRS.
(b) All money collected pursuant to NRS 235.016.
(c) Any money received by the department from a county pursuant to NRS 513.108.
(d) Any money appropriated to the department from the state general fund.
3. No money except that appropriated from the state general fund [reverts] lapses to the state general fund.
4. The money in the [fund] account is appropriated to the department. The money deposited in the [fund] account pursuant to paragraph (a) of subsection 2, and the interest earned thereon, must be expended for the purposes of administering chapter 522 of NRS and the provisions of this chapter, except for NRS 513.108. The money deposited pursuant to paragraph (b) and (c) of subsection 2, and the interest earned thereon, must be distributed to the counties pursuant to NRS 513.108, except that portion required to pay the cost of administering the provisions of that section. All interest earned on the [fund] account must remain in the [fund.] account.
κ1991 Statutes of Nevada, Page 1780 (CHAPTER 556, SB 497)κ
Sec. 112. NRS 513.108 is hereby amended to read as follows:
513.108 1. The board of county commissioners in each county may apply to the department for money to abate a dangerous condition resulting from mining practices which took place at a mine that is no longer operating.
2. The department shall, within the limits of the money available pursuant to paragraphs (b) and (c) of subsection 2 of NRS 513.103, provide counties with money to abate such dangerous conditions based on the relative degree of danger of those conditions.
3. If a county which receives money from the department subsequently receives monetary compensation from the mine owner or other person responsible for the existence of the dangerous condition, it shall reimburse the department to the extent of the compensation received. Any money received by the department pursuant to this subsection must be deposited in the [fund] account for the department of minerals created pursuant to NRS 513.103.
Sec. 113. NRS 517.185 is hereby amended to read as follows:
517.185 Each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a fee of $0.75 per claim. The county recorder shall collect the fee and quarterly pay the money collected to the department of minerals. The department shall deposit with the state treasurer, for credit to the [fund] account for the department of minerals, all money received pursuant to this section.
Sec. 114. NRS 519A.250 is hereby amended to read as follows:
519A.250 1. An operator who is required by federal law to file a plan of operation, an amended plan of operation or a notice of intent with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, or within 30 days after filing a notice, provide the department of minerals with a copy of the filing and pay the following fee to the department of minerals:
(a) For a plan of operation or an amended plan of operation filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed under an amended plan.
(b) For a notice of intent filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20.
2. The department of minerals shall adopt by regulation a method of refunding a portion of the fees required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed under the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the department of minerals pursuant to subsection 1 must be accounted for separately and used by the department of minerals to create and administer a program for the abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the department of minerals.
κ1991 Statutes of Nevada, Page 1781 (CHAPTER 556, SB 497)κ
the department of minerals. All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the [fund] account for the department of minerals.
4. On or before February 1 of each odd-numbered year, the department of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
Sec. 115. NRS 522.150 is hereby amended to read as follows:
522.150 1. Any expenses in connection with Nevadas affiliation with the Interstate Oil Compact Commission must be paid from the [fund] account for the department of minerals.
2. To pay the expenses of the department, every producer of oil or natural gas in this state shall on or before the last day of each month report to the department and to the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the department an administrative fee on each barrel of oil and on every 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The department shall deposit with the state treasurer, for credit to the [fund] account for the department of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the administrative fee per barrel of oil or per 50,000 cubic feet of natural gas, unless it has been paid by the producer. The administrative fee is 50 mills per barrel of oil or per 50,000 cubic feet of natural gas.
Sec. 116. NRS 532.200 is hereby amended to read as follows:
532.200 1. For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for the costs, witness fees or expenses incurred by or upon the authority of the attorney general and the state engineer in any litigation affecting any order of determination adjudicating the waters of any system of streams in [the State of Nevada,] this state, there is hereby created the adjudication emergency [fund as a special revenue] account in the state general fund. All money returned [under] pursuant to the provisions of chapter 181, Statutes of Nevada 1925, until those returns total $6,000, must be deposited in this [fund,] account, and thereafter the [fund] account must be maintained for the purposes designated in this section.
2. No part of the [fund] account may be used in the payment of attorneys fees.
3. The State of Nevada shall recover all costs paid or advanced [under] pursuant to the provisions of this section, and the money recovered must be placed in the [fund.] account.
4. All expenditures from the [fund] account must be paid as other claims against the state are paid.
Sec. 117. NRS 532.210 is hereby amended to read as follows:
532.210 1. The fund created pursuant to the provisions of chapter 232, Statutes of Nevada 1931, and chapter 23, Statutes of Nevada 1943, is hereby continued as a revolving account within the [water distribution] state general fund, for the purposes set forth in NRS 533.270 to 533.295, inclusive, and for the purposes set forth in the provisions of chapters 534, 535 and 536 of NRS pertaining to the conservation and distribution of waters.
κ1991 Statutes of Nevada, Page 1782 (CHAPTER 556, SB 497)κ
2. The money in the water distribution revolving account may be used for:
(a) The payment of state water commissioners and assistant state water commissioners salaries and expenses.
(b) The payment of salaries and expenses of other employees engaged in the work of the distribution of waters or streams that are directly under the supervision of the state engineer.
(c) The payment of expenses necessarily incurred by the state water commissioners in the distribution of water.
3. The money in the water distribution revolving account, or so much thereof as [may be] is necessary, may be used by the state engineer for the uses and purposes of, and in the administration of the provisions of, chapter 534 of NRS pertaining to the conservation and distribution of underground waters.
Sec. 118. NRS 533.080 is hereby amended to read as follows:
533.080 1. All maps, surveys and measurements of water required pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the state engineer unless the survey is made by a state water right surveyor.
2. Any registered professional engineer or land surveyor, qualified and registered in this state, who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the state engineer. The application must be in the form prescribed by the state engineer and accompanied by a fee of $50.
3. The state engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to his qualifications as is provided by the state engineer.
4. Whenever the state engineer approves the qualifications of an applicant, he shall issue a certificate to the applicant designating him as a state water right surveyor.
5. Every water right surveyors certificate expires on June 30 of each year unless renewed by application in the form prescribed by the state engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the state engineers water license [fund] account, which is hereby created [as a special revenue] in the state general fund , and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.
6. An appointment may be revoked by the state engineer at any time for good cause shown.
7. The state engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.
8. The State of Nevada is not liable for the compensation of any state water right surveyor, but he is entitled to be paid by the person employing him.
9. Officers and employees of the United States Government are entitled to apply for the position of state water right surveyor and are exempt from the qualification of registration as a professional engineer or land surveyor required in subsection 2.
κ1991 Statutes of Nevada, Page 1783 (CHAPTER 556, SB 497)κ
required in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the United States Government.
Sec. 119. NRS 533.190 is hereby amended to read as follows:
533.190 1. At any time in the course of the hearings, the court may, in its discretion, by order assess and adjudge against any party such costs as it [may deem] deems just and equitable or may so assess the costs in proportion to the amount of water right standing allotted at that time; or the court may assess and adjudge such costs and expenses in its final judgment upon the signing, entry and filing of its formal findings of fact, conclusions of law and decree adjudicating the water rights against any party as it [may deem] deems just and equitable, or may so assess the costs in proportion to the amount of water right allotted and decreed in the final judgment.
2. After the making, entry and filing by the court of the first findings of fact, conclusions of law and decree made, entered and filed by the court in any such water adjudication as distinguished from the first proposed findings of fact, conclusions of law and decree, the court shall assess all costs and expenses against the loser or losers, in any and all subsequent proceedings in any such water adjudication.
3. [When such] If costs are assessed or allowed as provided for in this section and in NRS 533.170 and allotted, the state engineer, within 60 days after such filing and entry, as above described, shall certify to the boards of county commissioners of the respective counties wherein the stream system is situate either the amount of acreage set forth in the order of determination to which water has been allotted, or the respective water rights against which such costs [shall] have been assessed by the court, and the charges against each water user in accordance with the courts judgment and allocation of costs. Upon receipt of [such] the certificate from the state engineer by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor of the county in which the land or property served is situated. [Such] The county assessor shall enter the amount of [such charge or charges] the charge on the assessment roll against the claimants property or acreage served.
4. The proper officer of the county shall collect [such tax or taxes] the tax as other taxes are levied and collected, and [such charge shall be] the charge is a lien upon the property so served and [shall] must be collected in the same manner as other taxes are collected; but such costs [shall] must be collected in equal installments over 2 fiscal years.
5. When [such] the taxes are collected, the tax receiver [so] collecting the same shall transmit the [moneys so] money collected to the state treasurer at the time he transmits other tax [moneys] money collected by him as provided by law, and the state treasurer shall deposit the [same] money in the adjudication emergency [fund] account provided for in NRS 532.200, out of which such costs and expenses [shall] must be paid in the manner provided by law.
Sec. 120. NRS 533.290 is hereby amended to read as follows:
533.290 1. The taxes and charges provided for in NRS 533.285, when collected, must be deposited with the state treasurer, in the same manner as other special taxes, for credit to the water [distribution fund] district account which is hereby created [as a special revenue] in the state general fund.
κ1991 Statutes of Nevada, Page 1784 (CHAPTER 556, SB 497)κ
2. All bills against [this fund] the water district account must be certified by the state engineer or his assistant and, when certified and approved by the state board of examiners, the state controller may draw his warrant therefor against the [water distribution fund.] account.
3. No advances may be made from a stream system account that has been depleted until the advances are reimbursable from the proceeds of any tax levies levied against the particular stream system or water district for which any claims are presented.
4. Any money remaining in the water [distribution fund] district account at the end of the current year must remain in the [fund] account and be available for use in the following year.
5. The state controller shall keep separate accounts of the money for each stream system or water district received from the various counties within which the stream system or water district is located, and shall not draw warrants against [a water district] an account until he has been notified by the state engineer that assessments have been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada money advanced by the state out of the water distribution revolving account provided for in NRS 532.210.
Sec. 121. NRS 533.295 is hereby amended to read as follows:
533.295 1. The water [distribution fund] district account must be used exclusively for expenses incurred in the administration, operation and maintenance of the particular stream system from which the money is budgeted and collected.
2. The term expenses referred to in NRS 533.270 to 533.290, inclusive, includes salaries, hydrographic surveys, per diem expenses, car rental, equipment, including necessary automobiles, supplies and materials incidental to the proper administration and distribution of water.
Sec. 122. NRS 533.320 is hereby amended to read as follows:
533.320 The estimated cost of the administration of the final decree and the distribution of the waters of the stream system [shall] must be budgeted by the state engineer in like manner and at the time as provided in NRS 533.280. The budget [shall] must be first submitted to the district court for approval. Upon approval thereof by the district court the [same shall] budget must be submitted by the district court to the board of county commissioners of the proper county and thereupon all of the provisions of NRS 533.280 to 533.295, inclusive, [shall] govern with respect to the assessment and collection of the costs, the deposits thereof in the water [distribution fund] district account in the state treasury, and the payment of claims for the costs of administration of the final decree and the distribution of water thereunder.
Sec. 123. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of that basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the state engineer. The salaries of the well supervisor and his assistants must be fixed by the state engineer. The well supervisor and his assistants are exempt from the provisions of chapter 284 of NRS.
κ1991 Statutes of Nevada, Page 1785 (CHAPTER 556, SB 497)κ
2. The board of county commissioners shall levy a special tax annually, or at such time as the tax is needed, upon all taxable property situated within the confines of the area designated by the state engineer to come under the provisions of this chapter in such an amount as [may be] is necessary to pay those salaries, together with necessary expenses, including the compensation and other expenses of the state well drillers advisory board if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those costs. In designated areas within which the use of ground water is predominantly for agricultural purposes the levy must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge is $1.
3. The salaries and expenses may be paid by the state engineer from the water distribution revolving account pending the levy and collection of the tax as provided in this section.
4. The proper officers of the county shall levy and collect the special tax as other special taxes are levied and collected, and the tax is a lien upon the property.
5. The tax provided for, when collected, must be deposited with the state treasurer for credit to the water [distribution fund] district account to be accounted for in basin well accounts.
6. Upon determination and certification by the state engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller must transfer that amount to a separate operating account for that fiscal year for the ground water basin. Claims against the account must be approved by the ground water board and paid as other claims against the state are paid.
Sec. 124. NRS 534.140 is hereby amended to read as follows:
534.140 1. Every well driller, before engaging in the physical drilling of a well in this state for development of water, must annually apply to the state engineer for a license to drill.
2. The applications for those licenses and all licenses issued for the drilling of wells must be in the form prescribed by the state engineer.
3. All well-drilling licenses expire on June 30 following their issuance and are not transferable.
4. A fee of $100 must accompany each application for a license and a fee of $50 must be paid each year for renewal of the license.
5. Those license fees must be accounted for in the state engineers water license [fund] account and used to pay costs pertaining to licensing, the adoption and enforcement of regulations for well drilling and the compensation of the members of the well drillers advisory board and their expenses.
6. The state engineer shall prepare and keep on file in his office regulations for well drilling.
7. Before engaging in the physical drilling of a well in this state for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, must obtain a license as a well driller from the state contractors board.
κ1991 Statutes of Nevada, Page 1786 (CHAPTER 556, SB 497)κ
to purchase a well-drilling rig, must obtain a license as a well driller from the state contractors board.
Sec. 125. NRS 538.191 is hereby amended to read as follows:
538.191 1. Except as otherwise provided in the covenants of bonds issued by the State of Nevada and as provided in [subsections 2 and 3,] subsection 2, all revenues derived from the sale, lease or use of water or power which become due to the State of Nevada [under] pursuant to any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, must be deposited with the state treasurer for credit to the Colorado River commission fund which is hereby created as a special revenue fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. There is hereby created the Colorado River research and development [fund as a special revenue] account in the Colorado River commission fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as [may,] are, in the opinion of the commission, [be] necessary and proper for the protection of the interests of this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the commission and water or power users must be sufficient in amount to maintain the Colorado River research and development [fund] account in addition to defraying the cost to the commission of water and power delivered. When collected, these additional revenues must be deposited with the state treasurer for credit to the [fund.] account. The interest and income earned on the money in the [fund,] account, after deducting any applicable charges, must be credited to the [fund.
3. There is hereby created the Colorado River power and water fund as a special revenue fund. All transactions not accounted for in the Colorado River commission fund, the Colorado River research and development fund and the commissions enterprise funds involving the purchase and subsequent sale of power and water must be accounted for in this fund. All revenues received from those transactions must be deposited with the state treasurer for credit to this fund. Any balance in this fund on June 30 of each fiscal year must be transferred to the Colorado River commission fund the following fiscal year. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund.
4.] account.
3. Money in the [funds] fund and account provided for in this section must be paid out on claims as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 126. NRS 543.040 is hereby amended to read as follows:
543.040 The flood control [fund] account is hereby created [as a special revenue] in the state general fund. Money in the flood control [fund shall not revert to the state general fund] account does not lapse at the end of any fiscal year.
κ1991 Statutes of Nevada, Page 1787 (CHAPTER 556, SB 497)κ
Sec. 127. NRS 543.050 is hereby amended to read as follows:
543.050 The director shall use the money in the flood control [fund] account to pay all necessary costs in order to carry out the assurances and to perform the acts provided for in NRS 543.030. Reimbursements to the [fund] account must be in the manner described in NRS 543.060.
Sec. 128. NRS 543.060 is hereby amended to read as follows:
543.060 1. The director shall determine which counties, cities and public districts benefit by the project, and whether the state is benefited by the project, and to what extent there is benefit to the subdivisions, and reimbursement to the [fund] flood control account must be made in proportion to the benefit received.
2. If any portion of the flood control [fund] account is used for maintenance of any of those flood control projects, the flood control [fund] account must be fully reimbursed for cost of the maintenance by the state, counties, cities and public districts benefited by the project.
3. The director shall determine the period for repayment of the initial nonfederal charges as provided for under subsection 1, which period may not be more than 5 years after completion of the project for which money has been authorized.
4. The director, after having determined the benefits as set forth in subsection 1, shall, between the [1st] first Monday of October and the [1st] first Monday of December of each year, prepare a budget showing the amount of money estimated to be necessary to repay the initial capital outlay, which initial capital outlay is to be assessed in equal annual installments, and any estimated maintenance cost for the then current year, and submit the budget to the board of county commissioners. When the flood control project lies in more than one county, separate budgets must be prepared for each county.
Sec. 129. NRS 543.080 is hereby amended to read as follows:
543.080 1. The taxes and charges provided for in NRS 543.070, when collected, must be deposited with the state treasurer for credit to the flood control [fund.] account.
2. All bills against the [fund] account must be certified by the director and, when certified and approved by the state board of examiners, the state controller is authorized to draw his warrant against the flood control [fund.] account.
Sec. 130. NRS 543.100 is hereby amended to read as follows:
543.100 Upon a petition from a county, city or public district to the director, in a form prescribed by the director, requesting financial assistance to aid in paying the costs of planning, engineering, administration, acquisition of easements and rights of way and other proper expenses connected with a flood control project, or in paying costs for a riparian survey, the director may, following study and approval of the proposed project or survey, and subject to the approval of the governor and the state board of finance, loan money from the flood control [fund] account in the manner provided in NRS 543.090 to 543.140, inclusive.
Sec. 131. NRS 543.110 is hereby amended to read as follows:
543.110 1. Each petition to the director must describe the proposed flood control project or riparian survey, state the amount of money requested, and designate the areas to be assessed [for the purpose of reimbursement of] to reimburse the flood control [fund.]
κ1991 Statutes of Nevada, Page 1788 (CHAPTER 556, SB 497)κ
and designate the areas to be assessed [for the purpose of reimbursement of] to reimburse the flood control [fund.] account.
2. The director shall determine the period to be allowed for repayment of the money loaned, which period may not be longer than 5 years from the date of the loan.
3. The director shall, between the [1st] first Monday of October and the [1st] first Monday of December of each year following the date of any loan, prepare a budget based on repayment of the loan in equal annual installments showing the amount of money to be repaid in the next succeeding fiscal year, and shall submit the budget to the board of county commissioners of the county in which the project or survey is located. If the project or survey is located in more than one county, separate budgets must be prepared for each county.
Sec. 132. NRS 543.130 is hereby amended to read as follows:
543.130 1. The receipts of the charges provided for in NRS 543.120, when collected, must be deposited, in the same manner as receipts of special taxes are deposited, with the state treasurer for credit to the flood control [fund.] account.
2. All claims against the [fund] account must be certified by the director, and when they have been certified and approved by the state board of examiners, the state controller shall draw his warrant against the flood control [fund.] account.
Sec. 133. NRS 543.140 is hereby amended to read as follows:
543.140 Loans may be made pursuant to NRS 543.090 to 543.140, inclusive, from time to time for each proposed flood control project at the discretion of the director and within the limits of money available in the flood control [fund.] account.
Sec. 134. NRS 552.210 is hereby amended to read as follows:
552.210 1. A person shall not ship or transport into [the State of Nevada] this state any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a permit for entry issued by the department.
2. The department may issue a permit for the importation of bees on comb and hives containing comb into this state from another state if the applicant:
(a) Submits an application, on a form supplied by the department, stating:
(1) The name, address and telephone number of the owner or shipper and the state and county or origin.
(2) The address and telephone number of the owner or shipper in this state, if applicable.
(3) The number of colonies containing bees and a complete listing of all beekeeping equipment and appliances to be brought into this state.
(4) A legal description and the exact geographical location of the site for each apiary at its destination in this state.
(b) Except as otherwise provided in subsection 3 and in NRS 552.214, submits with the application, a certificate of inspection from an authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days before shipment and at a time when the bees are actively rearing their brood.
κ1991 Statutes of Nevada, Page 1789 (CHAPTER 556, SB 497)κ
(2) That 1 percent or less American foulbrood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during that period has been destroyed.
(3) The date on which the last inspection of the apiaries, bees, comb and used hives and equipment was made at their place of origin.
(4) The total number of colonies in the apiary at the time of the inspection and the number of colonies found to be diseased.
(5) The total number of colonies of bees, hives, used equipment and appliances to be shipped into this state.
(6) The shippers full name, the name under which he is doing business, if applicable, and his address.
(7) The identification numbers or letters, or both, used by the shipper to identify his beekeeping equipment.
(c) Submits with the application a fee set by the state board of agriculture which does not exceed $1 for each colony.
3. An applicant for a permit for entry may submit a certificate of inspection issued after August 15 by the department. Such a certificate authorizes reentry into the state through May 15 of the following year.
4. Each shipment must be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
5. If any bees, used hives, honeycombs or appliances entering [the State of Nevada] this state are found to be diseased at the time of inspection in this state, the shipment must be quarantined in the same manner as provided in NRS 552.200, and must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
6. All honeycombs transported from a point outside [the State of Nevada] this state through this state in interstate commerce must be covered by the person in possession in a manner which will prevent access of bees.
7. All bees, used hives, honeycombs or appliances entering [the State of Nevada] this state in violation of the provisions of this chapter must be destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to the owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may destroy the bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale must include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of the sale must be deposited with the state treasurer for credit to the apiary inspection [fund.] account.
Sec. 135. NRS 552.300 is hereby amended to read as follows:
552.300 1. Upon presentation of satisfactory evidence by the state quarantine officer, the chief inspector [,] or any deputy inspector of the violation of any of the provisions of this chapter, any district attorney shall, without delay, prosecute the person so violating any of the provisions of this chapter.
2. The department may, at its discretion, employ counsel to assist in the prosecution of any person charged with the violation of any of the provisions of this chapter and compensate the counsel so employed out of the apiary inspection [fund.]
κ1991 Statutes of Nevada, Page 1790 (CHAPTER 556, SB 497)κ
of this chapter and compensate the counsel so employed out of the apiary inspection [fund.] account.
Sec. 136. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection [fund] account is hereby created in the state [treasury as a special revenue] general fund for the use of the department.
2. The following special taxes, fees and other money must be deposited in the livestock inspection [fund:] account:
(a) All special taxes on livestock as provided by law, except the assessment collected pursuant to NRS 565.075 and any tax levied pursuant to NRS 575.070.
(b) Fees and [moneys] other money collected pursuant to the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays [under the provisions of] pursuant to NRS 569.010 to 569.130, inclusive.
(e) Fees collected [under the provisions of] pursuant to chapter 573 of NRS.
(f) Fees collected [under the provisions of] pursuant to chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as [may be necessary under the provisions of] are necessary pursuant to chapter 571 of NRS.
3. Expenditures from the livestock inspection [fund] account must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
4. The interest and income earned on the money in the livestock inspection [fund,] account, after deducting any applicable charges, must be credited to the [fund.] account.
Sec. 137. NRS 561.365 is hereby amended to read as follows:
561.365 1. The apiary inspection [fund] account is hereby created in the state [treasury as a special revenue] general fund for the use of the department.
2. The following fees must be deposited in the apiary inspection [fund:] account:
(a) Fees collected [under] pursuant to the provisions of NRS 552.085 to 552.310, inclusive.
(b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as [may be necessary under] are necessary pursuant to the provisions of NRS 552.085 to 552.310, inclusive.
3. Expenditures from the apiary inspection [fund] account must be made only for the purpose of carrying out the provisions of chapter 552 of NRS and the provisions of this chapter.
Sec. 138. NRS 561.385 is hereby amended to read as follows:
561.385 1. The agriculture registration and enforcement [fund] account is hereby created [as a special revenue fund in the state treasury] in the state general fund for the use of the department.
κ1991 Statutes of Nevada, Page 1791 (CHAPTER 556, SB 497)κ
2. The following fees must be deposited in the agriculture registration and enforcement [fund:] account:
(a) Fees collected [under] pursuant to the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected [under] pursuant to the provisions of NRS 588.010 to 588.350, inclusive.
(c) Fees collected [under] pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as [may be necessary under] are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as [may be necessary under] are necessary pursuant to the provisions of NRS 588.010 to 588.350, inclusive.
(f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as [may be necessary under] are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as [may be necessary under] are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
3. Expenditures from the agriculture registration and enforcement [fund] account must be made only for the purposes of carrying out the provisions of chapters 586, 588 and 590 of NRS, NRS 555.2605 to 555.460, inclusive, and the provisions of this chapter.
Sec. 139. NRS 561.407 is hereby amended to read as follows:
561.407 1. The [fund] account for the promotion of beef is hereby created [as a special revenue fund in the state treasury.] in the state general fund.
2. The interest and income earned on the money in the [fund] account for the promotion of beef, after deducting any applicable charges, must be credited to the [fund.] account.
Sec. 140. NRS 561.409 is hereby amended to read as follows:
561.409 1. The alfalfa seed research and promotion [fund] account is hereby created [as a special revenue fund in the state treasury.] in the state general fund. The proceeds of the special assessment levied pursuant to NRS 587.155 must be credited to the alfalfa seed research and promotion [fund] account and all refunds made pursuant to NRS 587.155 must be paid from the alfalfa seed research and promotion [fund.] account.
2. Expenditures from the alfalfa seed research and promotion [fund] account may be made only for:
(a) Alfalfa seed research and marketing promotion programs;
(b) Administrative, per diem and travel expenses of the alfalfa seed advisory board; and
(c) Reimbursement to the department for administrative expenses of the department, not to exceed 5 percent of the assessments collected.
κ1991 Statutes of Nevada, Page 1792 (CHAPTER 556, SB 497)κ
Sec. 141. NRS 562.140 is hereby amended to read as follows:
562.140 1. Whenever the board [shall deem] deems it necessary, it may employ special attorneys to assist in the prosecution of violations or violators of any of the provisions of this chapter, and also may employ attorneys for such other purposes as the board [may deem] deems necessary.
2. Such services [shall] must be paid for out of any [moneys] money in the sheep inspection [fund.] account.
Sec. 142. NRS 562.170 is hereby amended to read as follows:
562.170 1. The rate of tax fixed by the board, as provided for in NRS 562.160, must not exceed the equivalent of 18 cents per head on all sheep.
2. The tax paid by an owner of sheep must be deposited in the state treasury for credit to the sheep inspection [fund] account, which is hereby created [as a special revenue] in the state general fund. The sheep inspection [fund] account must be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this chapter.
Sec. 143. NRS 562.200 is hereby amended to read as follows:
562.200 All contributions of money which the board is authorized to accept and which [is] are made by any organization interested in the welfare of the sheep industry must be deposited by the board with the state treasurer in the sheep inspection [fund] account and must be disbursed by the proper state officials when ordered by the board in accordance with the purposes for which each contribution was made.
Sec. 144. NRS 562.210 is hereby amended to read as follows:
562.210 1. The board may encourage, promote, advance and protect the sheep interests of the state, and may, directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection [fund,] account, for any enumerated purposes, not to exceed the equivalent of 10 cents of the levy assessed pursuant to NRS 562.170.
2. The board is the sole and exclusive judge of the expenditures of all sums directly or by the payment to any association, club or other organization pursuant to this section.
Sec. 145. NRS 562.220 is hereby amended to read as follows:
562.220 The salaries, compensation and expenses provided for in this chapter [shall] must be paid out of the sheep inspection [fund.] account.
Sec. 146. NRS 562.230 is hereby amended to read as follows:
562.230 Whenever any inspector files in the office of the state controller proper vouchers, duly approved by the board, setting forth:
1. The name of the inspector;
2. The kind and nature of service rendered;
3. The particular locality where the work was done;
4. The length of time employed;
5. The number of sheep inspected and the name of the owner or person in charge of such sheep;
6. The disease or diseases treated, and the length of time of such treatment; and
7. The amount claimed for such services, [then] the state controller shall draw a warrant in favor of [such] the inspector, payable out of the [moneys] money in the sheep inspection [fund.]
κ1991 Statutes of Nevada, Page 1793 (CHAPTER 556, SB 497)κ
[then] the state controller shall draw a warrant in favor of [such] the inspector, payable out of the [moneys] money in the sheep inspection [fund.] account.
Sec. 147. NRS 563.221 is hereby amended to read as follows:
563.221 1. The executive director of the state department of agriculture shall deposit the money of the council with the state treasurer for credit to the account [of the council in the fund] for the promotion of beef.
2. The state treasurer shall disburse the money of the council on the order of the council.
3. Claims against the account [of the council] for the promotion of beef must be paid as other claims against the state are paid.
Sec. 148. NRS 564.030 is hereby amended to read as follows:
564.030 The executive director is empowered and authorized to carry out the terms and provisions of NRS 564.010 to 564.150, inclusive, and, for that purpose, to make such rules and regulations not inconsistent therewith, and to appoint such agents, under his direction, as he deems necessary therefor. All expense in connection therewith [shall be met] must be paid from the livestock inspection [fund,] account, except as provided in NRS 564.010 to 564.150, inclusive.
Sec. 149. NRS 565.040 is hereby amended to read as follows:
565.040 1. The executive director [is authorized and empowered to] may declare any part [or parts of the State of Nevada] of this state a brand inspection district . [or districts.]
2. After the creation of any brand inspection district as authorized by this chapter all animals within any such district [shall be] are subject to brand inspection in accord with the terms of this chapter before:
(a) Consignment for slaughter within any district;
(b) Any transfer of ownership by sale or otherwise; or
(c) Removal from [such district when such] the district if the removal is not authorized pursuant to a livestock movement permit issued by the department.
3. Whenever a brand inspection district is created by the department [under] pursuant to the provisions of this chapter, the executive director shall adopt and issue regulations defining the boundaries of [such] the district, the fees to be collected for [such] brand inspection, and prescribing such other rules or methods of procedure not inconsistent with the provisions of this chapter as he deems wise.
4. Any regulations issued [under] pursuant to the provisions of this section [shall] must be published at least twice in some newspaper having a general circulation in the brand inspection district created by [such] the regulations, and copies of [such regulations shall also] the regulations must be mailed to all common carriers of record with the public service commission of Nevada operating in [such] the brand inspection district, which publication and notification [shall constitute] constitutes legal notice of the creation of [such] the brand inspection district. The expense of [such] advertising and notification [shall] must be paid from the livestock inspection [fund.] account.
κ1991 Statutes of Nevada, Page 1794 (CHAPTER 556, SB 497)κ
Sec. 150. NRS 565.075 is hereby amended to read as follows:
565.075 The department may collect the assessment required pursuant to 7 U.S.C. § 2904 and shall deposit the money collected with the state treasurer for credit to the [fund] account for the promotion of beef.
Sec. 151. NRS 567.060 is hereby amended to read as follows:
567.060 1. The office of the committee [shall] must be located in the office of the state board of sheep commissioners.
2. Such miscellaneous administrative expenses as are necessary for the conduct of the committees affairs, aside from travel and subsistence expenses of the members and the secretary, such as stationery and postage, [shall] must be paid from and [be] are a proper charge against the sheet inspection [fund] account of the state board of sheep commissioners.
Sec. 152. NRS 567.120 is hereby amended to read as follows:
567.120 As collected, the money derived from the special levy authorized by NRS 567.110 must be deposited by the proper county officer in the state treasury for credit to the [fund] account for control of predatory animals which is hereby created [as a special revenue] in the state general fund, subject only to the orders of the board.
Sec. 153. NRS 567.130 is hereby amended to read as follows:
567.130 1. The board, acting as the committee, may:
(a) Enter into cooperative agreements with the Fish and Wildlife Service of the United States Department of the Interior in its program of predatory animal control.
(b) Contribute money to aid the program from the [fund] account for control of predatory animals in accordance with the terms of any such cooperative agreements and within the limitations of the [fund] account for control of predatory animals.
2. The board may draw upon the [fund] account for control of predatory animals for this purpose only and the sums so drawn must be made available from the [fund] account by the proper authorities of the state in the amounts and for the purposes for which they are drawn.
Sec. 154. NRS 567.150 is hereby amended to read as follows:
567.150 In the case of any proceeds from the sale of furs received by the board from the Fish and Wildlife Service of the United States Department of the Interior or any other contributions which [may be] are received by the board for aiding in control of predatory animals, the amounts concerned must be deposited by the board in the [fund] account for the control of predatory animals, becoming a part thereof and subject to the provisions of NRS 567.100 to 567.170, inclusive.
Sec. 155. NRS 567.170 is hereby amended to read as follows:
567.170 Administrative expenses necessary on the part of the board in carrying out the provisions of NRS 567.100 to 567.170, inclusive, [shall be] are a proper charge against and payable from the sheep inspection [fund.] account.
Sec. 156. NRS 569.010 is hereby amended to read as follows:
569.010 1. Except as otherwise provided by law, all estrays within [the State of Nevada,] this state shall be deemed for the purpose of this section to be the property of the department.
κ1991 Statutes of Nevada, Page 1795 (CHAPTER 556, SB 497)κ
2. The department [shall have] has all rights accruing [under] pursuant to the laws of this state to owners of such animals, and may dispose of any such animals by sale through an agent appointed by the department.
3. Except as otherwise provided by law, all [moneys] money collected for the sale or for the injury or killing of any [of] such animals [shall] must be held for [a period of] 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All [moneys] money remaining unclaimed [shall] must be deposited in the livestock inspection [fund after the period of] account after 1 year. The department may disallow all claims if the department deems the claims illegal or not showing satisfactory evidence of title.
4. The department [shall not be held] is not liable for any trespass or other damage caused by any of such estrays.
Sec. 157. NRS 569.090 is hereby amended to read as follows:
569.090 1. The department shall pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in a savings account in a bank qualified to receive deposits of public money. Any interest and the proceeds from the sale of an estray which are not claimed pursuant to subsection 3 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection [fund.] account.
2. The department shall make a complete record of all such transactions, including the marks and brands and other means of identification of an estray, which record must be open to the inspection of the public.
3. If the lawful owner of any estray sold as provided in this section is found within 1 year after the sale, the net amount received from the disposal of such estray must be paid to the owner if he proves ownership to the satisfaction of the department.
4. If any claim pending after the expiration of 1 year [from] after the date of sale is denied, the proceeds must be deposited in the livestock inspection [fund.] account.
Sec. 158. NRS 571.035 is hereby amended to read as follows:
571.035 1. Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the department shall fix the amount of the annual special tax on each head of the following specified classes of livestock, and not exceeding the following rates per head for each class:
Class Rate per head
Stock cattle .................................................................................... $0.28
Dairy cattle .................................................................................... .53
Horses ............................................................................................. .75
Mules .............................................................................................. .75
Burros or asses .............................................................................. .75
Hogs and pigs ................................................................................ .07
Goats ............................................................................................... .06
κ1991 Statutes of Nevada, Page 1796 (CHAPTER 556, SB 497)κ
2. As used in subsection 1:
(a) Dairy cattle are bulls, cows and heifers of the dairy breeds, more than 6 months old.
(b) Stock cattle are:
(1) Steers of any breed and other weaned calves of the beef breeds, more than 6 months old; and
(2) Bulls, cows and older heifers of the beef breeds.
(c) The classes consisting of horses, mules, and burros and asses exclude animals less than 1 year old.
3. The department shall send notice of the special tax on each head of the specified classes of livestock to the county assessor or treasurer of each county on or before the first Monday in May of each year.
4. Upon the receipt of any such tax and the report thereof by the state controller, the department shall credit the amount of the tax as paid on its records.
5. The special taxes paid by an owner of livestock, when transmitted to the state treasurer, must be deposited in the livestock inspection [fund.] account.
Sec. 159. NRS 575.060 is hereby amended to read as follows:
575.060 1. As used in this section, unless the context requires otherwise, department means the state department of agriculture.
2. Any cattle, horses or mules found by the department or an authorized representative of the department to be in the possession of any person who does not have satisfactory evidence of the ownership or right to possession thereof may be impounded by the department or [such] its representative without liability at the expense of the owner, until the ownership of [such animal or animals] the animal is established.
3. After the expiration of 10 days from the date [such animal or animals] the animal is impounded, if the department cannot with reasonable diligence determine the lawful owner thereof, [such animal or animals] the animal may be sold by the department in the manner provided in chapter 569 of NRS. All expenses incurred by the department in the keeping of [such animal or animals] the animal is and in the sale thereof [shall] must be paid out of the proceeds of [such] the sale.
4. Except as otherwise provided in subsection 5, the net proceeds of any such sale [shall] must be held for [a period of] 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All [moneys] money remaining unclaimed [shall] must be deposited in the livestock inspection [fund after the period of] account after 1 year. The department may disallow all claims if it deems the claims illegal or if satisfactory evidence of title is not shown.
5. If [such animal or animals are] the animal is consigned to a public livestock market for sale at [such] that market, the proceeds of [such sale shall] the sale must be kept by the department, or, if the department deems it advisable, by [such] the public livestock market, for [a period of] 30 days, to permit the consignor to prove his legal ownership or his right to sell [such animal or animals. If such] the animal. If the consignor is unable to prove his ownership to or his right to sell [such animal or animals, such proceeds shall] the animal, the proceeds must be disposed of as provided in subsection 4.